§ 68-03 Definitions Specific to this Chapter.
RCNY § 68-03
(a)Appeal is the request for review of a decision of a Hearing Officer.
(b)Appeals Unit is a unit within the Taxi and Limousine Tribunal at OATH responsible for deciding cases on Appeal, who do not hear cases in the first instance.
(c)Default is a decision against a Respondent after a Respondent fails to appear for a hearing, enter a plea, or make a request to reschedule as required by 48 RCNY Chapter 5.
(d)Discretionary Revocation is the imposition of the penalty of revocation when a Rule does not specify that revocation must be imposed (for example, when "revocation" follows "or" or "and/or" in a penalty box); Discretionary Revocation can be sought by the Chairperson for any Rule violation, if the Chairperson determines that the continued licensure of the Respondent presents a threat to public health, safety, or welfare.
(e)Final Decision is the decision of the Hearing Officer at the Taxi and Limousine Tribunal at OATH and is subject to the appeals process provided for in 48 RCNY Chapter 5 and the Chairperson review process provided for in 35 RCNY § 68-12.
(f)Hearing Officer is a person designated by the Chief Administrative Law Judge of OATH, or his or her designee, to carry out the adjudicatory powers, duties, and responsibilities of the Taxi and Limousine Tribunal.
(g)Mandatory Revocation is the imposition of the penalty of revocation when a Rule specifies that revocation must be imposed.
(h)Notice of Seizure is a document served upon and mailed to an owner of a vehicle that has been seized and removed to a secure facility.
(i)OATH is the New York City Office of Administrative Trials and Hearings.
(j)OATH Administrative Law Judge is a person designated by the Chief Administrative Law Judge of OATH, or his or her designee, pursuant to Section 1049(1)(a) of the Charter, to carry out the adjudicatory powers, duties and responsibilities of the OATH Tribunal.
(k)OATH Tribunal is the New York City Office of Administrative Trials and Hearings tribunal established by Section 1048(1) of the Charter and 48 RCNY Chapter 1.
(l)Recommended Decision. A Recommended Decision is a decision made by an OATH ALJ following a hearing that must be reviewed by the Chairperson, either in its entirety or for the appropriateness of the penalty being imposed, before it becomes final.
(m)Respondent is an individual or Business Entity who has been noticed and charged with a violation of one or more of these Rules or the Administrative Code, or with being not Fit to Hold a License. (Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 2/2/2023, eff. 3/4/2023)
