^ SERVED: JULY 7, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

FRANK TERLIZZI 

FAA DOCKET NO. CP10SO0007 

(Civil Penalty Action) 

DMS NO. FAA-2010-0537 

ORDER TO SHOW CAUSE OF THE CHIEF ADMINISTRATIVE LAW JUDGE 

This proceeding arises from a Final Notice of Proposed Civil Penalty apparently served 

on Frank Terlizzi ("Respondent"), by the FAA's Office of Regional Counsel, Southern Region 

("Complainant"); Respondent's Request for Hearing dated May 6, 2010; and a Complaint served 

May 17, 2010, alleging violations of the Federal Aviation Regulations ("FAR") and seeking a 

civil penalty of $800.' On June 4, 2010, the undersigned administrative lav^/ judge provided the 

parties notice of his assignment to the proceedings, summarized the requirements for answering 

the Complaint or moving for appropriate relief within 30 days after service of the Complaint,^ 

and ordered both parties to file certain documents no later than July 6, 2010.'* Respondent has 

not filed a written answer or motion. For the reasons set forth below, we order Respondent to 

show cause, on or before July 27, 2010, why an order should not be entered assessing a civil penalty in the amount of $800. 

The Rules of Practice^ provide a Respondent with the opportunity to request a formal 

' Complaint para. in. 

Notice of Assignmer 

^ Order of Chief Administrative Law Judge at 1. 

" Id. at 2. 

' Part 13, Subpart G, of the Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235). 

^ Notice of Assignment of Proceedings at 1 
hearing to challenge a proposed enforcement action by the Complainant.^ Such a hearing is provided for the benefit, and at the option, of the Respondent. To preserve this opportunity, a Respondent must comply with the Rules of Practice and the Judge's orders. Those rules provide, 

inter alia, that the Respondent must file a written answer or motion within 30 days after service 

of the complaint;^ that a general denial is deemed a failure to file an answer;^ and that failure to 

file an answer without good cause is deemed an admission of each allegation in the complaint.^ 

Accordingly, IT IS ORDERED THAT— 

1. Respondent, on or before July 27, 2010, shall file and serve a response 

(a) indicating (1) why the allegations of the complaint should not be deemed admitted and an order assessing a civil penalty should not be entered against it, and (2) why Respondent should be 

permitted to late file an answer to the Complaint, and (b) attaching a proposed answer to each 

and every allegation of the complaint. 

2. Absent such a filing by Respondent on or before July 27, 2010, the allegations of 

the complaint shall be deemed admitted and the complaint shall become an order assessing a civil penalty in the amount of $800; and 

3. A copy of this order shall be sent to Respondent's Counsel by registered or certified mail at his address as shovm in the file of this case. 

SO ORDERED. 

"RrtmieA.V< 

Chief Administrativi 

Attachment - Service List 

* 5eel4C.F.R.§ 13.16(h). 

^ § 13.209(a). 

^ § 13.209(e). 

' § 13.209(f). 

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y 

FAA Docket No. CP10SO0007 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000'° 

ONE COPY 

William R. Byrne, Respondent's Counsel 

929 Massachusetts Avenue, Level #01 

Cambridge, MA 02139 

TEL: 781-856-9909 

Gerald A. Ellis, Complainant's Counsel 

Attorney, Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

'" 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 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

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