SERVED: APRIL 22, 2011 

-^RTMENT OF 

:OJ^!3POR]A[ION 

U.S. DEPARTMENT OF TRANSPORTATION :\E i OPrRATIONS 

OFFICE OF HEARINGS 

WASHINGTON, DC m\ /,PB 2"^ A ^r S 

IN THE MATTER OF 

EMPIRE FLIGHT ACADEMY 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0290 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

This proceeding arises from a complaint served April 8, 2011, alleging violation of the 

Federal Aviation Act/Regulations, and Respondent's request for hearing dated March 29, 2011. 

The undersigned administrative law judge was assigned to this proceeding by Notice served 

April 22, 2011. 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235 (2010)). Those rules provide, inter alia, 

that Respondent must file a written answer or motion within 30 days after service of the complaint (§ 13.209(a)); that a general denial is deemed a failure to file an answer (§ 13.209(e)); that 

failure to file an answer without good cause is deemed an admission of each allegation in the 

complaint (§ 13.209(f)); and that a party seeking an extension of time must file a written motion 

at least seven days before the document is due, absent agreement of the parties or good cause 

shown (§ 13.213(a), (b)). 

To expedite the hearing in this matter, Complainant and Respondent, on or before May 

V. 
 -- • ««f^  

. ^^'ii 

23,2011, shall file (1) any amendment of Ihj^,^ 

proposed procedural schedules, including 

bers or days before the hearing) for (a) filing 

^fl^wer;' (2) an agreed or separate 

IK 

^'J^,e., specific dates, not m^ely n\imH, * list of witnesses, a stmunary of their 

proposed testimony, and for (b) exchangingi^liPw ipi^iscovery, if any; (3) a sWtetoent concerning the status of settlement efforts; and|||i |^^W<id1il0iuing site and, absent agreement of 

the parties, a justification of the proposed 41^1^ ^^^ii^.feF^ § 13.217. 

fal^ij^eis governing these jproceedings, 

IB®' possibility of settldiient and coml^\. 

Under FAA Order 2150.3B (Oct. 1,^ 

Complainant and Respondent should contijSfipfeW| 

promise of this matter.'^ In connection witi||HH||^Rtti' ^ parties sfaOttld lidte <bat FAA 

Order 2150.3B, which establishes standards fi^rti^^Oi^^l^^ant's conduct and s^lanent of this 

proceeding, is available on the Internet.^ Se§, it|^[^tilar, diapter 6 (Legal Enfdifeahent Actions and Legal Counsel Responsibilities); eesll'#ipft#.A^p<mdix B (Table of S#cti6ns), pages 

B-1—B8 (Part One - Abbreviations and De!9i9|l»i^j.yidl Ihose portions of Part T#o - Sanction 

Guidance Tables, which apply to particular sB^i^^l^-^p^ itnrolving hazardous nial^als; or 

(b) Appendix C, which pertains to hazardov 

r:4m?i»>b'?, •! 

g. Upon request of R«|^jident, 

Complainant shall provide Respondent a copy df ^Ig^^^l e referenced provisi§iis. 

' Fuither amendments are not anticipated abseqt 

amendments at any time more llian 15 days before a 

tion for a hearing and could prevent any hearing at ai 

§ I3.2^1(a). An amendment that might be filed 15 

wluch to Fq)ly (§ 13.214(c)), and could generate a i 

(§43.220)^ necessitating a pos^nranent of the 

^ See Linda Joyce Goodman, FAA Docket No. 

1989), available at www.regulations.gov (cqncli 

ment and that the Rules do not permit the Chief Coi 

in civil penalty cases generally so as to deny proseci 

the agency attorney as defined in the rules"). See Oi 

which refers to facilitating the just and efficient 

and directs Federal agencies and their litigation coi 

dilute in litigation, and throughout the litigation, 

to setde the litigation." See also FAA Order 2150.36' 

' Accessed at http://rgl.faa.gov by selecting 

"2150.3B 10/01/2007 FAA Compliance and Enfon 

^ 14.C.F.R. §;l3^i|p(J^P(amits 

"^vision would fir^ll^^rdla'ly preparamust be givenj50'i(^^ ij^{u}vance. 

^'^tie the 6t^i^^^i^l o :K) days in 

, motions (§ 13^^ , ibd discovery 

iinm^^iM^fr 

; FAA-2004-18292,|p^liiy 30, 

1 or decisionini^^fgpms case or 

to settlement ai^npiomise to 

, 61 Fed. m^!$^l^^m&)i- ^ •••: 

living the Umte4^j|||p||^yernment 

ies(S^ asic^^^^^^^mf^e of a 

«9>^ities and nuittl^^^l e efforts 

i!0»fent Otdep; fey Nun^tS9^" Aen 

' "^linchidedt' 

- 2-

lfe&.i,. 
Submissions sent to the street address of the U.S. Department of Transportation, Office of 

Hearings, by regular mail may be delayed up to four weeks due to postal screening, and may be 

"irradiated," which may result in pages being fused together. Accordingly, parties who serve 

submissions on the Judge by regular mail should also fax, express carrier, or personally deliver 

those submissions. A certificate of service, reflecting the above caption, the title of the submission, and the date and manner of service, shall be attached to each individual submission. 

Compromise may be effected with or without a finding of violation (§ 13.16(n)). Each 

party's filing shall include a telephone number where the party can be reached by the Judge for 

prehearing telephone conferences. 

SO ORDERED. 

Ronnie A. Yoder 

Chief Administrative Law. 
* ',^J^'i'|'^x'• s 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AG9|43i 

Wilbur Wright BuildingGregory S. Winton, Respondent's Counsel "^ ^*'''''V'*i'%3i, :.iM 

The Aviation Law Firm 

One Research Court, Suite 450 

Rockville MD 20850 

TEL: 301-294-8550 

FAX: 301-294-2525 

FDMS No.„%;^^011-0290 

(Civil Pensify ^Altion) 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-533-5699 

4 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El 2-320 

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 pei 

Aviation Administration, 600 Independence Avenue, _ , 

DC 20591; Attention: Hearing Docket Clerk, AGC-^ ' 

, use the following i 

iipding—Suife 2W1C 

v. 

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