§ 68-15 Special Procedures – Summary Suspension Pending Revocation.
RCNY § 68-15
(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.
(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.
(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.
(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.
(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.
