(a) Summary suspension based on a failure to be timely tested for drug use. When the TLC submits to the Tribunal written documentation pursuant to 35 RCNY § 68-16(d) submitted by a Licensee, as defined in 35 RCNY § 51-03, refuting summary suspension based on a failure to be timely tested for drug use, the Tribunal will issue a decision based on the written documentation. The decision will include findings of fact and conclusions of law. The decision may be appealed in accordance with the process established in 48 RCNY § 6-19.
(b) Unlicensed activity. Pursuant to § 19-529.2 of the Administrative Code, a decision on unlicensed activity with a commuter van will be issued within one (1) business day of the conclusion of the hearing or the default.
(c) Discretion of Hearing Officers to reduce penalties.
(1) A Hearing Officer may, in the interest of justice, impose a reduced penalty for a violation, except for a violation of § 19-507 of the Administrative Code, after determining that such reduction in penalty is appropriate on the ground that one or more compelling considerations or circumstances clearly demonstrates that imposing such penalty would constitute or result in injustice. In determining whether such compelling consideration or circumstance exists, the Hearing Officer must, to the extent applicable, consider, individually and collectively, the following factors:
(i) The seriousness and circumstances of the violation;
(ii) The extent of harm caused by the violation;
(iii) The evidence supporting or refuting the violation charged, whether admissible or inadmissible at a hearing;
(iv) The history, character, and condition of the Respondent;
(v) The effect of imposing upon the Respondent the penalty set by the TLC;
(vi) The impact of a penalty reduction on the safety or welfare of the community;
(vii) The impact of a penalty reduction on public confidence in the TLC, the Tribunal, and the implementation of laws by the City;
(viii) The position of the Petitioner regarding the proposed fine reduction with reference to the specific circumstances of the Respondent and the violation charged; and
(ix) Any other relevant fact indicating whether a decision to impose the penalty set by the TLC on the Respondent would serve a useful purpose.
(2) Upon determining that a penalty should be reduced, the Hearing Officer will set forth in the decision the monetary penalty, if any, to be imposed on the Respondent, the amount of the reduction, and the reasons for such reduction.
(3) Within twenty (20) business days of receipt of the Hearing Officer's decision, the TLC Chairperson or the Chairperson's designee may, upon determining that such decision is not in the interest of justice, pursuant to the factors set forth in Paragraph (1) of this subdivision, re-impose the full penalty demanded by the TLC or increase the penalty imposed by the Hearing Officer.
(Added City Record 7/8/2016, eff. 8/7/2016; amended City Record 6/19/2019, eff. 7/19/2019)