U.S.DEPARTMENTOF1RANSPORTATION RECEIVED 

OFFICE OF HEARINGS 

WASHINGTON, D.C. MAR 2 3 2015 

In the Matter ofWoolpert LLC 

FAA EIR # 20 13EA250068 

Judge Not Assigned 

MOTION TO DISMISS 

HEARING DOCKET 

COMES NOW, the Agency, by and through counsel pursuant to 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 

of Proposed 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 of Proposed Civil Penalty 

informed Woolpert that it could request a hearing in accordance with 14 

C.F.R. § 13.16 within 30 days after receiving the Notice. See Attachment A. 

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 Agency to 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 at the informal conference. 

7. Notwithstanding, on March 3, 2015, Respondent submitted a written demand 

for a hearing pursuant to 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 charged with a violation 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 shall be issued in that amount; 

(2) Submit to the agency attorney one of the following ... ; or 

(3) Request a hearing, in which case a complaint shall be filed 

with the hearing docket clerk. 

The Notice of Proposed 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 of the 

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 Pursuant to 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 

pursuant to 14 C.F.R. § 13.218(f)(2)(i). 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By:---~~~~--~==~···~--­ Daniel Kohlmeyer 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3266 

718 995-5699 

3 
CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Motion to Dismiss has been placed this date in the 

United States mail, postage prepaid, by Certified Mail - Return Receipt Requested 

addressed as follows: 

Gregory S. Winton, Esq. 

The Aviation Law Firm 

1997 Annapolis Exchange Parkway 

Suite 300 

Annapolis, MD 2140 I 

Telefax: (866) 568-9886 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

~IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building- Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: 1 7 2015 

1 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jan1aica, NY 11434 

4 
INFORMATION 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 of the 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 by mail or personal-delivery to the address provided below. An explanation of each option is set forth below. 

1. Woolpert may submit the amount of the 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-FAA Eastern Region." Wool pert must then enter the above-listed "Docket Number" under the "Civil 

Penalties Case Number" and Wool pert must then complete the remainder of the requested information. Once Wool pert 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 of these two sections, and submit to complete your 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 PENALTY ALSO CONSTITUTES Woolpert'S AGREEMENT THAT IT WAIVES ITS RIGHT TO A HEARING IN THIS MATTER. 

3. Wool pert may submit, in writing, information and evidence demonstrating that a violation of the regulations was not committed or that, if it were, the facts and 

circumstances do not warrant the proposed civil penalty. Information provided will be considered in determining whether a civil penalty should be assessed or 

imposed and the amount of any such civil penalty. This information may be submitted in conjunction with a request for an informal conference under paragraph 

6. Choosing this option will not affect Woolpert's right to a hearing, unless it also elects paragraph 5. 

4. Wool pert may submit, in writing, information and records indicating that it is financially unable to pay the proposed civil penalty, or showing that payment of 

the proposed penalty would prevent Woolpert from continuing in business. Choosing this option will not affect Woolpert's right to a hearing, unless it also elects 

paragraph 5. 

5. Wool pert may request that a civil penalty be assessed in a specific amount other than that proposed in the notice. If Woolpert 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 agreement that 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 of the following locations: an FAA regional oftice; the FAA Aeronautical Center in Oklahoma City; or FAA Headquarters in Washington, DC. A list of the 

addresses of these offices (hereafter referred to as ''the Informal Conference Location list" or "the list") is attached to the enclosed reply fonn. 

A request for an in-person informal conference at any of the offices on the Informal Conference Location list will be granted, regardless of whether the office 

Woolpert's chooses is the office that issued the notice to which this information sheet is attached. 

Tf Wool pert 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 of the informal conference only. Moreover, 

the office receiving the case only for purposes of the informal conference will consult and coordinate with the office that issued the notice before settling or 

otherwise disposing of the case after the informal conference. 

Wool pert also may request an in-person informal conference at an FAA office other than those on the 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 list will 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 of unusual 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 must be able 

to schedule the conference within approximately 90 days of the date Woolpert requests an informal conference. Because of these restrictions, Wool pert is 

requested to indicate both the FAA office it prefers and one of the 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 of the locations on the Informal 

Conference Location list, choose option 6.b. To elect an in-person informal conference at a location other than those on the 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 conference will 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 careful 
consideration. Since the attached letter may become a part of the 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 of violations, and submit the reasons and any additional information in 

writing (with appropriate supporting documentation) to support Woolpert's request. If the FAA accepts Woolpert's offer, this request will 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 FAA DOES 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 of the FAR. Woolpert's request must be dated and signed. If Woolpert requests a hearing, 

a Complaint will be filed and an administrative law judge 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 of proof. At the conclusion of the hearing, all issues of fact and law will be decided and a decision will be rendered whether, and in what amount, a civil 

penalty will be assessed. If either party, the agency or Wool pert is dissatisfied with the judge's decision, that party can appeal the judge's decision to the FAA 

decisionmaker. If Woolpert is dissatisfied with the FAA decisionmaker's decision, Wool pert may seek review of the FAA decisionmalcer's decision in the 

United States Courts of Appeals. 

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. Woolpert must mail a copy to the fAA attorney handling this case at the address indicated below. 

All correspondence in this matter should be forwarded to the Office of the Regional Counsel Federal Aviation Administration 1 Aviation Plaza Jamaica, NY 11434 

Woolpert's response to the Notice of Proposed Civil Penalty may be delivered personally to the Office of the Regional Counsel for the Eastern Region at the 

above address during normal business hours. 

Telephone: 718 553~3266 (Collect calls cannot be accepted.) 

2 
Office of the Regional Counsel 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Date 

Wool pert- 2013EA250068 

Subject: Notice of Proposed Civil Penalty 

In reply to your Notice of Proposed Civil Penalty, Woolpert elects to proceed as indicated by my check marc beside the numbered paral!faph(s) below: 

1. [ -l Woolpert hereby submits 2. [ ] Wool pert has paid the 3. [ ] Woolpert hereby 4. [ ] Woolpert hereby 5. [ ] Woolpert hereby 

the amount of the proposed civil proposed civil penalty with a submits evidence and submits information and requests that the 

penalty with the understanding credit card over the Internet at the information, records showing that it is proposed civil penalty be 

that an order assessing a civil following website: demonstrating that a financially unable to pay assessed in the amount 

penalty will be issued in that htt)2://W\·VW .12ay .gov violation of the the proposed civil of$ and it 

amount without further notice. regulations did not occur penalty, or that payment submits the reasons for 

Woolpert UNDERSTANDS Woolpcrt also understands that as alleged or that the of the penalty would the reduction of the 

THAT IT HAS WAIVED ITS an order assessing civil penalty amount of the penalty is prevent it from proposed amount. This 

RIGHT TOA HEARING. will be issued in the amount not warranted by the continuing in business. request constitutes 

without further notice. circumstances. Woolpert's agreement 

that if this offer is 

Woolpert ALSO accepted by the FAA, an 

UNDERSTANDS THAT IT order assessing civil 

W AlVES 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. [ ] Wool pert hereby requests a telephonic informal conference 7. [ ] Woolpert hereby 8. [ ] Woolpert hereby requests a hearing in 

to discuss this matter with an FAA attorney. (An attorney will call requests that the FAA accordance with Subpart G of Part 13 of the Federal 

Woolpert at the telephone number it provides here: ( ) impose a civil penalty Aviation Regulations (14 CFR 13, Subpart G) with 

Woolpert will be provided at least 2 weeks advance notice of the date without making findings the understanding that a Complaint will be filed. 

and time of this conference.) NOTE: IfWoolpert chooses to discuss ofviolations, and Wool pert requests that the hearing be held in 

this matter informally by telephone, it should provide any documents submits its reasons. This Woolpert is sending 

or other information it wishes to have considered on its behalf before request constitutes this request both to the FAA attorney and to the 

the date of the informal conference. Woolpert's agreement Hearing Docket, Federal Aviation Administration, 

b. [] Woolpert hereby requests an in-person informal conference that if this offer is 800 Independence Avenue, SW., Room 924A, 

with an FAA attorney to discuss this matter at accepted, a compromise Washington, DC, 20591, Attention: Hearing Docket 

(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 the Notice of Proposed 

. Wool pert is requesting an in-person informal Civil Penalty. Tl-ITS 

conference at this location because REQUEST ALSO 

Woolpert has CONSTITUTES 

also indicated an alternate location from the attached list under item WOOLPERT'S 

6.b. in the event the FAA is unable to grant my request under this AGREEMENT THAT IF 

option. THIS OFFER IS 

ACCEPTED, IT HAS 

WAIVED ITS RIGHT 

TO A HEARING. 

Signature: [] Woolpert requests that future documents in this case be sent to its 

Name: representative: 

Address: 

Name: 

Telephone: Address: 

Date: 

Case No.: 20IJEA250068 Telephone: 
AERONAUTICAL CENTER 

Federal Aviation Administration 

FAA LEGAL COUNSEL OFFICE LOCATIONS 

FOR lt'IFORMAL CONFER DICES 

ALASKA REGION 

Federal Aviation Administration 

Office of the Regional Counsel (AMC~ 7) Room 251 Oft1ce of the Regional Counsel (AAL-7) 

Mike Monroney Aeronautical Center Alaskan Region Headquarters 

6500 South MacArthur Boulevard 222 West 7th Avenue 

Oklahoma City, OK 73125 Anchorage, AK 99513 

EASTERN REGION GREAT LAKES REGION 

Federal Aviation Administration Federal Aviation Administration 

Office of the Regional Counsel (AEA-7) Office of the Regional Counsel (AGL-7) 

Eastern Region Headquarters Great Lakes Region Headquarters 

1 Aviation Plaza O'Hare Lake 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 Aviation Administration 

Office of the Regional Counsel (ANM-7) Office of the Regional Counsel (AS0-7) 

Northwest Mountain Region 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'\ FAA HEADQUARTERS 

Federal Aviation Administration Federal Aviation Administration 

Office of the Regional Counsel (A WP-7) Office of the Chief Counsel 

Western-Pacific Region Headquarters 800 Independence Avenue, SW. 

15000 Aviation Boulevard Washington, DC 20591 

Havvthorne, CA 90261 

2 

CENTRAL REGION 

Federal Aviation Administration 

Office of the Regional Counsel (ACE-7) 

Central Region Headquarters 

901 Locust Room 506 

Kansas City, MO 64106-2641 

NEW DIGLA"'D REGION 

Federal Aviation Administration 

Office of the Regional Counsel 

(ANE-7) 

New England Region Headquarters 

12 New England Executive Park, Room 311 

Burlington, :tv1A 01803 

SOUTHWEST REGIOI'\ 

Federal Aviation Administration 

Office of the Regional Counsel (ASW-7) 

Southwest Region Headquarters 

2601 Meacham Boulevard 

Ft Worth, TX 76193-0007 

EUROPE, AFRICA & MIDDLE EAST 

FAA/American Embassy 

Office of the Assistant Chief Counsel 

(AEU-7) 

27 Blvd. du Regent, Brussels, Belgium 

(for mailing 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@A Vl A Tl ON LA WEXPERTS.COM 

JARE:D M. ALLEN, ESQ.* 

*ADMJTTED IN FLAND D.C. ONLY 

JALLI':N@A VI A TID N LAW E;XPERT5.COM 

NOTE NEW REPLY ADDRESS ABOVE EFFECTIVE JUNE 25, 2014 

June 25, 2014 

Via Electronic mail: Daniel.Kohlmeyer@faa.gov 

and Regular Mail 

Daniel P. Kohlmeyer 

FAA Eastern Region, AEA-7 

I Aviation Plaza, Room 561 

Jamaica, NY 11434 

Re: Woolpert, Inc. 

FAA Docket No. 2013EA250068 

Dear Mr. Kohlmeyer: 

Please be advised that this office represents Woolpert, Inc. regarding the above-referenced Notice of Proposed 

Civil Penalty dated 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 of the enforcement investigative report (EIR) prior to 

scheduling a mutually convenient date and time for the informal conference. 

Thank you in advance for your anticipated cooperation. 

Sincerely, 

Is/ Gregory S. Winton 

Gregory S. Winton 

cc: W oolpert, Inc. 
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