Driver questionFines, payments & suspensions

What Happens If I Miss My OATH Hearing on a TLC Summons?

Missed your OATH hearing? See the chain of events for TLC drivers: default, the 30-day fine clock, license suspension, and the time limits to reopen the case.

  • Reviewed
  • 2 min read
  • 5 official sources
On this page (5)
  1. The chain of events, step by step
  2. What OATH looks at after 75 days
  3. What to do today
  4. FAQ
  5. Sources

If you miss your OATH hearing, OATH decides the case without you. The facts on the summons are treated as admitted, you are found in violation, and the penalty allowed by the rule is applied. This is called a default. For a TLC driver, the real danger comes next: an unpaid default fine can lead to a license suspension.

The good news: a first request to reopen the case is granted if you act in time.

The chain of events, step by step

After a missed TLC hearing

  1. Watch out: Hearing date passes

    You did not appear, answer online, or reschedule before the hearing.

  2. Important: Default decision

    OATH finds you in violation. The facts in the summons are deemed admitted. The decision takes effect right away.

  3. Decision is mailed

    OATH mails the default decision to you. Under the rule the 75-day window runs from the mailing date, but OATH's FAQ counts from the hearing date, so act as if the clock started on the hearing date.

  4. Watch out: Fine comes due

    TLC rules make fines due 30 days after a guilty finding.

  5. Important: Suspension notice

    If the fine is unpaid, TLC writes to you. Your license is suspended 10 business days after that notice, until you pay.

1. The default decision

Under OATH's rules, a respondent (the person charged) who does not appear and did not ask to reschedule is in default. "Without further notice or a hearing," the facts in the summons are deemed admitted and the penalties set by law are applied (48 RCNY 6-20). OATH's public page warns that a higher fine may be imposed (OATH: Hearings and Defaults). A default also counts as a finding against you, so any TLC points or suspension in the rule's penalty box can apply too.

2. The fine clock

TLC rule §68-02(c) says fines are due 30 days after you are found guilty. If the fine is not paid by close of business on the due date, TLC will notify you in writing that your license will be suspended 10 business days after that notice, until the fine is paid (TLC Rules ch. 68). See can TLC suspend my license for unpaid fines.

3. Your way back: a new hearing

You cannot appeal a default (48 RCNY 6-19). Instead, you ask OATH for a new hearing, also called a motion to vacate a default.

Time limits to reopen a TLC default

  1. Within 75 days

    Good to know: First request is granted

    The rule counts from the date the default decision was mailed or handed to you; OATH's FAQ counts from the missed hearing date. To be safe, count from the hearing date. A mailed request must be postmarked in time.

  2. 75 days to 1 year

    Watch out: Reasonable excuse needed

    Explain why you missed the hearing and attach proof. A hearing officer decides.

  3. Up to 2 years

    Watch out: TLC cases: motion to vacate

    OATH's TLC chapter (48 RCNY 5-03) allows a written motion to vacate within two years of the default decision.

  4. After that

    Important: Exceptional circumstances only

    Only to avoid injustice, at the Chief Administrative Law Judge's discretion.

The 75-day rule and the one-year rule are in 48 RCNY 6-21. For TLC summonses, OATH's Chapter 5 adds that a respondent may file a written motion to vacate within two years of the default decision (48 RCNY 5-03). Do not wait for that limit: every week the fine stays unpaid brings you closer to a suspension.

What OATH looks at after 75 days

When your request is late, the hearing officer weighs things like whether the summons was properly served, emergencies or medical problems, whether you tried to attend, and whether you kept your address current with TLC (48 RCNY 6-21). If you never got the summons, read what if I never received my TLC summons.

What to do today

  1. Find your summons number and check the case with our summons lookup or TLC UP.
  2. If you are inside 75 days, file the OATH request for a new hearing now.
  3. Check whether a fine is already due. If a suspension notice arrived, read TLC license suspended: what to do.
  4. Prepare for the new hearing with the hearing prep checklist.
Free tool

TLC summons deadline calculator

Enter one date from your paperwork to see the related OATH and TLC deadlines.

This tool needs JavaScript. The rules it uses are listed under “How this works” below.

Which date do you have?

It's printed on the summons. You can also check it with a summons lookup.

Pick a date to see your deadlines.

How this works

  • Uses the deadlines OATH and TLC publish: phone-hearing requests 3 business days ahead (no more than a month ahead), in-person requests 5 business days ahead, payment before the hearing, fines due 30 days after a guilty finding (§80-02(c)), appeals in 30 days (35 if mailed), new-hearing requests within 75 days of a missed hearing, and suspension 10 business days after an unpaid-fine notice.
  • Business days skip weekends only. Public holidays are not counted, so treat business-day dates as the latest possible and act earlier.
  • If a date on your summons, decision or notice is different from what you see here, the paper wins.

The full guide on defaults is Missed your OATH hearing?.

Frequently asked questions

Does missing my hearing mean I am guilty?

Yes, in effect. Under OATH's default rule, the facts in the summons are deemed admitted and you are found in violation. The penalties allowed by law are applied without another hearing.

Can my TLC license be suspended because I missed a hearing?

Not directly for missing it, but a default creates a fine. TLC rules say fines are due 30 days after you are found guilty. If it is not paid, TLC sends a notice and suspends the license 10 business days later until the fine is paid.

How long do I have to reopen a TLC default?

A first request within 75 days of the date the default decision was mailed or handed to you is granted. OATH's TLC chapter (48 RCNY 5-03) also allows a written motion to vacate within two years of the default decision. After 75 days you need a reasonable excuse and the hearing officer decides.

Can I appeal a default decision?

No. OATH rules say default decisions cannot be appealed. You ask for a new hearing (a motion to vacate the default) instead.

What if I miss the new hearing too?

A second default on the same summons is final at OATH. It can only be challenged in court under Article 78, or reopened by the Chief Administrative Law Judge in exceptional circumstances.

Sources

Last reviewed against the official sources on .

  1. OATH Rules, Subchapter E: Defaults (48 RCNY 6-20, 6-21) nyc.gov
  2. OATH Rules, Chapter 5: TLC violations (48 RCNY 5-03) nyc.gov
  3. TLC Rules, Chapter 68: Adjudications (§68-02) nyc.gov
  4. OATH: Hearings and Defaults nyc.gov
  5. OATH Rules, Subchapter D: Appeals (48 RCNY 6-19) nyc.gov

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