SERVED FEBRUARY 2, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF: ) 

) DOCKET NO. FAA-2011-1011 

TITAN COATINGS, INC. ) 

) CaseNo. 2010SO700316 

Respondent ) 

ORDER GRANTING MOTION TO DISMISS 

On September 13, 2011 the Respondent, Titan Coatings, Inc., filed a Request for 

Hearing. 

On October 6, 2011 the Complain^^nl, the Federal Aviation Administration 

(FAA) filed a Motion to Dismiss Respondent's Request for a Hearing pursuant to 14 

C.F.R. §13.208 and 14 C.F.R. §13.218. 

On December 20, 2011 a Notice of Assignment of Proceeding was filed. 

On January 4, 2012 an Order to Show Cause Why Dismissal Order Should Not 

Enter was filed. Among other things, this Order directed the Respondent, Titan Coatings, 

Inc., to file a Response to the Order to Show Cause on or before January 17, 2012. The 

FAA was given a deadline of January 27, 2012 to file a Reply (if any). 

On January 5, 2012 the FAA filed a letter in which it noted that on September 29, 

2011 (i.e., sixteen (16) days after the Respondent filed its Request for Hearing) the 

Respondent remitted full penalty payment of $26,000 on the charged violations. As a 

result, on November 16, 201 i the FAA acknowledged full payment from the Respondent 

and closed its file. 

It appeared undisputed that prior to January 5, 2012, the FAA had not notified the 

Office of Hearings of the Respondent's September 29, 2012 full penalty payment or the 

FAA's subsequent file closure. 

On Januaiy 11, 2012, the Respondent filed a one page letter, in which it 

acknowledged that it had already paid the full penalty of $26,000 on the advice of 

counsel, rather than to proceed with fiirther action. The Respondent noted in its January 

11, 2012 letter, however, that it still perceived the $26,000 penalty that it paid in 2011 to 

be "unreasonable and excessive." The Respondent also asserted that it would still like to 

have a hearing on the matter. The Respondent did not provide any specific response to 

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the factual arguments or legal authority cited by the Complainant in its October 6, 2011 

Motion to Dismiss. 

The FAA did not file any Reply to the Respondent's January 11, 2012 letter. 

After reviewing all the pleadings, motions and documents, reviewing all relevant 

casclaw. decisions, statutes, and regulatory authority, and being fully advised: 

IT IS HEREBY ORDERED: 

1. Pursuamto 14 C.F.R. §I3.16(e)(l)(i), 14 C.F.R. §13.16(e)(2), and 14 C.F.R. 

§ 13.211 (h), the Respondent's Request for a Hearing, filed on September 13, 2011, 

was untimely. 

2. Pursuamto 14 C.F.R. §13.208(a), 14 C.F.R. §13.211(e), and 14 C.F.R. §13.212, 

the FAA's Motion to Dismiss, filed on October 6, 2011, was timely filed after 

receipt of the Respondent's Request for a Hearing. 

3. Pursuant to hi the Matter of Canuck lndus!ries, Docket No. FAA-2000-7726 

(Decision and Order, May 10, 2002), an untimely request for hearing may only be 

excused upon a showing of good cause. The Respondent herein has failed to 

present facts showing good cause exists to excuse its untimely Request for 

Hearing. 

4. Pursuant to 14 C.F.R. §13.218(0(2)(i) the FAA's Motion to Dismiss is granted. 

This case is dismissed with prejudice, and the docket is closed. 

livan 

istrative Law Judge 

Attachment; Service List 

Page 2 of 2 
FDMSNo. FAA-2011-101 

(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 2W1OOO' 

ONE COPY 

Robert Hanna, President 

Titan Coatings, Inc., Respondent 

2025 Exchange Place 

Bessemer, AL 35022 

TEL: 205-426-8149 

FAX: 205-426-8152 

C. Clark Collier, Respondent's Counsel 

Law Offices of C. Clark Collier, LLC 

300 Royal Tower Drive 

Binningham, AL 35209 

TEL: 205-874-1912 

FAX: 205-874-1915 

Rashavvn Rich George, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2132 

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 2WI000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC^jQ.