11/15/2012 08:56 FAX 2024935142 FAA 

******•··-···~~~~~t**********·-~~~~-~***•••******•••••§ 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

v. 

AEROWELD, INC. 

Respondent. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

-. OMS 

DOCKET NO. NOT ASSIGNED. 

FAA Case No. 2011SW170132 

141001/013 

fAA- :1 o1;;;.- Dro1 

COMPLAINANT'S MOTION TO DISMISS THE REQUEST FOR A HEARING 

· The Federal Aviation Administration (FAA), Complainant herein, by counsel, hereby 

files its Complainant's Motion to Dismiss The Request For A Hearing, pursuant to the Rules 

of Practice, 14 C.F.R. 13.218(f)(2)(i), and states as follows: 

I. 

Complainant issued a Notice of Proposed Civil Penalty (Notice) to Respondent on 

January 26, 2012, by Certified Mail, Return Receipt Requested, U.S. Postal First Class 

Mail. A Reply Form For Notice of Civil Penalty (Reply Form) was included with the Notice. 

The Reply Form states "In reply to your Notice of Proposed Civil Penalty, I elect to proceed 

as indicated by my check mark(s) beside the numbered paragraph (s) below". Pursuant 

to14 C.F.R 13.16(f), Respondent was to 1) submit the amount ofthe proposed civil penalty, 

2) Submit to the agency attorney one of the following i) Written information demonstrating 

that a violation of the regulations did not occur, ii) a written request to reduce the proposed 
11/15/2012 08:58 FAX 2024935142 FAA -> OMS ~002/013 

civil penalty, iii) a written request for an informal conference to discuss the matter with the 

agency attorney, or 3) Request a hearing. 

Following issuance of the Notice, Complainant did not receive the return receipt from 

the certified letter nor did the U.S. Post Office return the regular mail letter. Furthermore, 

Complainant did not otherwise receive a response to the Notice from Respondent. 

On or about April23, 2012, Complainant mailed a Final Notice of Proposed Civil 

Penalty to Respondent. On April26, 2012, the agency attorney received, as an attachment 

to an e-mail, a Reply Form dated January 21, 2012, which requested a telephonic informal 

conference. Although the Reply Form was dated January 31, 2012, Complainant did not 

receive this Reply Form until the date of the e-maii·--April26th. See Exhibit "A". Upon 

receipt of this Reply Form, Complainant withdrew the Final Notice of Proposed Civil Penalty 

dated April 23, 2012. See Exhibit "B". 

Complainant held an informal conference with Respondent on June 5, 2012. An 

offer to settle the matter was mailed to Respondent on July 25, 2012. See Exhibit "C". 

On or about August 17, 2012, Complainant received from Respondent a second 

Reply Form, dated August 15, 2012. Not having received a response to her settlement 

offer, agency counsel placed this second Reply Form in the enforcement file. 

On or about September 17, 2012, the agency attorney placed a call to Respondent 

regarding the settlement offer made on July 251

h. She was told by Respondent that they 

had made a request for hearing. Complainant then waited for confirmation that a request 

for hearing had in fact been made by Respondent, either in the form of a letter or writing, 

not realizing that Respondent was referring to the second Reply Form dated August 15. 

2012. When no written request for a hearing was received, or any other written 
11/15/2012 08:58 FAX 2024835142 FAA + OMS 141 003/013 

correspondence, agency counsel then issued a Final Notice of Proposed Civil Penalty 

(Final Notice) to Respondent on September 18, 2012, pursuant to 14 CFR § 13.16(g)(2). 

The Final Notice advised Respondent that unless the request for a hearing was received 

within 15 days after receipt of the Final Notice, Complainant would issue an Order 

Assessing Civil Penalty and they would have no further right to a hearing. 

On November 8, 2012, when no response to the Final Notice was received from 

Respondent, and before issuing an Order Assessing a Civil Penalty pursuant to 14 CFR § 

13.16(d)(2), Respondent was called to determine whether or not any response to the Final 

Notice had been sent. Respondent, instead, sent Complainant a copy of the second Reply 

Form dated August 15, 2012. See Exhibit "D". This Reply Form checked paragraph 7 on 

the second page ofthe form, requesting a hearing, presumably pursuant to 14 C.F.R 

13.16(f)(3). See Exhibit "D". 

II. 

Respondent failed to timely request a hearing after issuance of a Notice pursuant 

to14 C.F.R 13.16(1)(3). Instead, Respondent untimely requested an informal conference 

pursuant to to14 C.F.R 13.16(1)(2)(iii), after issuance of a Final Notice, thereby requiring 

agency counsel to withdraw the Final Notice in order to accommodate the belated request 

for an informal conference. Respondent's request for hearing dated August 15, 2012, was 

untimely. Pursuant to 14 C.F.R 13.16(g)(2), Respondent has a second opportunity to 

Request a hearing after issuance of a Final Notice of Proposed Civil Penalty, which 

Respondent failed to do. 
11/15/2012 08:58 FAX 2024935142 FAA -+ OMS 141004/013 

WHEREFORE, Complainant, by counsel, respectfully requests that the 

Administrative Law Judge enter an order granting Complainant's Motion to Dismiss the 

Request For a Hearing. 

Respectfully submitted this 9th day of November, 2012. 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

By: ~-.A---1__ . .'~ Yolanda Ayala Bernal 

Agency Attorney 

(817) 222-5070 

FAX (817) 222-5945 
11/15/2012 08:58 FAX 2024835142 FAA + OMS ~005/013 

CERTIFICATE OF SERVICE 

I hereby certify that on this date the original and a copy of Complainant's Motion to 

Dismiss the Request for Hearing Federal Express mail and FAX to: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building, Room 2014 

Washington, DC 20591 

Att: Hearing Docket Clerk, AGC-430 

FAX: 202-493-5142 

I hereby certify that a copy of Complainant's Motion to Dismiss the Request for 

Hearing was sent by Federal Express mail to: · 

Jeffrey S. Ruth 

Aeroweld, Inc. 

433 Breezport 

San Antonio, TX 78216 

Sylv· "C _ Twa, Paralegal 

Fed ral Aviation Administration 

Fort Worth, Texas 76193-0007 

Dated: November 9, 2012 
11/15/2012 08:58 FAX 2024835142 FAA + OMS 

To: 

Cc: 

Bee: 

Subject: FW; (Image File} Angela Emaii,BIZHU8200, #494 

From: "Angela Torres" <alorres@aogserv.com> ·Thursday 04126/2012 02:00PM - ......... --'----- _ ........... ,., __ , __ , __ , _________ , ...... - ·--- History: This message has been replied to and forwarded. 

Archive: This message is being viewed in an archive. 

1 attachment 

Drf•· 

BIZHUB200201204:26134608.pdf 

Attached is the completed Reply Form for Notice of Proposed Civil 

Penalty. Please verify you receivea. Please let me know if you have 

any qu~stionc. Thank you very much. 

Ang-ela Ton·es 

Aeroweld, Inc. 

P: 210-366-2449 

F: 210-366·2619 

atorres@aogeerv.com 

---·-Original Message···---

From: :i.nfotiqaogserv. com [mail to: info@aogserv. com) 

Sent: Thursday, April 26, 2012 1:46 PM 

To: Angela Torres 

Subject: [Image File] Angela Ernail,BIZHOB200, #494 

FROM: 

Image data has been attached to 

t.he E-Mail. 

Ill 008/013 

~ GOVERNMENT 

~ IXHIBIT 

I __A. 
11/15/2012 08:58 FAX 2024835142 FAA +OMS· 141007/013 

4 

I 

'I 

REPLY FORM FOR 

NOTICE OF PROPOSED CIVU. PENAJ,TY 

:I 

U~te _./-: .31- /.< YH~!I--~.d I 

Tb: AertJNeJd, ~a. I 

' 

f~deral Aviation Administration 

qffic~ of the Regional Counsel 

S~uthwest Region 

FAA ATl'ORNEY 

2601 Meacham Blvd. Room 663 F;rrt Worth, TX 7 613 7 . 

Sr~ecto Notice of Proposed Civil Penalty, Case No. ~ji (<)I 7 t! (3:z_., _ 

In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check 

mark(s) beside the numbered paragraph(s) below: 

I 

l~a. [ ] I submit the amount of the proposed civil penalty with the understanding that an 

qrder Assessing Civil Penalty will be issued in that amount without further notice~ I also 

ujnderstand that I am waiving my right to a hearing. 

( J Cb.eck or money order enclosed 

[ J Charge to ViSA credit card (Cardholder Name). . ·--· 

[ ] Charge to Ma.o;terCard credit card (Cardholder Name ___ ·-----

Card No. __ ~ Expiration date ___ _ 

l.b. [ ] I have paid the amount proposed in scttle1nent ofthis matter with a credit card over 4e Internet at the following website: 

.fu!.P-s://www.pay.g<?.V: 

i 2. [ J I submit evidence and information, demonstrating that a violation of the regulations 

~id not occur or that the amount of the penalty is not warranted by th~ circumstances. 

! 

t

. [ ] I submit information and records showing that I am tinancially Wlable to pay Lhc 

ro~osed civil penalty~ or that payment of the penalty would prevenl me from contimJing in 

usmess. · 

I 

~· [ ] I request that a civil penalty be assessed in the amount of$_ and I submit 

1he reasons tor reducing the proposed amount. My request constitutes rny agreement that if this 

~ffer is acceplcd by the FAA an Order Assessing Civil Penalty in the amount l have specified may 

~e issued without further notice. My request also constitutes my agreement that I have waived my 

right loa hearing if my otfer is accepted. Ifthe FAA docs not accept Lhis offer, however, my right 

to a hearing is not affecled. 

! 

5.a. . [ 1'"1 request a telephonic infonnal conference to discuss this matter with an FAA 

ftomey. An attorney will eall you at the telephone number you provide herco ,;( / tJ ~ 570 -7.re1 
11/15/2012 08:58 FAX 2024935142 FAA + OMS ~008/013 

·I ~./ 5 ( j .L.._ ··-·-~ . You will be provided at least 2 weeks advance notice of the date and 

tim o_~this ~onferencc. NOTE: If you choose to discuss this matter informally hy telephone, you 

sho ld provtdc any documents or other information you wish to have considered on your behalf 

bef< · re he date ofthe informal conference. ' I . 

5.b. /f. l J request an in-person informal conference with an FAA attomey to discuss this 

mat er:at ---·· ----···· (choose an_,FAA otfice fr:om the attached list).. If 

you cN~osc this option and request an informal conference at an FAA facility, you~ co1: pl~te the attached form entitled "Request for Visit to Department of Transportation, 

Fe~ rrl Aviation Administration Facility'' and attach it to tbc reply form. 

6. i I ( ] l request that the FAA impose a civil penalty without making findings of 

violr.t+~s, a~d !i~bmit n1y reasons in support ofthis .reque~t. My_ request constitutes my_ agreement 

tha~ltl1hJs offer lS accepted, a Compr01mse Order wdl be tSsued til the amowlt set forth m the 

Not1cd of Proposed Civil Penalty. My request also constitu.te.'i my agreement that ifthis offer is 

(l<;c/tpt~Jd, 1 haVII. waived my right 10 a hearing. 

I : 

My )sdcial Security Number or Tax Identification Number is . \ I - ---·----··• 

' I 

7, ~ [ l 1 request a hearing in accordance with Subpart G of·Part 13 ofthe Federal Aviation 

Re 1lttions with the understanding that a Complaint will be filed. I request that the hearing be 

hek it ----··· .. . 1 am sending this request both to the FAA attorney 

--f·--·--· ... .. _ } ,and to the Hearing Docket~ If deli very is in person, or via 

exp <.Hted courier ::;crvice: Federal Aviation Administration, 600 Independence Avenue, SW., 

Wi t!(r Wright Bldg-Suite 2W1000, Washington, DC, 20591, Attention: Hearing Docket Cle1·k, 

A~} ~430. If delivery is via U.S. Mail: Federal Aviation Administration, 800 Independence Ave., 

S ., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC·430, WilburWright Bldg-· 

Sui! d2W1 000. . 

sJfure: £. s~ ·-·-·· NaJ~e: J::\ A.- o\ J (\, ~:':> !) ~"" ~ \, ~ Adjlrrs~; LL.J1

?t w..,~/r,rL. s. ,t zy_ 

I ' _2_f'd.l/p. .---.. 

rei~hone: OliO) 5 90 - 2r#': ______ _ Da. e:1 .. /.., 31 ~ I_ Z- _ 

Ct.\:f~~~No.: ~/....5_p_; 170 I 7£ 

I i r 1 

Nal ~.: r. 

I request tha.t future documents in this case be sent to my representative: 

--------~------

Adldlfess: I '! --··---

--·· -·--·--·---

T• •fhon<: ---------· ---,·--·· ·---

I : 
11/15/2012 08:58 FAX 2024835142 

US Dopartml'!li1 

()f Tronsp<.'rtclion 

Federal Aviation 

Administration 

April27, 2012 

FAA 

Southwest Reg1on 

Ark<~nsas. LoUisianQ. 

New MeJ:ico. OklahoiTla 

Tex11i; 

Case No. 2011SW170132 

CERTIFIED MAIL- RETURN ~E;CEIPT REQUESTED 

Mr. Harold T. Staples, CEO 

Aeroweld, Inc. 

11811 Warfield 

San Antonio, TX 78216 

"' OMS Ill 008/013 

Offoce of Reg1onal Counsel 

2601 Meacham Blvd., Rm. 663 

Fort Worth, TX 76193-0007 

(817) ?.22-5099 

(1:117) 222-5945/5092 FAX 

WITHDRAWAL OF FINAL NOTICE OF PROPOSED CIVIL PENALTY 

The Final Notice of Proposed Civil Penalty dated April23. 2012, is hereby withdrawn. 

I have scheduled the Telephonic Informal Conference and the notice is enclosed. 

If you have any questions, I can be reached at the number below. 

Sincerely, 

ERIC E. ANDERSON 

Acting Regional Counsel 

1 ~ v 

Southwest Region fr 

. .. A ,L_ .. '-...__ .. / 

By: 

Yolanda Ayala Bernal 

Senior Attorney 

Safety Enforcement Branch 

Phone: (817)222-5070 

FAX: (817) 222-5945 or 5092 

e-mail: Yol<mda.A.Bemal@faa.gov 

Enclosure: Notice of Telephonic Informal Conference ~ GOVERNMENT i EXHliiT I .....:J'BOL---_ 
11/15/2012 08:57 FAX 2024935142 

lJ S. Dcpmtm~nt 

n( lronsp<,natrt)ll 

Federal Aviation 

Administration 

April 27, 2012 

FAA 

Southwest Reg ron 

Arkansas, Louisrana. 

New Mex1co, Okllilhomill 

Texas 

Case No. 2011SW170132 

CERTIFIED- RETURN RECEIPT REQUESTED 

Mr. Harold T. Staples, CEO 

Aeroweld, Inc. 

11811 Warfield 

San Antonio, TX 78216 

~ OMS 

Offrce of RP-gronal Co1.1r1sel 

2601 M!lacham Blvd Rm 663 

Fort Worth, TX "(6137-0007 

(6 17) 222··50.99 

(817) 222-5945/5092 FAX 

NOTICE OF TELEPHONIC INFORMAL CONFERENCE 

~010/013 

This is to advise that the undersigned will be at the Office of the Regional Counsel, 

Federal Aviation Administration, Southwest Region Headquarters, 2601 Meacham 

Blvd., 6th Floor, Room 663, Fort Worth, Texas 76137, at 10:00 a.m. on June 5, 2012, 

for the purpose of conducting the telephonic informal conference you requested 

concerning the charges in our Notice dated January 26, 2012. 

At this conference, you will have the opportunity to be heard as to why the proposed 

action should not be taken and to present any facts you wish considered. 

The agency attorney will place the telephonic informal conference call to 

(210) 590-7888 at the time and date stated above. 

Please do not fail to make yourself available to receive the predetermined telephone 

calL 

ERIC E. ANDERSON 

Acting Regional Counse 

Southw(t Region .. / 

' A- /' -- By: 

Yolanda Ayala Bernal 

Senior Attorney 

Safety Enforcement Branch 

TEL: (817) 222-5070 

FAX: (817) 222~5945 or 5092 

e-mail: Yolanda.A.Bemal@faa.gov 

cc: Inspector by E-Mail 
11/15/2012 08:57 FAX 2024835142 FAA 

\.1 S !)O<)On'Tu:• ,: 

1)1 rr'l"spmm\JQii 

Federal Aviation 

Administration 

Southwus1 ReaJQn A.1l<.ansa~. 1 ouhums. 

New Me:w:1co Okl<~troma 

Texas 

.July 25. 2012 

~fr. llaruld T. Slapk·!:i, CEO 

Ac1·owcld. Inc. 

!lSI I W;1rl"idd 

San Antonio. I'X 78216 

Dea1· Mr. Stnplc:i; 

Aftct L:~Jn:-.idcntli~m of the inl(mm.Hion prescnlcu at 

on Jun~ 5. 2012. we arc willing to scnk thi:; n 

Please advise. 

Sincerely. 

ERIC E. ANDERSON 

Regional Coun!icl 

Southwt!st Rt:gion 

By: u .. 

Y olan<h~ A. fS..:mal 

Senior Attorney 

Safety l~nforccmcnl nranch 

TEL: (817) 222-5070 

rAX: (817) 222-5945 or 5092 

F. mail Yolanda. A. !Jernal@/(1£1.¥,01' 

.. OMS 

Off1•:P. ot Reg,onal CoJJriSel 

7.bll1 M<?ar.harn Blvd Hrl' f,(",:; 

fotlWonh, fX ?(,1:l7-0001 

~8171 222· 5091'1 

(t17t n?-5945150ii7 F"AX 

141011/013 

~ GOVERNMENT 

zl EXHIBIT 

c 
11/15/2012 08:57 FAX 2024935142 FAA -+ OMS ~012/013 

'"!I'',,,- C"'l ""i ., .-~ •. ', ' .... I -·· ":1 •••• _, ,1,~ \,.ai!LT- 1 ~~~~~~ • ) ..:._ u ,I 1• I ,... 1., •,.~ 1\, ,. 

REPLY FORM FOR 

NOTICE OF PROPOSED CNIL PENALTY 

Date 

1 

, 

o: ne 

11 

'ii?/15 

1 

~ 

oWt:A .. /fl « 

/;;x-,, 

-r 

::t 

~ 

JJa.dn. 

FAA ATTORNEY 

~ 

1 ..t-nc. 

Federal Aviation Administration 

Office of the Regional Counsel 

Southwest Region 

2601 Meacham Blvd. Room 663 

Fort Worth, TX 76137 

Subject: Notice ofProposed Civil Penalty, Case No. J,tJjt__fi_(j)j_7cJ..!.,J~ .. 

In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check 

mark(s) beside the numbered paragraph(s) below: 

La. [ l l submit the amount of the proposed civil penalty with the understanding that an 

Order Assessing Civil Penalty will be issued in that amount without further notice. I also 

understand that I am waiving my right to a hearing. 

l ] Check or money order enclosed 

[ ) Charge to VISA credit card (Cardholder Name)::----

[ ] Charge to MasterCard credit card (Cardhold~r Natne 

Card No. ____ _ Expiration date 

4 

l.b. [ 1 I have paid the amount proposed in settlement of this matter with a credit card over 

the lntcmet at the following website: 

https://?.JWW.pay.gov 

2. r ., [submit evidence and information. demonstrating that a violation of the regulations 

did not occur or that the amount of the penalty is not warranted hy the circumstances. 

3. l ) I submit infonnation and records showing that 1 am financially unable to pay the 

proposed civil penalty, or that payment of the penalty would prevent me from continuing in 

business. 

4. [ ] I request that a civil penalty be assessed in the amount of$ ____ and T submit 

the reasons for reducing the proposed amount. My request constitutes my agreement that if this 

offt:r is accepted by the FAA an Order Asse~'>sing Civil Penalty in the amount f have specified may 

he issued withO\lt further notice. My request also constitutes my agreement that I have waived my 

right to a hearing if my offer is accepted. Ifthe FAA <locs not accept this offer, however, my right 

to a hearing is not affected. 

5.a. r I 1 request a telephonic informal conference to discuss lhis matter wit.h ... a·r·l·f·A·A-....... ~, 

attorney. An attorney will cidl you at the telephone number you provide here: .411 ; GO'IERNMENT I D"IB1T 
11/15/2012 09:57 FAX 2024935142 FAA + OMS ~013/013 

5 

( ), __ . You wil] be provided at least 2 weeks advance notice of the date and 

time of this conference. NOTE: If you choose to discuss this matter informally by telephone, you 

should provide any documents or other information you wish to have considered on your behalf 

before the date of the informal conference. 

S.h. [ 1 1 request an in-person informal conference with an FAA attorney to discuss this 

matter at (choose an FAA Q.fflce from the attached~~~~). If 

you choose this option and request an informal conference at an f4'AA facility, you !!!!ill 

complete the attached form entitled "Request for Visit to Department of Transportation, 

Federal Aviation Administration Facility" and attach it to the reply form. 

6. r l I request that the FAA impose a civil penalty without making 11ndings of 

violations, and submit my reasons in support of this request. My request constilutes my agreement 

Lhal if this otfcr is accepted, a Compromise Order will be issued in the amount set forth in the 

Notice of Proposed Civil Penaity. ivfy requesr also constz'tute.\· my agr11ement thut ifthis q{f'er is 

accepted, I have waived my right to a hearing. 

My Social Security Number or Tax Identification Number is ---

7. [v(' I request a hearing in accordance with Subpart 0 ofPart 13 ofthe Federal Aviation 

Regulations with the understanding that a Complaint will be filed. I request that the hearing be 

held in&;.,;;;. ~clo"=n'O ;r" . 1 am sendin~ this request bot~ to th~ ~AA attorney _ 

'io\ts .X):;. ~s::t"'~>!!:..:\ ], and to the Heanng Docket, If dehvery 1s m person, or v1a 

expedited courier service: .Federal Aviation Admini.<>tration, 600 Independence Avenue, SW., 

Wilbur Wright Bldg-Suite 2W1000, Washington, DC, 20591, Attention: Hearing Docket Clerk, 

AGC-430. If delive is via U.S. Mail: Federal Aviation Administration 800 Independence Ave., 

SW Washin o 591 Attention; Hearin. Docket Clerk AGC-430, Wilbur Wrig 1t Bld --

Suite 2Wl00.9-

Signature: 

Name: 

Address: 

Telephone: 

Date: 

Case No.: 

r 1 

Name: 

.Address: 

Telephone: 

Y :=:, -3. [:) o: c2:--po..c_':\::,-+---

Sc-c.,;,·~~co;-rx, 7~'-b 

?JZ;J~··7~~~~ 

-;;>ci\S,e) J'JZ) ,·3~ 

I request that future documents in this case be sent to my representative: 

-----·· -- ..... ------------

----------~- .. "'-------- .. ,. -- --···------ ""'- -