§ 5-01 Scope of this Chapter.

   This chapter applies to all charges of violations of any laws, rules and regulations enforced by the Taxi and Limousine Commission (TLC). Adjudications of such charges are conducted pursuant to the rules in 48 RCNY Chapter 6. Where there is a conflict between this chapter and Chapter 6, this chapter takes precedence. Definitions in 48 RCNY § 6-01 apply to terms used in this chapter.

(Added City Record 7/8/2016, eff. 8/7/2016)

§ 5-01a Appearances

   (a)   Appearances by Respondent. A Respondent's appearance at a hearing is timely if the Respondent appears and is ready to proceed no more than ninety (90) minutes after the scheduled hearing time.

   (b)   Appearances by Petitioner. If the Petitioner fails to appear within thirty (30) minutes of the timely appearance of the Respondent and does not make a timely request to reschedule the hearing pursuant to 48 RCNY § 6-05, the Tribunal will dismiss the summons.

   (c)   If the hearing does not begin within three (3) hours of the timely appearance of both the Respondent and the Petitioner, the Tribunal will dismiss the summons without prejudice.

(Added City Record 6/19/2019, eff. 7/19/2019)

§ 5-02 Respondent's Right to Confront Complaining Witness

   (a)   Pursuant to Administrative Code § 19-506.1, the TLC must produce the complaining witness in person or by remote means where such witness's credibility is relevant to the summons being adjudicated.

   (b)   If the TLC is unable to produce the witness in person or by videoconference or teleconference, it must provide the Hearing Officer with a statement outlining its efforts to produce the witness. If the Hearing Officer determines that the TLC's efforts were inadequate, the Hearing Officer will dismiss the summons.

   (c)   If the Respondent previously requested an adjournment to obtain the testimony of the complaining witness, the non-attendance of the complaining witness, either in person or by remote means, will be considered a failure by the TLC to produce a complaining witness under paragraph (b) and may be grounds for the Hearing Officer to dismiss the summons.

(Added City Record 7/8/2016, eff. 8/7/2016; amended City Record 10/13/2021, eff. 10/13/2021)