OATH Final Rule Concerning Procedures for Hearings Involving TLC

Adopted Rules: Closed to Comments

Effective Date: 
Friday, July 19, 2019
Agency:
Download Copy of Adopted Rule (.pdf): 

City of New York

Office of Administrative Trials and Hearings

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings (OATH) in accordance with Sections 1049 and 1043 of the New York City Charter that OATH amends chapter 5 of title 48 of the Rules of the City of New York to incorporate the requirements set forth in the recently added chapter 10 of title 19 of the Administrative Code of the City of New York, regarding certain procedures to be followed at the OATH Hearings Division in adjudicating summonses issued by the Taxi and Limousine Commission (TLC).  The proposed rule was published in The City Record on May 6, 2019, and a public hearing was held on June 5, 2019. 

Mr. Peter M. Mazer, Esq., General Counsel of the Metropolitan Taxicab Board of Trade, provided testimony at the public hearing concerning the use of videoconferencing for hearings on summonses issued by the TLC, the TLC Chairperson’s review of mitigated penalties, and the timeliness requirements of respondent appearances.  As a result of his testimony, OATH amended sections 5-01a(c) and 5-06(c)(3) to reflect the requirements in Administrative Code sections 19-1003(c) and 19-1005.

Statement of Basis and Purpose of Final Rule

The City of New York recently enacted Local Law 19 of 2019, creating special procedures for the Office of Administrative Trials and Hearings (OATH) in adjudicating summonses issued by the Taxi and Limousine Commission (TLC).  This rule incorporates these new procedures into chapter 5 of title 48 of the Rules of the City of New York, the chapter of OATH’s Hearings Division rules solely applicable to TLC-related hearings.  OATH makes the following changes to chapter 5 of title 48: new section 5-01a; new subdivision (a) of section 5-04; an amendment to the title of subdivision (a) of section 5-05; and new subdivision (c) of section 5-06.  

New section 5-01a specifies the times by which a Respondent and a Petitioner must appear at a scheduled OATH hearing in order to constitute an appearance and the consequences for failing to appear in a timely manner.

New subdivision (a) of section 5-04 sets a fifty (50) day time limit to appeal a Hearing Officer’s underlying decision in cases in which the Hearing Officer has reduced the TLC penalty in order to allow such appellants sufficient time to file an appeal with OATH after the TLC Chairperson issues a determination on the Hearing Officer’s penalty reduction. 

The amended title of subdivision (a) of section 5-05, “Scope of Review of Appeals Unit Decisions,” clarifies that this subdivision, which relates to the review authority of the TLC Chairperson, only applies to decisions of the Appeals Unit. 

New subdivision (c) of section 5-06 grants Hearing Officers the discretion to decrease the penalties imposed for TLC violations if, upon consulting a list of factors, the Hearing Officer determines that a reduction of the penalty would be in the interest of justice.  The same subdivision also makes clear that the Chairperson of the TLC may reinstate the full penalty or increase the penalty that the Hearing Officer had reduced. 

This rule was not included in OATH’s regulatory agenda for this Fiscal Year as the underlying legislation was not anticipated by OATH.