§ 68-16 Special Procedures – Summary Suspension Pending Compliance.
RCNY § 68-16
(a)Summary Suspension. If the Chairperson finds that the Licensee is not in compliance with a rule in this title that provides for "summary suspension until compliance," the Licensee's TLC-issued License can be summarily suspended until compliance pending an opportunity to be heard.
(b)Notice to Licensee. The Commission will send a notice to the Licensee (Respondent) by personal service or by USPS first class mail to the Respondent's current Mailing Address with the following information: (1) That the Respondent's TLC-issued License is being suspended for a violation of the Commission's rules or applicable provision of the Administrative Code.
(2)A description of the nature of the violation.
(3)That the Respondent's License will be suspended: (A) Immediately upon service of the notice if made by personal service; or (B) Five days from the date of the mailing if the notice was sent by USPS first class mail to the Respondent's current Mailing Address.
(4)That the Respondent has the right to an expedited hearing at the OATH Tribunal by following the instructions contained in the notice and responding: (A) Within 10 calendar days from receiving the notice, if notice was given by personal service; or (B) Within 15 calendar days from the mailing of the notice of suspension, if the notice was mailed.
(c)Respondent's Right to Expedited Hearing.
(1)Except as set forth in subdivision (d) of this section, any Licensee whose License has been summarily suspended is entitled to an expedited hearing at the OATH Tribunal, provided the Licensee or Respondent requests an expedited hearing by notifying the Commission (A) within 10 calendar days from receiving the notice referred to in subdivision (b) of this section, if notice was given by personal service, or (B) within 15 calendar days from the mailing of the notice of suspension, if the notice was mailed.
(5)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.
(6)Failure to Request an Expedited Hearing on the Suspension. If a Respondent does not request an expedited Hearing within the time specified in paragraph (1) of this subdivision, then all of the following apply: (A) The Respondent is deemed to have waived the opportunity to be heard on an expedited basis. (B) 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. (C) The Summary Suspension will be continued until lifted by the OATH ALJ in the hearing on the underlying violation or until the Licensee furnishes proof of compliance satisfactory to the Chairperson.
(d)Respondent's Right to be Heard Through Written Documentation.
(e)Continuation of a Suspension. The TLC will reinstate the License of any Licenses suspended under this section after the Licensee pays all fines assessed and complies with the underlying Commission rule or Administrative Code provision to the satisfaction of the Chairperson or his or her designee. (Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 10/12/2018, eff. 11/11/2018)
