SERVED: June 19, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

Docket No. F AA-20 14-1119 

SELECT AVIATION SERVICES, INC. 

Respondent 

Case No. 2013NM130007 

ORDER SETTING DEADLINE FOR THE RESPONDENT 

TO SHOW CAUSE AND TO FILE AN ANSWER, 

AND GRANTING/RESERVING OTHER RELIEF 

On January 14, 2015 the Respondent, Select Aviation Services, Inc, filed with the FAA's 

Hearing Docket a one-page Request for Hearing. 

On January 22, 2015 and on, the FAA asserts that it served the Respondent's attorney 

with a .January 22,2015 Complaint by certified mail delivery. That same day, on January 22, 

2015, the FAA filed a copy ofthe Complaint with the Office of Hearings ("OH"). Four days 

later, on January 26, 2015, the FAA asserts that the Respondent lay representative was also 

served with the FAA's Complaint by certified mail delivery. 

On February 10, 2015 a Notice of Assignment of Proceeding was filed, which assigned 

· this case to the undersigned. 

On April 6, 2015 an Order Setting a Rule 16 Litigation Scheduling Conference, and 

Directing the Parties to Confer and File A Rule 26(f) Proposed Discovery Plan was filed. 

On May 21,2015 the Respondent's attorney filed a Notice of Withdrawal. 

On June 10,2015 the FAA filed a one-page Letter, dated June 9, 2015, in which it stated 

that it had been unable to reach the pro se Respondent in order to confer and prepare a Rule 26(f) 

Proposed Discovery Plan, pursuant to the April 6, 2015 Order. The FAA also noted that it was 

filing a Motion for Decision in the proceeding. 
On June 16, 2015 the FAA appeared for the Rule 16 Litigation Scheduling Conference. 

The pro se Respondent did not appear, and there was no explanation for its absence. During the 

Conference, the FAA stated that it would be correcting certain errors its Motion, and submitting 

a Renewed Motion for Decision within the week. 

The next day, on June 17, 2015, the FAA filed a Renewed Motion for Decision 

("Motion"). 

Brief Discussion 

In FAA civil penalty proceedings, the FAA's Rules ofPractice require that a respondent 

file an answer to a complaint within 30 days of service of the complaint. 1 14 C.P.R. § 13.209(a). 

In its March 6, 2015 Motion, the FAA asserts that the prose Respondent, Select Aviation 

Services, Inc., has failed to file a timely Answer to the FAA's January 22, 2015 Complaint, 

pursuant to the thirty-day time deadline in 14 C.P.R.§ 13.209(a). As a result, the FAA asserts 

that each allegation in the Complaint (i.e., Sections I, II, and III) should be deemed uncontested 

and admitted, pursuant to 14 C.F.R. § 13.209(f). In essence, the FAA seeks a default finding and 

judgment on its Complaint, because of the Respondent's failure to answer. 

In its January 22, 2015 Complaint, the FAA alleges that the Respondent performed 

maintenance on a helicopter, on or about October 23, 2012, which did not comply with the 

applicable military maintenance manual for the helicopter's engine. The FAA alleges that this 

maintenance violated four ( 4) safety regulations. The FAA proposes a civil penalty of $18,425 

for the alleged violations in its Complaint. 

Pursuant to 14 C.P.R.§ 13.209(f), a responding party who has not filed a timely answer 

to a Complaint may avoid a default finding by presenting good cause reasons (if any) for the 

failure to file a timely Answer. The Respondent should be given an opportunity to respond to the 

FAA's June 17, 2015 Motion, and to state what reason(s), if any, there are for its failure to file a 

timely Answer and comply with the FAA's Rules of Practice. As part of this good cause 

Response, the Respondent should also include an Answer. 

1 When the complaint is served by U.S. Mail. the Respondent is given an additional (5) five days to respond. 14 

C.F.R. § 13.209(e). 

Page 2 of 4 
Conclusion 

Pursuant to 14 C.F.R. §§ 13.205(a), 13.209, 13.218, and Fed. R. Civ. P. 8, and after 

reviewing all pleadings and documents, as well as all relevant caselaw, decisions, regulations, 

statutory authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. On or before July 3, 2015, the prose Respondent may file a written Response to the FAA's 

June 17, 2015 Motion for Decision.· In this Response, the Respondent should specifically 

state any facts or reason(s) why it did not file a timely Answer to the Complaint. The 

Respondent should also provide reasons (if any) why the Complaint should not be accepted 

as timely filed. 

2. On or before July 3, 2015, the prose Respondent may file a written Answer to the 

Complaint. This Answer should specifically respond to each allegation in the Complaint, and 

specifically identify each affirmative defense (if any) the Respondent intends to assert at the 

hearing. 

3. The Respondent shall attach a Certificate of Service, as described by 14 C.F.R. § 13.2ll(c), 

to any documents it files with this Co mi. The Certificate of Service shall affirm that the 

Respondent has also served a copy of the documents upon the FAA attorney, as well as an 

original and one copy upon the FAA Hearing Docket, pursuant to 14 C.F.R. §§ 13.209(b) and 

13.210. A copy of a Certificate ofService is attached to this Order, and shows all the 

addressees and their addresses. 

4. To ensure prompt delivery of documents to this Court, the Respondent should also fax, on or 

before July 3, 2015, a courtesy copy of its filed documents to Judge Sullivan (fax no. 2021-

366-7536) 

5. Ifthe Respondent fails, on or before July 3, 2015, to file a written Response to the FAA's 

June 17, 2015 Motion, and fails to file a written Answer to the Complaint, the Respondent 

may be deemed to be in default. 

6. Pursuant to 14 C.F.R. § 13.209(f) and Fed. R. Civ. P. 55, ifthe Respondent is deemed to be 

in default, the allegations in the Complaint may be deemed admitted, and the FAA's June 

17, 2015 Motion may be granted, in all or in part, without further notice to the parties, and · 

without fmiher conference or hearing. 

7. The FAA's June 17,2015 Motion is reserved until after July 3, 2015. 

Page 3 of 3 
8. Ifeither the FAA or the Respondent has questions regarding the procedures contained in this 

Order, they may contact Mr. Cody Smith, Attorney-Advisor at the Office of Hearings (202-

366-6941). 

Attachment: Service List 

Page 4 of 4 
SERVICE LIST- BY lJ.S. MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ORIGINAL & ONE COPY 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 1 

Mr. Robert Spitzer 

Complainant's Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Ave., S.W. 

Renton, W A 98057 

TEL: 425-227-1417 

FAX: 425-227-1007 

Select Aviation Services, Inc., 

Respondent 

ONE COPY 

c/o Mr. Fred Hodgdon 

1004 Eastside Highway 

P.O. Box 430 

Corvallis, MT 59828 

TEL: 406-961-41 00 

FAX: 406-961-41 01 

Judge J.E. Suliivan 

U.S. Adm.inistrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

-----.. ··---

Docket No. FAA-2014-1119 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WJOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.