U.S. Department of Transportation Federal Aviation Administration In Reply

Refer to: AGL-7B 

# RECEIVED AUG - 82014 

## HEARING DOCKET Great Lakes Region 2300 E. Devon Ave. Des Plaines, IL 60018

Area Code 847/294-7862
FIRST CLASS MAIL August I, 2014 HearingDocket, FederalAviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attn: HearingDocket Clerk Re: John Alan Davis FAACaseNo.: 2013-GL-13-0038 Enclosedherewithplease find a copy ofthe Respondent's Request for Hearing, dated July 14,2014, which wasreceivedby our office on July 16,2014. Also, please find enclosedthe original and one copy ofthe Complaint inthe above-referencedproceedings. TheFAArequests thatthe hearings in these matterbe held in Milwaukee, WI, and expects that the hearingwill lastone day. Please address all communications for the FAAto the undersigned at: Kate Barber, Attorney Federal Aviation Administration, AGL-7 2300 EastDevon Avenue Des Plaines, IL 60018-4696 Phone (847) 294-7862 Fax (847) 294-7498 Email kate.barber@faa.gov**Sinc~_rely,** . 1 'I \... (' I! 

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### '·v· .-. h l t V"· ./ \ ',V\.. KateBarber AttorneyEnclosures: Request for Hearing Complaint
cc: Respondent (w/copy ofComplaint)CERTIFICATE OF SERVICE
Ihereby certifythat Ihave, this date, servedthe foregoing Complaint by mailing copies, as indicated below, viaFirstClassMail, tothe following: Original and one copyto:

One copyto:

Datedthis 1stday ofAugust, 2014.

Tammy Gardner Legal Technician FAA, GreatLakes Region Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: HearingDocket Clerk AGC-430, WilberWright Building Suite 2Wl000

JohnAllen Davis 12052 116'h St. ChippewaFalls, 

### WI 54729U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

# RECEIVED

--------------------------------------------- IN THE MATTER OF John Alan Davis FAA DOCKET NO. (not assigned) (Civil Penalty Action) 

## AUG - 82014 

## HEARING DOCKET
DMS NO. (not assigned) FAA CASE NO. 2013-GL-13-0038

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows:
I 1. On July 2, 2014, Respondent was advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $2,200. submitted a written request for a hearing On July 14, 2014, Respondent

2. At all times relevant hereto, Respondent was owner of a Taylorcraft BL-65 aircraft, registered as N23683. 3. On or about September 8, 2013, N23683 crashed.
4. As a result of this aircraft accident, FAA safety inspectors from the Milwaukee Flight Standards District Office conducted an investigation into the airworthiness of N23683.2 

### 5. During the investigation, it was discovered that maintenance was done on N23683 and the required entries were not made in the aircraft maintenance records. 6. The aircraft maintenance records did not contain the maintenance entries for the following maintenance that had been performed on N23683: a. The removal of the ELT. b. Installation of a baggage liner to the aircraft. c. The adjustment of the carburetor heat linkage. d. Installation of a GPS above the dash of the aircraft. 7. Respondent did not ensure that maintenance personnel made appropriate entries in the aircraft log book nor did you keep the required aircraft records.
II 

### By reason of the foregoing facts and circumstances, Respondent violated Section(s) 91.405(b) and 91.417 of the Federal Aviation Regulations. 1. 

### Pursuant to Title 49 of the United States Code, Section 46301 (49 U.S.C. §46301), Respondent is subject to a civil penalty not to exceed $1,100 for each violation alleged. 2. Under the facts and circumstances of this case, a civil penalty of $2,200 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an Order that Respondent be assessed a civil penalty in the amount of $2,200.Respectfully submitted this lst day of August, 2014.

Kat· BarlSer Attorney Federal Aviation Administration Great Lakes Region, AGL-7 2300 East Devon Avenue Des Plaines, IL 60018 (847) 294-7313 FAX: (847) 294-7498 3I hereby certify that the foregoing Complaint has been mailed this date by Certified Mail, Return Receipt Requested, to: Original and One Copy:

One Copy: Hearing Docket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Attn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2W1000

John Alan Davis 12052 116th Street Chippewa Falls, Wisconsin 54729

Dated this 1st day of August, 2014.
Tammy Gardner Legal Technician FAA Great Lakes 

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# /' 1-learingDockBt 

## EA. A. dear clerk, johna, davig 12052116th c. f. wi 

## 54729
iamrequmliing a hearingfor myfinal notice ofthecivilpenalty. reference AGL-78 2013-GL-13-0038 ···**·~.** 

### johna. davi& 

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