Taxi & Limousine Commission (TLC) V

Taxi and Limousine Commission v. Itzhak Boyom, Lic. No. 5171938

Taxi and Limousine Commission v. Itzhak Boyom, Lic. No. 5171938

DECISION

The appeal of Itzhak Boyom (the “respondent”) is granted.

The decision of the Administrative Law Judge (“ALJ”) is reversed. This matter may be scheduled for a new hearing.

BACKGROUND

On January 10, 2012 2011, the respondent appealed ALJ Gerard Schriffen’s decision dated January 10, 2012. In that decision, the ALJ found that the respondent violated Rule 55-11C[1] stated in summons number 1408791A.

The ALJ’s decision states that he found that the respondent violated Rule 55-11C by operating an unlicensed vehicle to drop off at LaGuardia airport a passenger he had picked up in Queens.

On appeal, the respondent argues that the Commission did not make out a prima facie case because payment never was shown and anyone can drop off a passenger in a private car.

The Taxi and Limousine Commission (the “Commission”) did not submit a response to the respondent’s appeal.

ANALYSIS

The ALJ’s decision must be reversed.

Here, the audio recording reveals that the ALJ did not swear in the inspector or the respondent. Where the ALJ failed to administer an oath or affirmation to the complaining witness and the error was not corrected at the hearing, the ALJ’s decision must be reversed and a new hearing permitted (Taxi & Limousine Commission v. Toborok Ali, Lic. No. 501678 [March 29, 2011].

Dated: February 1, 2012

OATH Taxi and Limousine Appeals Unit

By: Karen Hutson

Administrative Law Judge

c: Kenneth Lawrence, Industry Representative

Printed on paper containing 30% post-consumer material.

[1] Driver must operate for hire only a vehicle that has a Valid Commission For-Hire Vehicle License.