-~ ,-~ 

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RECEIVED 

"~l~ JAN 1 3 2810

~~ ~ HEARING DOCKET 

U$. Department We$tem·Pacific Region P.O. Box 92007 

of Transportation Office of the Regional Counsel Los Angeles, CA 90009-2007 

F~eral Aviation Telephone: (310) 725-7117 

Administration Facsimile: (310) 725-6816 DEC 30 2009 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 en 

Attn; nearing Docket Clerk, AGC-430 .. riO \.rJ Pobe> l /()CI0 ~ O{){~ Wilbur Wright Building·· Suite 2WIOOO ''1 -,'~ 

Rc: In the Matter of Bud Fiske Raymond; Case No. 2009WP210026 

Enclosed is a copy of a request for hearing postmarked December 18, 2009, and the orlginal 

and one copy ofthe Complaint in the abovc~referenced proceeding. 

I request that the hearing in this matter be held in the Los Angeles. California ar~a, and 

expect that the-bearing will last one (1) day,- ' . 

PI ease address all communications for the Regional Counsel of the Western-Pacific Region, 

to the undersigned. at: Office ofthe Regional Counsel, A WP-7, F ederai Aviation 

Adm~nistration, We~lem-Pacific Region, P.,O. Box 92007, Los Angeles, CA 90009-2007~ 

Telephone: (310) 725~7117, FAX: (310) 725-6816. ' 

Sincerely. 

NAOMI TSUDA 

Regional Counsel 

.j' " , . \ . Enclosur~s,:. R:equest for Hearing; Complaint'; tertificate of Service • j J • • • ~ ~ • ", 	 'r 

• , ~ • \. ., • ' ~'.' ' I , ,I , ~ • 	 '''. 

NOTE TO RES"OND~~T: SECTION .1~'.209 OF THE CP RULES-Qt"PRACTICE 

REQUIRE THAT A WRITTEN ANSWER. TO THE COMPLAINT BE"PILED NOT 

. LATER Tl-IAl'l30 PAY;S AFT:PR SERVICE OF THE COMPLAINT. AS AN 

ALTERNArrVE TO FlUNG. AN ANSWE~, AMOTION MAYBE FILED PURSUANT 

TO SECTION 13.208(D) OR SECTION '1 'f21'8(F)( I :4) OP-THE Rtn.R'S' 0F'PRAcnCE. 

~ .. ... ., , , " : ('.. '!:.. :~ , . ,1 ••f\ : \ t f. • ~',:. I ~; 

(J. 	 A 

,; .1 I" -,. t \ ~ • ~ wo' r I •••, I j.,;,\ • j .' 
--

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Arthur Wasserman, Esq., 22677 

LAW OFFICE OF ARTHO~ WASSERMAN 

16380 Roscoe Blvd., Suite 120 

Van Nuys, California 91406-1221 

Telephone: (818) 895-8234 

Facsimile: (818) 895-0675 

Attorney for Respondent, 

Bud Fiske Raymond 

US DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARI~ . WASHINGTON, D,C. 

Administrator ) I 

Federal Aviation Administration, ) CASE NO. 2009WP210026 

) 

Complainant, 	 ) 

) 

vs. 	 )

) RESPONDENT'S 

Bud Fiske Raymond, ) REQUEST FOR HEARING

) 


Respondent. ) 


-------------...--------~----~------) BUD PISKE RAYMOND, by his undersigned counsel, pursuant 

to Section 13.16 of the Federal Aviation regulations, hereby 

demands a hearing on the Administrator's Order of Civil Penalty 

dated December 4, 2009, case 	number 2009WP210026, Civil Penalty 

in the amount of $4,000.00. Respondent denies the violations 

alleged in the Administratorls Order and prays that it is 

reversed. Respondent requests that the hearing be held in Los 

Angeles, California. 

Dated: December 18, 2009 

-:;;· ..·'/-7 ."~--_/ //~ll{fY1 :;%," .__.. --~". ~'WASS1ru{AN, E~~s~q-.--

Attorney for Respondent. 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W ASmNGTON, DC 

In the Matter of: 

FAA DOCKET 

Bud Fiske Raymond, 

FAA CASE NO. 2009WP210026 

Respondent. 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainanl files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice 

(14 C.F.R. 13.208), and states as follows: 

1. 

Respondent, Bud Fiske Raymond, was advised through an Amended Final Notif~C of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$4,000.00. On December 18, 2009, Respondent submitted a written request for a hearing. 

II. 

1. 	 Respondent is now, and at all times mentioned herein was. the owner of an Aero 

Commander Darter model 100 a.ircraft, civil registration number N269DA. 

2. 	 In December of 2008, maintenance was pcrfonned on N269DA. in that it was 

repainted. 

3. 	 On or about December 12, 2008, the Respondent took possession of N269DA 

before it had been approved for return to service. 
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3 

4. 	 Respondenttook possession ofN269DA before maintenance personnel made the 

required entry in the aircraft maintenance records indicating that it was approved 

for return tQ service. 

5. 	 On or about January 24, 2009, Respondent operated N269DA, in that 

Respondent caused or authori7.ed N269DA to be used for a flight in the vicinity 

ofEI Monte, California. 

6. 	 When Respondent operated N269DA as referenced in paragraph 5, above, 

maintenance personnel stm had not approveu N269DA for return to service:. 

7. 	 When Respondent operated N269DA as referenced in paragraph 5, above, 

maintenance personnel still had not made the required enlry in the aircraft 

maintenance records indicating that it was approved lor rcturn to service. 

HI. 

'By reason ofthe foregoing facts and circumstances, Respondent violated the following 

Federal Aviation Regulations (Title 14, Code of Federa,l Regulations): 

a. 14 CFR § 91.407(a)(I), which states that no person may operate any aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or alteration 
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4 

unless it hI:!!> been approved for return to service by a person authorized under ~ 43.1 

ofthis chapter. 

b. 14 Cr'R § 91.407(a)(2), which states that no person. may operate any aircraft 

thal has undergone maintenance, preventive maintenance, rebuilding, or alteration 

unless the n-~aintenance record entry rcquired by § 43.9 or § 43.11, as applicable, of 

this chapter has been made. 

IV. 

1. Pursuant to Title 49 U.S.C. Section 46301 (a), Respondent is subject to a eivil 

penalty not to exceed $11,000.00 for each of the violations alleged. 

2. Under the facts and circumstances ofthis case, a civil penalty of $4,000.00 is 

appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $4,000.00, 

Respectfully submitted, 

{-(Jte-Lierrc 

4 -

Gr ;f----=-- ~ Attorney 

Office ofthe Regiona) Cowlsel 

Federal Aviation Adminislr'ation 

Western-Pacific Region 

DATED: DEC 30 Z009 
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5 

CERTIFICAIE OF SERVICE 

I hereby certify that on this date I have sent by facsimile ap.d placed in the United 

States mail, postage prepaid, certified mail - return receipt requested, the executed original 

. and one copy, and faxed one: copy ofthe Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2WI000 

Facsimile: (202) 493-5020 

I further certify that on ibis date I have placed in the United States mail, postage 

prepaid, certified mail-return receipt requested, regular mail, and via facsimile a true copy 

ofthe Complaint, addressed as follows: 

Arthur Wassennan, Esq. 

T ,aw Offices of Arthur Wasserman 

16380 Roscoe Blvd., Ste. 120 

Van Nuys, CA 91406-1221 

Fax: (818) 895-0675 

Dated: DEC 30 Z009

Jeff Kamherg, 
 ;;;;~~ Legal Technician 


Office ofthe Regional Counsel 


Federal Aviation AdmiJ1i~tration 

Western-Pacific Region 


Lavvndalc, California