Free toolOATH hearings & process

OATH Appeal Deadline Calculator for TLC Decisions

Find the last day to appeal an OATH decision on a TLC summons: 30 days, or 35 if mailed. Plus when the TLC fine is due and why you needn't pay it first.

  • Reviewed
  • 5 official sources
On this page (5)
  1. How the calculator works
  2. Worked example
  3. What an appeal is — and isn't
  4. FAQ
  5. Sources

In short: You have 30 days from the decision date to appeal an OATH Hearings Division decision, or 35 days if the decision was mailed to you. Enter the decision date and how you got it, and the calculator shows your last day, how much of the window has passed, and the TLC payment date that runs alongside it.

Free tool

OATH appeal deadline calculator

Find the last day to appeal an OATH Hearings Division decision on a TLC summons.

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

Printed next to the hearing officer's signature on the last page.

How did you receive the decision?

Enter the decision date to see your deadline.

How this works

  • OATH: an appeal is due within 30 days of the decision date, or 35 days if the decision was mailed to you. The decision date is next to the hearing officer's signature on the last page.
  • If the hearing officer reduced your penalty under OATH's TLC rule §5-06(c), the appeal deadline is 50 days instead (48 RCNY §5-04(a)). This calculator shows the usual 30/35-day deadline.
  • OATH's general rule asks most appellants to pay first, but for TLC summonses you do not have to pay to file a timely appeal (48 RCNY §5-04(b)).
  • TLC §80-02(c): a TLC fine is due 30 days after the guilty finding; with an on-time appeal, payment is deferred until 30 days after the appeal decision. A suspension in the decision is not deferred by an appeal.
  • Your appeal must also be sent to the enforcement agency (TLC). The back of your decision explains how. A default decision is not appealed: you ask for a new hearing instead.

How the calculator works

It applies two published rules:

  1. The appeal clock. OATH says an appeal must be filed "within 30 days of the date of the decision, or 35 days of the date of the decision if the decision was mailed to you." The tool adds 30 or 35 calendar days to the date you enter. If you choose "Not sure", it uses the earlier 30-day date, because being early is never a problem and being late can be.
  2. The fine clock. Under TLC rule §80-02(c), a TLC fine is due within 30 days of the guilty finding. If you appeal on time, TLC defers the payment until 30 days after the appeal decision.

You may see a third rule on OATH's website: for most city summonses, OATH says you must pay the penalty before you appeal unless you get a financial hardship waiver (OATH appeals FAQ). TLC summonses are an exception. OATH's TLC chapter says that, under Administrative Code §19-506.1(c), a respondent "will not be required to pay the fines, penalties, or restitution imposed in the decision in order to file a timely appeal" (48 RCNY §5-04(b)). So for a timely TLC appeal, you don't pay first, and the fine isn't due until 30 days after the appeal decision. Two cautions. A late appeal loses this protection. And a suspension in the decision takes effect when the decision is issued; an appeal doesn't pause it.

One exception to the 30/35 days: if the hearing officer used OATH's TLC-only power to reduce your penalty (§5-06(c)), the appeal deadline is 50 days (§5-04(a)). The calculator doesn't cover that case; count 50 days from the decision date.

Worked example

Your decision is dated Tuesday, September 15, 2026.

Example: decision dated Tue, Sep 15, 2026

  1. Tue, Sep 15

    Decision date (day 0)

    Printed next to the hearing officer's signature on the last page.

  2. Thu, Oct 15

    Watch out: Appeal due if you got it at the hearing or online

    30 days. Also the TLC fine due date if you don't appeal.

  3. Tue, Oct 20

    Important: Appeal due if it was mailed to you

    35 days. Don't count on the extra 5 days unless the decision really came by mail.

  4. By Mar 14, 2027

    Latest date for OATH's written appeal decision

    OATH says it decides within 180 days of the filing date — counted here from a filing on Sep 15 itself; later filing means a later date.

If you appealed on October 10, OATH's 180-day promise would run to early April 2027 instead. During that time a timely TLC appeal defers the fine, but check whether the decision also imposed a suspension, which an appeal does not pause.

What an appeal is — and isn't

An appeal is not a new hearing. OATH says you cannot submit new evidence or raise facts that weren't presented to the hearing officer. An appeal makes sense when facts or a legal argument that would change the result were overlooked or misunderstood. That is why preparing well before the hearing matters so much — see evidence for a TLC hearing and what TLC must prove.

Appeal vs new hearing: which one fits your decision?

Your situationWhat to fileDeadline
You had a hearing and lostAppeal to OATH (and send a copy to TLC)30 days from the decision, 35 if mailed
You missed the hearing (default)Request a new hearing — defaults can't be appealedA first request within 75 days of the default decision is granted; for TLC summonses a motion to vacate can be filed up to 2 years after (48 RCNY §5-03), but later requests need a reasonable excuse

If you paid the summons before a hearing, you pleaded guilty, which is different again — see can I appeal a TLC default or guilty plea?.

You must also send your appeal to the enforcement agency (TLC); the back of the decision explains how. Full details are in our guide to appealing an OATH decision, and the quick answer on paying first is in do I have to pay my TLC fine before appealing?. If the date has already passed, read how long you have to appeal and contact OATH or a lawyer straight away. If you never had a hearing, use the deadline calculator in "Missed hearing" mode.

Frequently asked questions

Where do I find the decision date?

OATH says it is next to the judicial hearing officer's signature on the last page of the decision. Count from that date, not from the day you opened the envelope.

Do I have to pay the fine before I appeal?

Not for a TLC summons. OATH's general rule asks most appellants to pay first, but OATH's TLC chapter (48 RCNY §5-04(b)) says a TLC respondent does not have to pay to file a timely appeal, and TLC rule §80-02(c) defers the fine until 30 days after the appeal decision.

Can I get more time to appeal?

OATH says a first request for an extension filed within the 30-day (or 35-day) window is granted automatically. Later requests need good cause.

Can I appeal a default decision?

No. If you were found in violation because you missed the hearing, you ask OATH for a new hearing instead of appealing.

How long does an appeal take?

OATH says it issues a written appeal decision within 180 days of the date the appeal was filed.

Sources

Last reviewed against the official sources on .

  1. OATH: Appeal a decision nyc.gov
  2. OATH: Appeals frequently asked questions nyc.gov
  3. TLC Rule Book, Chapter 80 (updated June 6, 2025), §80-02(c) nyc.gov
  4. OATH Rules, Chapter 5: TLC violations (48 RCNY §5-04) nyc.gov
  5. OATH: Missed hearings (default) FAQ nyc.gov

Spotted something out of date? Tell us and we'll check it against the official source.