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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
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.
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
- Find your summons number and check the case with our summons lookup or TLC UP.
- If you are inside 75 days, file the OATH request for a new hearing now.
- Check whether a fine is already due. If a suspension notice arrived, read TLC license suspended: what to do.
- Prepare for the new hearing with the hearing prep checklist.
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 .
- OATH Rules, Subchapter E: Defaults (48 RCNY 6-20, 6-21) nyc.gov
- OATH Rules, Chapter 5: TLC violations (48 RCNY 5-03) nyc.gov
- TLC Rules, Chapter 68: Adjudications (§68-02) nyc.gov
- OATH: Hearings and Defaults nyc.gov
- OATH Rules, Subchapter D: Appeals (48 RCNY 6-19) nyc.gov
Spotted something out of date? Tell us and we'll check it against the official source.
TLC Help is not a law firm and is not affiliated with the NYC Taxi & Limousine Commission or OATH. Explanations on this site are general information, not legal advice. Legal representation is provided by independent attorneys and OATH-registered representatives in our network.