) •I"\:::· . " 

SERVED: MARCH 20, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

TRANS NORTH AVIATION, LTD. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2013-0046 

ORDER DENYING COMPLAINANT'S MOTION 

Complainant Federal Aviation Administration ("Complainant") has moved that the 

Request for Hearing filed by Respondent Trans North Aviation, Ltd. ("Respondent") be denied 

as untimely. 14 C.F.R. § 13.16(g)(2)(ii) obligates a person charged with a violation to request a 

hearing not later than 15 days following receipt of Complainant's final notice of proposed civil 

penalty ("FNPCP"). The basis for Complainant's motion is that Respondent's request was 

submitted after the 15-day period had expired. · 

Respondent's reply objecting to Complainant's motion asserts that it filed a Request for 

Hearing in a timely manner. Complainant's timeline contending that Respondent failed to do so 

is flawed because its presumption that Respondent received the FNPCP on January 17, 2013 is 

incorrect, Respondent contends. Citing the regulation stating that service may be presumed 

when the party·"acknowledges receipt ofthe document" (14 C.F.R. §13.211(h)), Respondent 

asserts that Complainant cannot show that Respondent acknowledged receipt on January 17. 

Complainant has furnished no return receipt supporting its motion. Further, Respondent has 

filed an affidavit with its response stating that it neither received nor signed a return receipt 

]Q 
2 

acknowledgement ("green card") on that date. Respondent further states that it acknowledged 

receipt of the FNPCP on February 2, 2013, within the time frame required by the regulation for 

mailing its request for hearing. 

The foregoing demonstrates that Respondent has observed the rules. It filed its Request 

for Hearing in a timely manner. As such, Complainant's motion is denied, and Respondent's 

Request for Hearing is accepted. 

~-i£.4Jl (! ) l~u;~ ,@x 

'Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
3 

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 2W10001 

ONE COPY 

Charles R. Barnett. III, Respondent's Counsel 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

TEL: 847-809-9520 

FAX: 815-356-7042 

Jeanette B. Daubaras, Complainant's Counsel 

Office of the Regional Counsel, Great Lakes Region 

Federal Aviation Administration 

2300 EastDevon Avenue 

Des Plaines, AL 60018 

TEL: 847-294-7313 

FAX: 847-294-7498 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2013-0046 

(Civil Penalty Action) 

1 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 2WIOOO, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430.