A hearing is a proceeding for you to challenge a Notice of Violation before an impartial Hearing Officer. You have the right to a hearing even if you received a Notice of Warning and do not owe a fine.
How to have a hearing
You can have a hearing by mail, by email, or in person.
The hearing date indicated on your Notice of Violation is the last day to have a hearing. Please contact TAB to request a new hearing date. Your request for a new hearing date must be received on or before your original hearing date.
If you fail to respond by the hearing date, then you will forfeit your right to dispute the violation.
Hearings by mail or email
To have a hearing by mail or email, send in the Hearing by Mail or Email form to TAB before your hearing date. TAB must receive your form on or before your hearing date. TAB is not responsible for postal delays.
A hearing officer will review the document and any evidence you submit. For fare evasion violations, you can include information about the fare payment method you claim you used.
If you were unable to pay a Select Bus Service fare at the curbside kiosk before you got on the bus, fill out an SBS Outage form and include it with your form.
Whether you email or mail the form, TAB will send the Hearing Officer’s decision by mail. Check your mailing address to see if it is correct, and update your address if it is not.
Hearings in person
You may appear in person between 8:30 a.m. and 2:30 p.m. any business day on or before your hearing date.
For more information on what to expect at a hearing, view the TAB hearing guidelines.
What to bring to your hearing
For all violations:
- Your Notice of Violation
- Photo ID
- Your parent or legal guardian, if you are under age 18
- All evidence and witnesses you want to present to support your defense
- You do not need an attorney, but you may use one at your own expense.
For fare evasion violations:
- If you claim that you used a contactless card or device to tap to pay your fare, the OMNY Transit Account Number (TAN) is required to verify your payment. Bank statements and photos cannot be verified without the OMNY TAN. Follow the instructions below to find your OMNY TAN as you prepare to visit TAB.
- You may bring the MetroCard, OMNY card, or contactless card or device you claim was used to gain access to the bus or subway
- If you were unable to pay a Select Bus Service fare at the curbside kiosk before you got on the bus, you may fill out an SBS Outage form and bring it with you
How to find your OMNY Transit Account Number
You can find the TAN associated with your contactless payment method by calling OMNY customer service, or by creating an online OMNY account.
- By phone: Call OMNY Customer Service at (877) 789-6669. Representatives are available Monday to Friday from 8:00 AM to 5:00 PM. When prompted for a credit card number, press “0” to be transferred to a representative. They will ask your card number and expiration date of the card you claim you used to travel. The representative will provide you with your Transit Account Number.
- Online: visit omny.info to create an OMNY account with a valid email address. Add the credit card information for the contactless card or payment method you claim you used used, and the Transit Account Number will appear in your “Wallet” on the website.
If you claim that you used a contactless card or device to tap to pay your fare, the OMNY Transit Account Number (TAN) is required to verify your payment. Bank statements and photos cannot be verified without the OMNY TAN.
What happens at an in-person hearing
Be sure to bring any documents or witnesses to support your case. When you arrive, check in at the reception area. Wait for your name to be called and you will be directed into a hearing room. If you brought witnesses with you, they should go with you into the hearing room.
Recording devices are not allowed in the hearing rooms. All cell phones must be turned off.
At the hearing, you and any witnesses, and the issuing officer, if they are present, will be under oath.
All hearings are recorded. The Hearing Officer will introduce themselves and will explain how things will be done. If the issuing officer is present, they will speak. If the issuing officer is not present, and the Hearing Officer decides during your hearing that testimony from the issuing officer is necessary, your hearing will be adjourned and rescheduled. You will have a chance to state your case.
You are allowed to ask questions. You can ask the Hearing Officer to consider evidence or a witness's testimony. When everyone is finished, the Hearing Officer will end the hearing. If the violation is upheld, then you must pay the applicable fine.
For more information on what to expect at a hearing, view the TAB hearing guidelines.
What to expect after a hearing
If the Notice of Violation is upheld, then you must pay the fine by the hearing date listed on the Notice of Violation. See more information about how to pay a fine.
If the case is dismissed, then you do not need to pay the fine.
You have 30 days to appeal the hearing officer’s decision.
Applying to reopen your case if your hearing date has passed
If the hearing date has passed and you are in default, you may still be eligible to have a hearing if you demonstrate good cause for why you didn’t respond to the Notice of Violation and any default notices promptly. To apply to reopen the case, complete the Request to Stay Entry of Default Judgement/Vacate Default Judgment form. If your request to reopen the case is not granted, then you will not be entitled to a hearing and must pay fines and all penalties in full