Petitioner taxicab driver was found to have overcharged passengers on three occasions. Nonetheless he was only adjudicated once as having done so. The Appellate Division, first Department found that the driver had failed to exhaust his administrative remedies because despite multiple overcharging incidents he had only been adjudicated one time is having overcharged. The regulation 35 RC NY 54 – 02 (e) states that the taxi and limousine commission “shall revoke” when there are three findings by the TLC of overcharging. Since this was a discretionary revocation case the driver was required to file an internal appeal to the Commission prior to filing and Article 78 suit.
The court also found that there was substantial evidence in the record that respondent taxicab driver had a specific intent to overcharge riders.
Read about this TLC Article 78 Case.