® 

U.S. Department ^^f^^ ^ j,,g Qj,jgf counsel 800 Independence Ave., S.W. 

of Transportation Washington, D.C. 20591 

Federal Aviation 

Administration 

Augusts, 2010 

VIA Reeailar U.S. Mail 

John H. Weiser, Jr. 

John Hutton Corporation 

14 Lagoon Drive 

Honolulu, HI 96819 

Re: In the Matter of John Hutton Corporation, d/b/a Tora Flight Adventure Club. 

FAA Order 2010-12 (Docket No. CP08WP0013\ 

Dear Mr. Weiser: 

On June 23,2010, my office sent a copy of FAA Order No. 2010-12 to you by U.S. certified 

mail. The envelope containing the order was recently returned to my office. (See enclosed 

copy of envelope.) I am sending this order to you again. 

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Sincerely, 

Vicki S. I!<eOTion 

Manager, Adjudication Branch, AGC-430 

Enclosures 

Cc: Lisa Toscano, Esq. (without FAA Order No. 2010-12) 
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UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

In the Matter of: JOHN HUTTON CORPORATION, 

d/b/a TORA FLIGHT ADVENTURE CLUB 

FAA Order No. 2010-12 

Docket No. CP08WP0013 

FDMS No. FAA-2^te-t2' l,oo%-0-\8^0 

Served: June 23, 2010 

ORDER GRANTING MOTION TO DISMISS APPEAL^ 

Complainant FAA filed a motion to dismiss, arguing that Respondent John Hutton 

Corporation d/b/a Tora Flight Adventure Club failed to perfect its appeal from the written 

initial decision issued by Administrative Law Judge ("ALJ") Richard C. Goodwin.^ For 

the reasons stated in this order, Complainant's motion to dismiss is granted. 

On February 2, 2010, the ALJ issued a written initial decision assessing a $15,000 

civil penalty against Respondent. The ALJ's office did not send a copy of the initial 

decision to Respondent's representative, John Weiser, Respondent's president and sole 

' Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also 

available for viewing at http://-www.regulatiom.gov. 

^ The Administrator's civil penalty decisions, along with indexes of the decisions, the rules of 

practice, and other information, are available on the Internet at the following address: 

http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/AGC40Q/Cml 

_Penalty. In addition, Thompson/West publishes Federal Aviation Decisions. Finally, the 

decisions are available through LEXIS (TRANS library) and WestLaw (FTRAN-FAA 

database). For additional information, see the Web site. 

^ The ALJ held that Respondent violated the following regulations: 14 C.F.R. §§ 119.5(g), 

119.5(k), 135.21(a), 135.63(a)(4), 135.95(b), 135.293(a), 135.293(b), 135.299(a). 135.341(a), and 

135.343. 
stockholder. The ALJ's office, instead, mistakenly sent the written initial decision to 

Respondent's former counsel, who withdrew on the day of the hearing.'' 

Mr. Weiser filed Respondent's notice of appeal on February 23, 2010, stating that 

he received the initial decision that day.^ He wrote in the notice of appeal that the 

"appeal is as to all appealable issues herein" without any elaboration. Respondent did not 

file an appeal brief or seek an extension of time to file an appeal brief. 

On May 5, 2010, the FAA filed a motion to dismiss, arguing that Respondent had 

failed to perfect its appeal by filing an appeal brief. The FAA served a copy of the 

motion to dismiss on Respondent, but Respondent did not respond. 

Under 14 C.F.R. §§ 13.233(c) and 13.211(e), Respondent was required to perfect 

its notice of appeal by filing an appeal brief, stating its arguments and the basis of its 

appeal,* no later than 55 days after service of the ALJ's written decision.^ It is not clear 

fi-om the record in this case when the initial decision was actually served. However, even 

^ The ALJ permitted Respondent's counsel to withdraw due to a potential conflict of interest 

during the first day of the hearing on March 2, 2009. (1 Tr. 126-130.) 

' In the motion to dismiss, the agency attorney wrote that she sent a copy of the initial decision to 

Mr. Weiser on February 11, 2010, and that the ALJ's legal assistant sent a copy of the initial 

decision to Mr. Weiser on February 16, 2010. 

* The required contents of an appeal brief are set forth in 14 C.F.R. 13.233(d)(1), as follows: 

A party shall set forth, in detail, the party's specific objections to the initial decision or 

rulings in the appeal brief. A party also shall set forth, in detail, the basis for the appeal, 

the reasons supporting the appeal, and the relief requested in the appeal. If the party 

relies on evidence contained in the record for the appeal, the party shall specifically refer 

to the pertinent evidence contained in the transcript in the appeal brief 

^ Under 14 C.F.R. § 13.233(c), "a party shall perfect an appeal, not later than 50 days after ... 

service of the written initial decision on the party, by filing an appeal brief with the FAA 

decisionmaker." The party has an additional 5 days in which to file an appeal brief from a written 

initial decision, under the "mailing rule" in 14 C.F.R. § 13.211(e). As a result, a party has a total 

of 55 days in which to file an appeal brief after the service of a written initial decision by an ALJ. 
if the appeal briefs due date is computed fi-om the date of receipt of the initial decision 

on February 23, 2010, Respondent should have filed the appeal brief by April 19, 2010. 

Accordingly, Respondent's appeal is subject to dismissal under 14 C.F.R. 

§ 13.233(d)(2).* 

THEREFORE, IT IS ORDERED THAT: Respondent's appeal is dismissed. 

J. RANDOLPH BABBITT, ADMINISTRATOR 

Federal Aviation Administration 

VICKI S. LEEMON' 

Manager, Adjudication Branch 

* Section 13.233(d)(2) provides: 

The FAA decisionmaker [the Administrator] may dismiss an appeal, on the FAA 

decisionmaker's own initiative or upon motion of any other party, where a party has filed 

a notice of appeal but fails to perfect the appeal by timely filing an appeal brief with the 

FAA decisionmaker. 

' Issued under authority delegated to the Chief Counsel and the Assistant Chief Counsel for 

Litigation by memorandum dated October 27, 1992, under 49 U.S.C. § 322(b) and 14 C.F.R. 

§ 13.202 (see 57 Fed. Reg. 58,280 (1992)) and redelegated by the Assistant Chief Counsel for 

Litigation to the Manager, Adjudication Branch, by Memorandum dated August 6, 1993.