§ 68-14 Special Procedures – Fitness Revocation Hearings.
RCNY § 68-14
(a)The Chairperson will notify the Licensee to appear as a Respondent for a fitness hearing if the Chairperson believes that a Licensee is not Fit to Hold a License, for the following reasons, based upon: (1) Any act that implicates the Licensee's ability to safely interact with the public or operate a TLC licensed vehicle, including but not limited to: (A) 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; (B) Any act, as prohibited by these Rules, of bribery, fraud, material misrepresentation, theft, threat against a person, harassment, abuse, or use of physical force; (C) Any act, as prohibited by these Rules, involving the possession of a Weapon in a vehicle licensed under these Rules; (D) Driver, while driving a Licensed Vehicle, was issued a summons for or charged with one or more traffic related violations or crimes in a Serious Crash, that is, a crash in which any person has suffered Critical Injury or death; (2) Any felony conviction; (3) Any conviction of the following criminal offenses: (A) Assault in the third degree, as set forth in New York State Penal Law § 120.00; (B) Reckless endangerment in the second degree, as set forth in New York State Penal Law § 120.20; (C) Criminal obstruction of breathing, as set forth in New York State Penal Law § 121.11; (D) Sexual misconduct, as set forth in New York State Penal Law § 130.20; (E) Forcible touching, as set forth in New York State Penal Law § 130.52; (F) Sexual abuse in the third or second degree, as set forth in New York State Penal Law § 130.55 and § 130.60, respectively; (G) Promoting prostitution in the third, second, or first degree, as set forth in New York State Penal Law § 230.25, § 230.30, and § 230.32, respectively; (H) Compelling prostitution, as set forth in New York State Penal Law § 230.33; (I) Sex trafficking, as set forth in New York State Penal Law § 230.34; (J) Public lewdness, as set forth in New York State Penal Law § 245.00; (K) Endangering the welfare of a child, as set forth in New York State Penal Law § 260.10; (L) Criminal possession of a weapon in the fourth degree, as set forth in New York State Penal Law § 265.01; (M) Overdriving, torturing, and injuring animals or failing to provide proper sustenance, as set forth in New York Agriculture and Markets Law § 353; (N) Leaving the scene of an accident, as set forth in New York Vehicle and Traffic Law § 600.2; (O) Driving while ability impaired, as set forth in New York Vehicle and Traffic Law § 1192.1; (P) Operation of a motor vehicle while intoxicated, as set forth in New York Vehicle and Traffic Law § 1192.2; (Q) Operation of a motor vehicle with an illegal blood-alcohol content, as set forth in New York Vehicle and Traffic Law § 1192.3; (R) Driving while ability impaired by drugs, as set forth in New York Vehicle and Traffic Law § 1192.4. (S) Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as set forth in New York Vehicle and Traffic Law § 1192.4-a. (T) The functional equivalent of the above-referenced convictions in other jurisdictions.
(4)A failed drug test as a result of illegal drug use or failure to comply with drug testing procedures.
(b)Prior to the hearing, the Commission must notify the Respondent of the proceeding by serving a written notice specifying the reason(s) the Respondent is believed to be not Fit to Hold a License and warning the Respondent that a finding that Respondent is not Fit to Hold a License will result in License revocation.
(c)The OATH Tribunal's decision after the hearing will be a Recommended Decision.
(d)The Chairperson can accept, reject, or modify the Recommended Decision in a written decision that includes the reasons therefor. The decision of the Chairperson will constitute the final determination of the Commission.
(e)In determining whether the Licensee is not Fit to Hold a License, to the extent possible, the Chair shall not revoke the license solely by reason of the licensee having been convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character," when either such finding is based upon the fact that the individual has been convicted of one or more criminal offenses, unless: (1) There is a direct relationship between one or more of the criminal offenses and the duties of a Licensee licensed by the TLC; or (2) The continuation of licensure would pose an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
(f)In determining whether the Licensee is not Fit to Hold a License, the Chair shall be governed by applicable law, and shall further consider the following factors in his or her Decision: (1) The specific duties and responsibilities necessarily related to licensure as a Licensee licensed by the TLC.
(2)The bearing, if any, the criminal offense or offenses for which the Licensee was convicted will have on his or her fitness or ability to perform one or more of the duties or responsibilities of a Licensee licensed by the TLC.
(3)The time that has elapsed since the occurrence of the criminal offense or offenses.
(5)The number of years during which the Licensee has held his or her License and his or her overall record as a Licensee.
(6)The seriousness of the offense or offenses.
(7)Any information produced by the Licensee, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct.
(8)The legitimate interest of the Commission in protecting the safety and welfare of specific individuals, the general public, and property.
(g)The License of a Licensee who is found to be not Fit to Hold a License will be revoked. (Amended City Record 5/14/2018, eff. 6/13/2018; amended City Record 5/7/2025, eff. 6/6/2025)
