In The Matter Of: 

AERO TECH, LLC 

Respondent 

SERVED: August 17, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. FAA-2016-4270 

Case No. 2015WA910115 

ORDER TO SHOW CAUSE 

On May 11, 2016, the undersigned judge issued an Initial Procedural Order in the above 

captioned case. The order required, inter alia, the parties to appear by telephone for a prehearing 

conference with the undersigned judge on August 16, 2016 at 1 pm Eastern time. 1 An attorney 

·from the office of the Respondent's counsel appeared. The Complainant did not appear. 

In accordance with 14 C.F.R. § 13.205(a)(1), an administrative law judge is empowered 

to hold prehearing conferences. The FAA Administrator previously noted: 

[t]he Administrator expects that the parties will comply with orders issued by an ALJ during the 

hearing stage of a proceeding. Ignoring an ALJ's orders cannot be countenanced in an orderly 

system of adjudication. 2 

The Complainant is therefore reminded that failure to follow the undersigned administrative law 

judge's orders without good cause may result in sanctions.3 Moreover, continued failure to 

participate in the proceedings as directed by the undersigned judge may be deemed a 

constructive withdrawal of the request for hearing or complaint by the party demonstrating such 

a lack of interest in participating in these proceedings. 4 

1 This same order required the parties to file a joint report by July 25, 2016. The parties complied with this portion 

of the order and indicated their receipt of the Initial Procedural Order in their Joint Report. 2 American Airlines, Inc., FAA Order No. 2002-15, at 9 (May 20, 2002). 

3 See id ("Parties who disregard the ALJ's orders do so at their own peril because the Administrator on appeal will 

uphold any reasonable sanctions permitted by the Rules of Practice that the ALJ imposes against a party for that 

behavior."). 

4 See, e.g., IAL Power Supply, Docket No. CP01S00015 (FAA Aug. 7, 2001) (ALJ construed Respondent's silence 

as a constructive withdrawal of request for a hearing), appeal dismissed, FAA Order No. 2002-10 (Apr. 17, 2002); 

Blanks on, Docket No. CP97EA0024 (FAA Sep. 11, 1997) (ALJ found failure to respond to previous orders as 

grounds for constructive withdrawal), aff'd, FAA Order No. 98-21 (Oct. 9, 1998). See also Instead Balloon 
Pursuant to 14 C.F.R. § 13.205(a)(1), (6), and (7), IT IS HEREBY ORDERED: 

1. No later than September 6, 2016, the Complainant shall file a statement explaining the 

cause of their failure to appear at the preheating conference as directed by the Initial 

Procedural Order. 

2. If the Complainant fails to file this statement by the above deadline, the unders~gned 

judge may issue a subsequent order finding the Complainant has constructively 

withdrawn from these proceedings and, pursuant to 14 C.F.R. § 13.215, dismiss the case 

with prejudice. 

Attachment: Service List 

DOUGLAS M. RAW ALD 

Administrative Law Judge 

Services, FAA Order No. 1998-23, at 3 (Nov. 24, 1998) (affirming ALJ's decision to find constructive withdrawal 

for a party's failure to appear at a hearing); Apollo A & HS Company, FAA Order No. 2011-4, at4 (Jan. _14, 2011) 

("Apollo's failure to appear at the hearing and to pursue its request for hearing without good cause constituted a 

constructive withdrawal of its request for hearing."). 
SERVICE LIST - BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10005 

Aero Tech, LLC, Respondent 

5333 E. 2151 Street 

Clovis, NM 88101 

Stephen Doerr, Respondent's Counsel 

DOERR & KNUDSON, PA 

212 West First Street 

Portales, NM 88130 

TEL: 575-359-1289 

FAJ(: 575-359-1898 

Kyle Lomazow, Complainant's Counsel 

Office of the Regional Counsel 

FAA Northwest Mountain Region 

1601 Lind Ave. SW, ANM-7 

Renton, W A 98057 

TEL: 425-227-1847 

FAJ(: 425-227-1007 

ONE COPY 

The Honorable Douglas M. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

F AJ(: 202-366-7536 

Docket No. FAA-2016-4270 

(Civil Penalty Action) 

5 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 2W.IOOO, Washington, 

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