UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 1% i? C 

WASHINGTON. D.C. ,,.*^. -•-' f ^ V l\ l Ir * ^ 

IN THE MATTER OF ,,r. \ \ l\ 

GERALD W. KELLER ^ ' . ..-i/P T 

FAA DOCKET NO. CP06GL0007 i" --* '' ^ " 

(Civil Penalty Action) 

DMS No. FAA-2006-25869 

(FAA CASE NO. 2006-GL-13-0038) 

Administrative Law Judge Isaac D. Benkin ' 

MOTION TO DISMISS 

RESPONDENT'S j 

NOTICE OF APPEAL AND/OR REQUEST FOR EXTENSION OF TIME TO APPEAfc 

NOW COMES the Agency, by its attorney, and hereby responds to the Respondent's 

Notice(s) of Appeal, and requests that they be dismissed. 

Respondent has filed his appeal in the alternative. It is either an untimely appeal of the 

Judge's July 24, 2007 Order granting the Agency's Motion to Dismiss without Prejudice, or an 

untimely appeal of the Final Notice Of Proposed Civil Penalty dated March 26, 2008. 

UNTIMELY APPEAL OF THE JUDGE'S DECISION 

On July 24, 2007, Judge Benkin issued Order granting the Agency's Motion to Dismiss [its 

Complaint] without Prejudice. 

On July 30, 2007, Respondent served a Motion to Vacate that Order, essentially an appeal of 

the Judge's decision granting the Agency's Motion, but failed to file it with the FAA 

Decisionmaker in accordance with 14 CFR 233\ 

13.233 Appeal from initial decision 

(a) Notice of appeal. A party may appeal the initial decision, and 

any decision not previously appealed pursuant to Sec. 13.219, by filing 

a notice of appeal with the FAA decisionmaker. A party shall file the 

notice of appeal with the Federal Aviation Administration, 800 

Independence Avenue, SW., Room 924A, Washington, DC 20591, Attention: 

Appellate Docket Clerk. A party shall file the notice of appeal not 

later than 10 days after entry of the oral initial decision on the 

record or service of the written initial decision on the parties and 

shall serve a copy of the notice of appeal on each party. 

Or 14 CFR 219 . 
While Respondent filed an objection with the Administrative Judge, who had lost jurisdiction 

when the Complaint was dismissed. Respondent failed to file an appeal of that decision with the 

FAA decisionmaker until February 26, 2010 almost 29 months later. 

UNTIMELY APPEAL OF THE AMENDED FINAL NOTICE OF PROPOSED ASSESSMENT 

On August 21, 2007, the Agency withdrew its Final Notice of Proposed Civil penalty dated 

September 1, 2006 and the Notice of Proposed Civil Penalty dated July 20, 2006, and issued 

an amended Notice of Proposed Civil Penalty. 

Respondent requested an informal conference, and on January 2, 2008, that informal 

conference was held with the Respondent participating. 

On March 26, 2008, the second Final of Proposed Civil Penalty issued, which afforded 

Respondent his appeal rights. That correspondence was sent to him via regular and certified 

mail. The United States Post office indicates that the certified mail copy was delivered April 2, 

2008^, and the regular mail copy was not returned. 

Having received no response, on February 8, 2010, the Agency issued an Order Assessing 

Civil Penalty in this case. 

On February 26, 2010 almost two years after the Final Notice was issued, Respondent filed his 

first indicia that he wished to appeal that Final notice, almost two years after the Final notice 

had issued. 

PRAYER 

Respondent has twice failed to timely file an appeal, or show good cause for why he has failed 

to timely file an appeal to either action. The Agency urges that Respondent's appeal(s) be 

dismissed as untimely. 

Respectfully 

Glenn L. Brown 

Senior Attorney 

^ The certified letter was returned to Counsel's office April 22, 2008, opened 

with the handwritten notation ''Not at this address return'd to sender" . This 

letter had been sent to the same address at which all of previous and 

subsequent correspondence has been received by the Respondent. 
IN THE MATTER OF 

GERALD W. KELLER 

FAA DOCKET NO. CP06GL0007 

(Civil Penalty Action) 

DMS No. FAA-2006-25869 

(FAA CASE NO. 2006-GL-13-0038) 

Administrative Law Judge Isaac D. Benkin 

SERVICE SHEET 

AGENCY'S MOTION TO DISMISS RESPONDENT'S NOTICE OF APPEAL AND/OR 

REQUEST FOR EXTENSION OF TIME TO APPEAL 

VIA REGULAR MAIL 

Hearing Docket (2 copies) 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Room 2014 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Room 924A, Washington, DC 20591, 

Attention: Appellate Docket Clerk. 

The Honorable Isaac D. Benkin 

Administrative Law Judge 

Office of Hearings, M-20 

Room 5411 

U.S. Department of Transportation 

400 Seventh Street, S.W. 

Washington, D.C. 20590 

Gerald W. Keller 

2290 Bascomb Camel Road 

Woodstock, GA 30189 

Dated this 5'^ day of March 2010 

fda Quiles 

al Technician 

FAA Great Lakes