OATH Proposed Procedures for Hearings Involving TLC

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, June 5, 2019
Download Copy of Proposed Rule (.pdf): 

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).  The rule proposed by OATH 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 proposes 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.  

Proposed 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.

Proposed new subdivision (a) of section 5-04 would set 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 proposed amended title of subdivision (a) of section 5-05, “Scope of Review of Appeals Unit Decisions,” would clarify that this subdivision, which relates to the review authority of the TLC Chairperson, only applies to decisions of the Appeals Unit. 

Proposed new subdivision (c) of section 5-06 would grant 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 proposed rule was not included in OATH’s regulatory agenda for this Fiscal Year as the underlying legislation was not anticipated by OATH.

Public Hearing
Subject: 

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Public Hearing Date: 
Wednesday, June 5, 2019 - 10:00am
Contact: 

OATH Rules, 212-436-0708

Location: 
OATH 10th Floor Conference Room
66 John Street 10th Floor
New York, NY 10038