SERVED MARCH 8, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

JOEYD.WARDLE 

FAA DOCKET No. CP09CE0003 

iC'tvil Penalty Action) 

DMS No. FAA-2009^)843 

OttnRlt nRlgMiNn ATT.EGAHONS ADMnTEP AND 

LIMITING PROCEEDING TO ISSIJE OF OVSL PENALTY 

The Fedoal Aviaticm Adniini;stratioiii (heceniafier "Complakiant") filed a 

Complaint served.September 9.2009. Joey D. Waidle (heieinaftca- "Respondent" 

or "T^. Wardle\0 had fiM a Requert fOT Hearing on Septocnber ^ 

We issaed a Prooedural Order oa October 15,2009, and an Amoided 

Proceduial Order on January 11,2010. On February 17,2009, Complainant, 

dting Respondent's failure to Jinswer the Compl^t, filed pursuant to 13J209(i) 

of the Rules of Practice, 14 CwF.R. §13.209(0, a Motion to Deem Allegations 

Admitted (hetdnafin: "Motkxn"). Complainant asked f«r an arder deeming 

admitted each all^^o n of ^ Con^laint^ and a finding that Respond^t violated 

the regulations he is allied to have violated theseiiL Utkdex Rule 13.209(f), a 

failure to file an answer to a Complaint witfiout good cauise is deemed an 

admission of the truth of each alligation contained in (he Complaint. 

On Fdnuary 18,2010. we issued an Order to Respondent, directing Mr. 

Wardle tofile his answer to Complainant's Motion no later than March 1.2010. 

The Order to Respondent repeated Rule 13.209(f)'s admonishment that "a &ilure 

to answo- a CtMnplaint without good caose is deemed an admission of the tru& of 

UiB Complaint's aliegalions." The Otd» stated fiitOer that if Complainant 

prevailed on its Motion, Respondent would be adjudged in violation of each 
regulation cited by Complainant, and, further, that the hearing would be limited to 

the issue of civil penalty. 

Respondent has failed to file an answer to the Motion. Nor has Mr. 

Wardle yet filed an answer to Complainant's Complaint ^ 

WHEREFORE, Complainant's Motion to Deem Allegations Admitted 

having been read and considered, it is ORDERED as follows: 

1. Complainant's Motion to Deem Allegations Admitted be and is hereby 

GRANTED; 

2. Respondent be and is hCTeby DEEMED to have admitted all of the 

allegations in C(Mnplainant's Complaint; and 

3. This proceeding will be limited to the issue of the appropriate amount of 

the civil penalty to be assessed. 

lichard C. Goodwin 

Administrative Law Judge 

Attachment - Service List 

• ^ B 
^ 

FAA Docket No. CP09CE0003 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^3 0 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Joey D. Wardle, Respondent 

1301 S. 15* Street 

Burlington, lA 52601 

TEL: 309-299-7502 

Mark G. Camacho, Claimant's Counsel 

Office of Regional Counsel 

Federal Aviation Administration 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

TEL: 816-329-3765 

FAX: 816-329-3771 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: Attorney-Advisor: 202-366-2139 

Legal Assistant: 202-366-5121 

FAX: 202-366-7536 

' 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 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.