# U.S.DEPARTMENTOF1RANSPORTATION 

# RECEIVED OFFICE OF HEARINGS

WASHINGTON, D.C. 

# MAR 2 32015
Inthe Matter ofWoolpertLLC

FAAEIR# 

# 20 13EA250068 JudgeNotAssigned

MOTIONTO DISMISS 

# HEARING DOCKET

COMES NOW, the Agency, by and through counselpursuantto 14 C.F.R. § 13.218(f)(2)(i), hereby requests that the Respondent's Request for Hearing Pursuant to 14 C.F.R. § 13.16 be dismissed as untimely. FACTS 1. 

# On June 18, 2014, Respondent, Woolpert LLC, was advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$7,000. 2. The Information Sheet included with the Notice ofProposed Civil Penalty informed Woolpert that it could request a hearing in accordance with 14 C.F.R. § 13.16 within 30 days afterreceiving theNotice. SeeAttachmentA. 3. On June 25, 2014, Respondent requested an informal conference be held. See Attachment B. 4. On August 8, 2014, an informal telephonic conference was held, at which the parties were unable to reach a settlement.

# 5. During the informal conference, Respondent's counsel provided information to Agency counsel for the Agencyto consider. 6. On February 27, 2015, Agency counsel informed Respondent's counsel via email that the Aircraft Certification Office ("ACO") was reviewing the issues raised by Respondent's counsel atthe informal conference. 7. Notwithstanding, on March 3, 2015, Respondent submitted a written demand for ahearing pursuantto 14 C.P.R.§ 13.16. ARGUMENT 14 C.P.R. § 13.16(f) states the following: Not later than 30 days after receipt of the notice of proposed civil penalty, the person chargedwith aviolation shall- (1) Submit the amount of the proposed civil penalty or an agreed-upon amount, in which case either an order assessing civil penalty or compromise order shallbe issued in that amount; (2) Submitto the agency attorney one ofthe following
...;or (3) Request a hearing, in which case a complaint shall be filed withthe hearing docket clerk. The Notice ofProposed Civil Penalty was received by the Respondent on June 23, 2014. See Attachment C. Therefore, pursuant to 14 C.P.R. § 13.16(f), the Respondent was required to file a request for a hearing in response to the Notice of Proposed Civil Penalty no later than July 24, 2014. The Respondent filed a written demand for a hearing on March 3, 2015, over 7 months after the expiration ofthe deadline to do so.

2

# WHEREFORE, the Agency, by and through counsel, respectfully requests that the Administrative Law Judge enter an order dismissing Respondent's Request for Hearing Pursuantto 14 C.F.R. § 

# 13.16 as untimely. Should the Agency's Motion be denied, the Agency requests a period of 10 days in which to file the complaint pursuantto 14 C.F.R. § 13.218(f)(2)(i). Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel

# By:---~~~~--~==~···~--­ Daniel Kohlmeyer Attorney Federal AviationAdministration 1AviationPlaza Jamaica, NY 11434 718 553-3266 718 995-5699

3

# CERTIFICATE OF SERVICE I hereby certifY thatthe foregoing Motionto Dismiss has beenplacedthis date inthe United States mail, postage prepaid, by Certified Mail

- Return Receipt Requested addressed as follows: Gregory S. Winton, Esq. The AviationLawFirm 1997 Annapolis ExchangeParkway Suite 300 Annapolis, MD 2140I Telefax: (866) 568-9886 Federal AviationAdministration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: HearingDocketClerk, AGC-430 Wilbur WrightBuilding- Suite 2W1000

**~IF** 

# FILINGBYFEDERAL EXPRESS Federal AviationAdministration (Original and one copy) 600 IndependenceAvenue, SW Wilbur WrightBuilding- Room 2014 Washington, DC 20591 Attn: Hearing DocketClerk, AGC-430

Date: 1 7 

# 2015 1 

# Paralegal Specialist Federal AviationAdministration Office ofRegional Counsel 1AviationPlaza Jan1aica, NY 11434

4INFORMATION REGARDING CIVIL PENALTIES UNDER TITLE 49 U.S.C. SECTION 46301 

### Under 49 U.S.C. §46301, any person who violates pertinent provisions of 49 U.S.C. §§ 

### 40101,**~~-,or** 

### any rule, regulation, or order issued thereunder, is subject to a civil penalty for each violation. The maximum assessment for each violation is also prescribed by law, as specified in 

### the notice to which this is attached. The notice also states the amount ofthe proposed civil penalty for the alleged violation(s). 

### This proceeding is governed by the Federal Aviation Regulations (FAR) set forth in 14 C.F.R. § 13.16 and 14 C.F.R. Part 13, Subpart G. Copies of these regulations are enclosed. WITHIN THIRTY (30) DAYS AFTER WOOLPERT RECEIVES THE NOTICE TO WHJCH THIS INFORMATION SHEET IS ATTACHED, Woolpert may elect to proceed in one or more of the following ways by marking the appropriate box(es) on the attached election sheet and returning it bymail orpersonal-delivery to the address provided below. An explanation ofeach option is set forth below. 1. Woolpert may submit the amount ofthe civil penalty specified in the notice by certified check or money order payable to the "Federal Aviation Administration" to the Office of Accounting FAA/MMAC- Attention M1Z-310-EA, Post Office Box 25770, Oklahoma City, OK 73125. 

### 2. In the alternative, Woolpert may pay its civil penalty with a credit card over the Internet. To pay electronically, visit the web site at httn://www.pay.gov and enter the term 

### 'FEA" in the search bar labeled "Search Public Forms" located on the left hand side of the screen. After following the link, click on "FAA Civil Penalties-FAAEastern Region." Woolpert mustthen enter the above-listed "DocketNumber" under the "Civil Penalties Case Number" and Woolpert must then complete the remainder ofthe requested information. Once Woolpert has submitted the requested information Woolpert will be taken to 

### a page which allows Woolpert to either pay by electronic transfer, or by credit card. Fill in the requested information in one ofthese two sections, and submit to completeyour payment. SUBMITTING THE AMOUNT OF CIVIL PENALTY IN ACCORDANCE WITH PARAGRAPHS I AND 2 CONSTITUTES Woolpert'S AGREEMENT THAT AN ORDER ASSESSING CIVIL PENALTY IN THAT AMOUNT MAY BE ISSUED WITHOUT FURTHER NOTICE. SUBMITTING THE AMOUNT OF CIVIL PENALTYALSO CONSTITUTES Woolpert'S AGREEMENT THAT IT WAIVES ITS RIGHT TOA HEARINGIN THIS MATTER.
3. Woolpertmay submit, in writing, information and evidence demonstrating that aviolation ofthe regulations was not committed or that, ifitwere, the facts and circumstances do not warrant the proposed civil penalty. Informationprovidedwill be considered in determining whether a civil penalty should be assessed or imposed and the amount ofany such civil penalty. This information may be submitted in conjunction with a request for an informal conference underparagraph 6. Choosing this option will not affect Woolpert's right to a hearing, unless it also elects paragraph 5. 4. Woolpert may submit, in writing, information andrecords indicatingthatit is financially unable to pay the proposed civil penalty, or showingthat payment of the proposed penaltywould preventWoolpert from continuing inbusiness. Choosingthis option will not affect Woolpert's right to a hearing, unless it also elects paragraph 5. 5. Woolpert may request that a civil penalty be assessed in a specific amount other than that proposed in the notice. IfWoolpert chooses this option, it should explain why a reduction in the civil penalty is appropriate, and provide any supporting documentation. The information Woolpert provides will be considered in determining whether the amount it specified should be assessed. Ifthe FAA accepts Woolpert's offer, this request constitutes Woolpert's agreementthat an order assessing civil penalty in that amount may be issued without further notice. WOOLPERT'S REQUEST ALSO CONSTITUTES ITS AGREE.l\1ENT THAT IT WAIVES ITS RIGHT TO A HEARING. IF TilE FAA DOES NOT ACCEPT WOOLPERT'S OFFER, HOWEVER, ITS RJGHT TO A HEARING WILL NOT BE AFFECTED. 6. Woolpert may request an opportunity to discuss the matter with an FAA attorney by a telephonic informal conference, or at an**in~person** informal conference at one ofthe following locations: an FAA regional oftice; the FAA Aeronautical Center in Oklahoma City; orFAAHeadquarters inWashington, DC. A list ofthe addresses ofthese offices (hereafterreferredto as ''the Informal Conference Location list" or "thelist") is attached to the enclosed reply fonn. A request for an in-person informal conference at any ofthe offices on the Informal Conference Location list will be granted, regardless ofwhether the office Woolpert's chooses is the office that issued the notice to which this information sheet is attached. Tf Woolpert chooses an office on the Informal Conference Location list other than the office that issued the notice, the case ordinarily will be transferred to the office Woolpert requests for full disposition and handling in accordance with the FAA's existing transfer policy, which is set forth in paragraph 208(e) off AA Order No. 2150-3A,

### provided that (1) a transfer is in the public interest, and (2) the transfer is to an office more convenient to its domicile or principal place of business. Vlhen conditions (1) and (2) are not present, the case will be transferred to the office Woolpert requests for purposes ofthe informal conference only. Moreover, the office receiving the case only for purposes ofthe informal conference will consult and coordinate with the office that issued the notice before settling or otherwise disposing ofthe case afterthe informal conference. Woolpert also may request an in-person informal conference at an FAA office otherthan those onthe Informal Conference Location list. If Woolpert does so, it should indicate on the response form its reason for requesting that particular location. NOTE: Requests for in-person informals at locations not on the listwill be granted only in very limited circumstances. Woolpert should not, therefore, expect to have an in-person infonnal conference at a location other than those on the list. The FAA attorney assigned to this case has discretion to grant a request for an in-person informal conferences at a location other than those on the list only when (1) because ofunusual circumstances, the public interest is better served by holding an in-person informal conference at such location, or (2) an in-person informal conference can be scheduled to coincide with other previously scheduled business at the location requested. In addition, the FAA attorney mustbe able to schedule the conference within approximately 90 days ofthe date Woolpert requests an informal conference. Because ofthese restrictions, Woolpert is requested to indicate both the FAA office itprefers and one ofthe offices from the Infonnal Conference Location list. To elect a telephone informal conference, choose option 6.a. on the reply form. To elect an in-person informal conference at one ofthe locations on the Informal Conference Location list, choose option 6.b. To elect an in-person informal conference at a location otherthan those onthe list, choose option 6.c. If Woolpert requests an infonnal conference with an FAA. attorney, do not also request at this time a formal hearing under 14 C.F.R. 

### § 13.16, i.e., option 8. Woo\pert's request for an informal conferencewill not affect its right to request a formal hearing later. IMPORTANT: The informal conference is intended to provide Woolpert with an opportunity to present its reasons why the FAA should not proceed with the action as proposed. It also is intended to provide Woolpert with an opportunity to present any supporting documentation or information its wishes the FAA to consider before the agency decides whether to proceed with the proposed action. Any additional information Woolpert submits will be given our carefulconsideration. Since the attached letter may become a part ofthe publicly available records, Woolpert may wish to submit a letter which would be included in these records. 7. Woolpert may request that the FAA impose a civil penalty without making findings ofviolations, and submit the reasons and any additional information in writing (with appropriate supporting documentation) to support Woolpert's request. Ifthe FAA accepts Woolpert's offer, this requestwill constitute Woolpert's agreement that a Compromise Order in that amount may be issued. WOOLPERT'S REQUEST WILL ALSO CONSTITUTE ITS AGREEI\1ENT THAT IT WAiVES ITS RIGHT TO A HEARING. IF THE FAADOES NOT ACCEPT WOOLPERT'S OFFER, HOWEVER, ITS RIGHT TO A HEARING WILL NOT BE AFFECTED. 8. Woolpert may request a hearing in accordance with section 13.16 ofthe FAR. Woolpert's request must be dated and signed. If Woolpert requests a hearing, a Complaint will be filed and an administrative lawjudge will be appointed to decide the case. At the hearing, held under Subpart G of 14 C.F.R. Part 13, the agency will present witnesses and other evidence. Woolpert also will have the opportunity to present witnesses and other evidence. The FAA will have the burden ofproof. At the conclusion ofthe hearing, all issues offact and law will be decided and a decision will be rendered whether, and in what amount, a civil penalty will be assessed. Ifeither party, the agency or Woolpert is dissatisfied with thejudge's decision, that party can appeal thejudge's decision to the FAA decisionmaker. If Woolpert is dissatisfied with the FAA decisionmaker's decision, Woolpert may seek review ofthe FAA decisionmalcer's decision 

### in the United States Courts ofAppeals. Woo\pert's request for a hearing must be made to the Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, SW., Room 924A, Washington, DC, 20591, Attention: Hearing Docket Clerk. Woolpertmustmail a copyto the fAA attorneyhandling this case at the address indicated below. All correspondence in this matter should be forwarded to the Office ofthe Regional Counsel Federal Aviation Administration 1Aviation Plaza Jamaica,NY 11434 Woolpert's response to the Notice ofProposed Civil Penalty may be delivered personally to the Office ofthe Regional Counsel for the Eastern Region at the above address during normal business hours. Telephone: 718**553~3266** (Collect calls cannot be accepted.)



# 2Office ofthe Regional Counsel Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 Date

Woolpert- 2013EA250068 Subject: Notice ofProposed Civil Penalty Inreply to yourNotice ofProposed Civil Penalty, Woolpert elects to proceed as indicated bymy check marc beside the numbered paral!faph(s) below: 1. [ 

## -l Woolpert hereby submits 2. [ ] Woolpert has paidthe 3. [ ] Woolpert hereby 4. [ ] Woolpert hereby 5. [ ] Woolpert hereby the amount ofthe proposed civil proposed civil penaltywith a submits evidence and submits information and requests that the penalty with the understanding credit card overthe Internet at the information, records showing that it is proposed civil penalty be that an order assessing a civil following website: demonstratingthat a financially unable to pay assessed in the amount penaltywill be issued in that 

### htt)2://W\·VW.12ay.gov violation ofthe the proposed civil 

### of$ and it amount without further notice. regulations did not occur penalty, orthat payment submits the reasons for Woolpert UNDERSTANDS Woolpcrt also understands that as alleged or that the ofthe penalty would the reduction ofthe THATIT HAS WAIVED ITS an order assessing civil penalty amount ofthe penalty is prevent it from proposed amount. This RIGHT TOAHEARING. will be issued inthe amount not warranted bythe continuing inbusiness. request constitutes without further notice. circumstances. Woolpert's agreement that ifthis offer is Woolpert ALSO accepted bythe FAA, an UNDERSTANDS THAT IT order assessing civil WAlVES ITS RIGHT TO A penalty in the amount it HEARING. has specified may be issued without further notice. THIS REQUEST ALSO CONSTITUTES Woolpert'S AGREEMENT THAT IT HAS WAIVED ITS RIGHT TOA HEARING.

6.a. [ ] Woolpert hereby requests atelephonic informal conference 7. [ ] Woolpert hereby 8. [ ] Woolpert herebyrequests a hearing in to discuss this matter with an FAA attorney. (An attorney will call requests thatthe FAA accordance with Subpart G ofPart 13 ofthe Federal Woolpert atthe telephone numberit provides here: ( ) impose a civil penalty Aviation Regulations (14 CFR 13, Subpart G) with Woolpert will be provided atleast 2 weeks advance notice ofthe date without making findings the understandingthat a Complaintwill be filed. andtime ofthis conference.) NOTE: IfWoolpertchooses to discuss ofviolations, and Woolpert requests thatthe hearing be held in this matter informally bytelephone, it should provide any documents submits its reasons. This Woolpert is sending or other information itwishes to have considered onits behalfbefore request constitutes this requestbothto the FAA attorney and to the the date ofthe informal conference. Woolpert's agreement Hearing Docket, Federal Aviation Administration, b. [] Woolpert hereby requests an in-person informal conference that ifthis offer is 800 Independence Avenue, SW., Room 924A, with an FAA attorneyto discuss this matter at accepted, a compromise Washington, DC, 20591, Attention: HearingDocket (choose an FAA office from the attached list). order will be issued in Clerk. c. [] Woolpert hereby requests an in-person informal conference the amount set forth in with an FAA attorney to discuss this matter at theNotice ofProposed

. Woolpert is requesting an in-person informal Civil Penalty. Tl-ITS conference atthis location because REQUEST ALSO Woolpert has CONSTITUTES also indicated an alternate location from the attached list under item WOOLPERT'S 6.b. in the eventtheFAA is unableto grantmyrequest underthis AGREEMENT THAT IF option. THIS OFFER IS ACCEPTED, IT HAS WAIVED ITS RIGHT TO AHEARING.

Signature: [] Woolpert requests that future documents in this case be sentto its Name: representative: Address: Name: Telephone: Address: Date: CaseNo.: 20IJEA250068 Telephone:AERONAUTICAL CENTER Federal Aviation Administration FAA LEGAL COUNSEL OFFICE LOCATIONS FOR lt'IFORMAL CONFER DICES ALASKA REGION Federal Aviation Administration Office ofthe Regional Counsel

**(AMC~**7) Room251 Oft1ce ofthe Regional Counsel (AAL-7) Mike Monroney Aeronautical Center Alaskan Region Headquarters 6500 SouthMacArthur Boulevard 222 West 7thAvenue OklahomaCity, OK 73125 Anchorage, AK 99513 EASTERNREGION GREATLAKESREGION Federal Aviation Administration Federal Aviation Administration Office oftheRegional Counsel (AEA-7) Office ofthe Regional Counsel (AGL-7) Eastern Region Headquarters Great Lakes Region Headquarters 1 Aviation Plaza O'HareLake Office Center, Room 419 Room 559 2300 East Devon Avenue Jamaica, NY 11434 Des Plaines, lL 60018 NORTHWEST MOUNTAIN REGION SOUTHER.'!REGION Federal Aviation Administration Federal AviationAdministration Office ofthe Regional Counsel (ANM-7) Office oftheRegional Counsel (AS0-7) Northwest MountainRegion Headquarters Southern Region Headquarters 1601 Lind Avenue, SW. 1701 Columbia Avenue, Room 530 Renton, WA 98055-4056 College Park, GA 30337 WESTER.'I-PACIFIC REGJOI'\ FAAHEADQUARTERS Federal Aviation Administration Federal Aviation Administration Office ofthe Regional Counsel (A WP-7) Office ofthe ChiefCounsel Western-Pacific Region Headquarters 800 Independence Avenue, SW. 15000 Aviation Boulevard Washington, DC 20591 Havvthorne, CA 90261



# 2 CENTRAL REGION Federal Aviation Administration Office ofthe Regional Counsel (ACE-7) Central Region Headquarters 901 Locust Room 506 Kansas City, MO 64106-2641 NEWDIGLA"'D REGION Federal AviationAdministration Office ofthe Regional Counsel (ANE-7) NewEngland RegionHeadquarters 12NewEnglandExecutive Park, Room 311 Burlington, :tv1A 01803 SOUTHWESTREGIOI'\ Federal Aviation Administration Office ofthe Regional Counsel (ASW-7) SouthwestRegion Headquarters 2601 Meacham Boulevard 

### Ft Worth, TX 76193-0007 EUROPE,AFRICA & MIDDLE EAST FAA/American Embassy Office ofthe Assistant ChiefCounsel (AEU-7) 27 Blvd. du Regent, Brussels, Belgium (formailing from U.S.:PSC 82, Box 002, APO AE 09710)

# THE AVIATION LAW FIRM

1997 ANNAPOLIS EXCHANGE PARKWAY SUITE 300 ANNAPOLIS, MD 2140 I 1-877-4-AIR-LAW' 301-294-8550 866-568-9886 FAX 301-294-2525 FAX WWW.THEAVIATIONLAWFIRM.COM GRE;;GDRY S. WINTON, ESQ. ADMITTED IN MD, NY, PA, CT, AND D.C. GR EG@AVl ATl ON LAWEXPERTS.COM
JARE:D M. ALLEN, ESQ.* *ADMJTTED IN FLAND D.C. ONLY JALLI':N@A VIATID N LAW E;XPERT5.COM



## NOTENEWREPLYADDRESS ABOVE EFFECTIVEJUNE 25, 2014 June 25, 2014 Via Electronic mail: Daniel.Kohlmeyer@faa.gov and Regular Mail Daniel P. Kohlmeyer FAA EasternRegion, AEA-7 I AviationPlaza, Room 561 Jamaica, NY 11434 Re: Woolpert, Inc. FAADocket No. 2013EA250068 DearMr. Kohlmeyer: Pleasebe advisedthatthis office represents Woolpert, Inc. regarding the above-referenced Notice ofProposed Civil Penaltydated June 18,2014. As such, kindly direct all future correspondence concerning this matter to my attention. My client would like to be heard at an informal conference concerning the charges brought against the company. Kindly send me the releasable portions ofthe enforcement investigative report (EIR) prior to scheduling a mutually convenient date andtime for the informal conference. Thankyou in advance for your anticipated cooperation. Sincerely, Is/Gregory 

## S. Winton 

## Gregory S. Winton
cc: Woolpert, Inc.311612015 USPS Mut:ila


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