(a) Summary Suspension.
(1) The Chairperson can summarily suspend a License if the Chairperson believes that continued licensure would constitute a direct and substantial threat to public health or safety, pending revocation proceedings. Such direct and substantial threats to public health or safety include but are not limited to:
(i) Any act, as prohibited by these Rules, of driving a TLC licensed vehicle while Impaired by intoxicating liquor (regardless of its alcoholic content), or Drugs;
(ii) Any act, as prohibited by these Rules, of bribery, fraud, material misrepresentation, theft, threat against a person, harassment, abuse, or use of physical force;
(iii) Any act, as prohibited by these Rules, involving the possession of a Weapon in a vehicle licensed under these Rules;
(iv) A positive result on a drug test or a drug test sample that cannot be tested for Drugs.
(2) Any Licensee whose License is summarily suspended is entitled to a Summary Suspension hearing at the OATH Tribunal as set forth below.
(3) The Commission will notify the Licensee either by personal service or by USPS first class mail of the Summary Suspension, within 5 days of the suspension.
(b) Summary Suspension or Revocation Hearing. If a Revocation hearing is not scheduled to be held within 15 calendar days from the suspension:
(1) The Respondent can request a hearing on the Summary Suspension by notifying the Commission within 10 calendar days from receiving the notice of suspension.
(2) Upon receipt of a request for a hearing, the Commission must request a Summary Suspension hearing to be held within 10 calendar days of the receipt of the request (if the tenth day falls on a Saturday, Sunday or holiday, the hearing may be held on the next business day), unless the Chairperson determines that the hearing will impair an ongoing civil or criminal investigation.
(3) No Summary Suspension hearing will be required where the Revocation hearing is scheduled within 15 calendar days of the suspension.
(4) If a Respondent does not request a hearing on the Summary Suspension within the time specified in paragraph (1) of this subdivision, then all of the following apply:
(i) the Respondent is deemed to have waived the opportunity to be heard on an expedited basis.
(ii) The Respondent will be scheduled for a hearing on the underlying violation in accordance with the normal procedures set forth in 48 RCNY Chapter 1.
(iii) The Summary Suspension will be continued until lifted by the OATH ALJ in the Revocation hearing.
(c) Conduct of Summary Suspension Hearing.
(1) The Summary Suspension hearing will be conducted according to the hearing procedures established in 48 RCNY Chapter 1.
(2) Where applicable, the affirmative defenses will include those provided in subdivision (b) of § 19-512.1 of the Administrative Code.
(3) The decision in the Summary Suspension hearing will be a Recommended Decision that includes findings of fact, conclusions of law, and a recommendation as to continuation of the suspension.
(4) The decision of the Chairperson is the final determination of the Commission with respect to the Summary Suspension.
(5) Unless otherwise specified, if the Chairperson does not render a decision within 60 calendar days from the end of the Summary Suspension hearing, the suspension must be lifted until the decision is rendered.
(d) Summary Suspension for Criminal Charges.
(1) The Chairperson can summarily suspend a License based upon criminal charges pending against a Licensee if the Chairperson believes that the charges, if true, would demonstrate that continued licensure would constitute a direct and substantial threat to public health or safety. Such charges include but are not limited to the following:
(i) Any charge for a crime which constitutes a felony;
(ii) Or any charge for the following offenses:
A. Assault in the third degree, as set forth in PL § 120.00;
B. Reckless endangerment in the second degree, as set forth in § 120.20;
C. Criminal obstruction of breathing, as set forth in § 121.11;
D. Sexual misconduct, as set forth in PL § 130.20;
E. Forcible touching, as set forth in PL § 130.52;
F. Sexual abuse in the third or second degree, as set forth in PL § 130.55 and § 130.60, respectively;
G. Promoting prostitution in the third, second, or first degree, as set forth in PL § 230.25, § 230.30, and § 230.32, respectively;
H. Compelling prostitution, as set forth in PL § 230.33;
I. Sex trafficking, as set forth in PL § 230.34;
J. Public lewdness, as set forth in PL § 245.00;
K. Endangering the welfare of a child, as set forth in PL § 260.10;
L. Criminal possession of a weapon in the fourth degree, as set forth in PL § 265.01;
M. Overdriving, torturing, and injuring animals or failing to provide proper sustenance, as set forth in AGM § 353;
N. Leaving the scene of an accident, as set forth in VAT § 600.2;
O. Driving while ability impaired, as set forth in VAT § 1192.1;
P. Operation of a motor vehicle while intoxicated, as set forth in VAT § 1192.2;
Q. Operation of a motor vehicle with an illegal blood-alcohol content, as set forth in VAT § 1192.3;
R. Driving while ability impaired by drugs, as set forth in VAT § 1192.4.
(2) Upon imposing Summary Suspension, the Commission must promptly notify the Respondent by serving written notice specifying the basis for the Summary Suspension, advising the Respondent of the right to a Summary Suspension hearing, and specifying the issue to be decided at the Summary Suspension hearing.
(3) The Commission need not commence revocation proceedings while the criminal charges are pending. However, the Respondent is entitled to request a Summary Suspension hearing.
(4) If the Respondent requests a Summary Suspension hearing, the Commission must schedule such hearing to be held within 10 calendar days of receipt of the Respondent's request. If the tenth day falls on a Saturday, Sunday or holiday, the hearing may be held on the next business day.
(5) At the Summary Suspension hearing, the Commission must prove by a preponderance of the evidence that the charges pending against the Respondent, if true, demonstrate that the continuation of the Respondent's License during the pendency of criminal charges would pose a direct and substantial threat to public health or safety. At the hearing, both the Commission and the Respondent may present evidence relevant to the determination, including, but not limited to:
(a) The particular facts and circumstances underlying the criminal charges, including the connection between the alleged offense and the Respondent's duties and responsibilities as a driver licensed by the Commission;
(b) The Respondent's driving record, including any history of serious violations or license suspension under these Rules or applicable provisions of law relating to traffic or Vehicles licensed by the Commission;
(c) The Respondent's previous criminal record, or lack thereof;
(d) The Respondent's character and standing in the community; and
(e) Any other evidence relevant to whether continued licensure of the Respondent during the pendency of criminal charges would pose a direct and substantial threat to public health or safety.
(6) The Recommended Decision shall be rendered within ten (10) business days from the close of the record of the Summary Suspension hearing. If the Recommended Decision is not rendered within this deadline, the suspension will immediately be lifted until the Chair's decision is rendered.
(7) The Chairperson can accept, reject, or modify the Recommended Decision in a written decision that includes the reasons therefor. The Chairperson may not reject or modify the Recommended Decision without setting forth a reasonable basis for doing so.
(8) (i) Except as further specified in subparagraph (ii) of this paragraph, the Chairperson must render a decision on continued suspension within twenty (20) calendar days of the date of the Recommended Decision, but only after promptly providing the Respondent a copy of the Recommended Decision and an opportunity to respond to the Recommended Decision within ten (10) calendar days. If the Chairperson does not render a decision within the 20-day period, the suspension must be lifted until such action is taken by the Chairperson.
(ii) Within five (5) business days of receiving a Recommended Decision recommending that the suspension be lifted, the Chairperson must: (i) accept the recommendation and lift the suspension, or (ii) provide the Respondent notice that the Recommended Decision may be rejected or modified, and the reasons therefor, and ten (10) calendar days to respond in writing to such notice. The Chair must render a decision within five (5) business days of receiving a response from the Respondent to such notice. If the Chair fails to meet these deadlines, the suspension will immediately be lifted until the Chair's decision is rendered.
(9) Notwithstanding the procedures for lifting a suspension during the pendency of criminal charges as set forth in this paragraph:
(i) Within one (1) business day of receipt of a certificate of disposition indicating that the charges against the Respondent have been dismissed, withdrawn, reduced to an offense not specified in paragraph (1) of this subdivision, or otherwise disposed of in a similar manner, the Commission must lift the suspension.
(ii) In all other cases, within five (5) business days of receiving from the Respondent a certificate of disposition of the criminal charges, the Commission must either lift the suspension or commence revocation proceedings.
(Amended City Record 10/12/2018, eff. 11/11/2018; amended City Record 12/9/2020, eff. 1/8/2021; amended City Record 5/11/2021, eff. 6/10/2021)