SERVED: FEBRUARY 7, 2012 

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U.S. DEPARTMENT OF TR7\NSP0RTATI0N 

OFFICE OF HEARINGS 

WASHINGTON-DC 

IN THE MATTER OF 

CHARLES J. DALTON 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Case) 

FDMS No. FAA-2011-0681 

ORDER TO SHOW CAUSE 

The Federal Aviation Administration ("Complainant") has tiled a Motion for 

Decision ("Motion") dated January 17, 2012. The basis for the Motion is Complainant's 

assertion that Charles J. Dalton ("Respondent") has failed to llle an answer to the 

Complaint. A failure to answer the Complaint in a timely fashion can, under the Rules of 

Practice applicable in these.proceedings, result in a fmding that the Complajnl's 

allcgaljons are true and, further, that the Complainant must prevail in the case.' 

Respondent has not answered the Motion. 

The Rules of Practice for this proceeding are sel forth in 14 C.F.R. Part 13, Subpart G, of the Federal 

Aviation Regulations. They provide that Respondent must file a wTitten Answer or motion within thirty 

(30) days after service of the Complaint (14 C.F.R. § 13.209(a)) and that failure to t1le an Answer without 

good cause is deemed an admission of each allegation in the Complaint (§13.209(0). 

More specifically, 14 C.F.R. § 13.209 (e) stales: 

A person filing an answer shall admit, deny, or state that the person is without sufficient 

knowledge or information to admit or deny, each numbered paragraph of the complaint. Any statement or 

allegation contained in the complaint that is not specifically denied in the answer may be deemed an 

admission of the truth of that allegation. A general denial of the complaint is deemed a failure to file an 

answer. 
Respondent will have one more oppoilunity to file an answer to the Complaint, or 

risk sanctions. 

WHEREFORE, it is ORDERED as follows; 

1. On or before February 24, 2012. Respondent shall file a response to this 

Order stating why the relief requested in CoinplainanFs Motion should not be granted; 

2. On or before February 24, 2012, Respondent shall file an Answer to the 

Complaint; 

3. On or before February 24, 2012, Respondent shall fully comply with our 

Procedural Order dated December 22, 2011; and 

4. Absent full and complete responses to Ordering paragraphs 1, 2 and 3, 

Respondent may be sanctioned, including, but not liiiiited to, allegations in the Complaint 

may be deemed admitted; Respondent may be precluded from introducing any evidence 

at the hearing other than personal testimony; Respondent's Request for Hearing may be 

dismissed; and/or a Default Judgment may be entered against Respondent in the full 

amount of the fine requested by the Complainant in its Complaint. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachjiienl - Service List 
FDMS No FAA-2011-068 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Charles J. Dalton, ResponJenf 

4132 WilliwawDr. 

Irvine, CA 92620 

Stephen W. Brice, Complaimuu's Counsel 

Attorney, Office of Regional Counsel 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3268 

FAX: 718-995-5699 

The Honorable Richard C. Goodwin, Adminislrafive Lmv Judge 

Office of Hearings, M-20 

LI.S. Department of Transportation 

1200 New Jersey Avenue, S.E 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Ser\'icc was by U.S. Mail. For ser\'ice in person or by expedited courier, use tlie following address: 

Federal Aviation Administration. GOO Independence Avenue. S.W., Wilbur Wright Building—Suite 

2WI000, Washington. DC 20591: Attention: Hearing Docket Clerk, AGC-4.10. 

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