### SERVED: NOVEMBER 30, 2011 U.S. DEPARTMENT OF

**TRANSPORTATIO~** OFFICE OF HEARINGS 

# ECEIVED

WASHINGTON, DC 

## DEC- 6 

## 20H INTHEMATTEROF 

# HEARING DOCKET Air Ambulance by Air Trek, Inc. FAA DOCKETNO. [TO BEASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2011-1003



### ORDER OF CIDEF ADMINISTRATIVE LAWJUDGE ESTABLISHING PROCEDURES This proceeding arises from a complaint served September 2, 2011, alleging violation of the Federal Aviation Act/Regulations, and Respondent's request for hearing dated August 16, 2011. The undersigned administrative lawjudge was assigned to this proceeding byNotice served November 30, 2011. The Rules ofPractice for this proceeding are set forth inPart 13, Subpart G, ofthe Feder

### a1 Aviation Regulations (14 C.P.R.§§ 13.201-13.235 (2010)). Those rules provide, 

### inter alia, that Respondent must file a written answer ormotion within 30 days after service ofthe cornplaint(§ 13.209(a)); that a general denial is deemed a failure to file an answer(§ 13.209(e)); that failure to file an answer without good cause is deemed an admission ofeach allegation in the complaint(§ 13.209(f)); and that a party seeking an extension oftime mustfile a written motion at least seven days before the document is due, absent agreement ofthe parties or good cause shown(§ 13.213(a), (b)). To expedite the hearing in this matter, Complainant and Respondent, onor beforeDecember 30, 2011, shall file (1) any amendment ofthe complaint or answer; 1 (2) an agreed or separate proposed procedural schedules, including proposed dates 

### (i.e., specific dates, not merely numbers or days before the hearing) for (a) filing stipulations, a list ofwitnesses, a summary of their proposed testimony, and for (b) exchanging exhibits and discovery, ifany; (3) a statement concerning the status ofsettlement efforts; and (4) a proposed hearing site and, absent agreement ofthe parties, ajustificationofthe proposed site. See 14 C.F.R. § 13.217. Under FAA Order 2150.3B (Oct. 1, 2007) and the Rules governing these proceedings, Complainant and Respondent should continue to consider the possibility ofsettlement and compromise ofthis matter2 In connection with suchdiscussions, the parties should notethat FAA Order 2150.3B, which establishes standards for the Complainant's conduct and settlement ofthis proceeding, is available onthe Intemet. 3 See, in particular, chapter 6 (Legal Enforcement Actions and Legal Counsel Responsibilities); and either (a) Appendix B (Table ofSanctions), pages B-1-BS (Part One- Abbreviations and Definitions) and those portions ofPart Two- Sanction Guidance Tables, which applyto particular allegations not involving hazardous materials; or (b) Appendix C, whichpertains to hazardous materials cases. Upon request ofRespondent, Complainant shall provide Respondent a copy ofthe applicable referenced provisions.

1 Further amendments are notanticipated absent good cause shown. Though 14 C.F.R. § 13.214(b)(1) permits ameudments at anythne more than 15 days before a hearing, utilization ofthatprovision wouldprevent orderly preparation for a hearing and could prevent any hearing at all, because notice ofa hearing must be given 60 days in advance. § 13.22l(a). An amendment thatrulght be filed 15 days priorto the hearing would entitle the otherpartyup to 20 days in whichto reply(§ 13.214(c)), and could generate a newround ofschedules(§ 13.217), motions(§ 13.218), and discovery (§ 13.220), necessitating apostponement ofthe hearing, a new 60-daynotice, etcetera adinfinitum. 2 SeeLindaJoyce Goodman, FAA DocketNo. CP89WP0061, DMS No. FAA-2004-18292, at 11 (May 30, 1989), available atwww.regulations.gov (concluding that "the prosecuting agency attorney must consider settlement andthatthe Rules do not permitthe ChiefCounsel to exercise policy control or decisionmaking in this case or in civil penalty cases generally so as to denyprosecutorial discretion with respect to settlement and compromise to the agency attorney as defined in the rules"). See also Exec. OrderNo. 12,988, 61 Fed. Reg. 4729 (Feb. 5, 1996), which refers to facilitating thejust and efficient resolution ofcivil claims involving the United States Govermnent and directs Federal agencies and their litigation counsel to, "as soon as practicable after ascertaining the nature ofa dispute in litigation, andthroughoutthe litigation,

... evaluate settlement possibilities and make reasonable efforts to settle the litigation." See also FAA Order 2150.3B atparagraph 6-2. 3 Accessed at http://rgl.faa.gov by selecting "Orders/Notices," then "Current Orders; By Number," then "2150.3B 10/01/2007 FAA Compliance and Enforcement Program (Change 1 included)." 

### -2-

### Submissions sent to the street address ofthe U.S. Department ofTransportation, Office of Hearings, byregular mail may be delayed up to four weeks due to postal screening, and may be "irradiated," which may result inpages being fused together. Accordingly, parties who serve submissions onthe Judge byregular mail should also fax, express carrier, orpersonally deliver those submissions. A certificate ofservice, reflecting the above caption (including the FDMS number), the title ofthe submission, and the date and manner ofservice, shall be attachedto each individual submission. Compromise may be effected with or without a finding ofviolation(§ 13.16(n)). Each party's filing shall include a telephone number where the party can be reached by the Judge for prehearing telephone conferences.


### SO ORDERED.



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### SERVICE LIST ORIGINAL & 

### ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC--430 Wilbur Wright Building-Suite 2W1 0004 

### ONE COPY 

### Gregory S. Winton, Esq., Respondent's Counsel 

### The Aviation Law Firm One Research Court, Suite 350 Rockville, MD 20850 TEL: 301-294-8550 FAX: 301-294-2525 Stephen W. Brice Esq., Complainant's Counsel 

### Eastern Region, AEA-7 Federal Aviation Administration 1 Aviation Plaza, Room 561 Jamaica, NY 11434 TEL: 718-553-3268 FAX: 718-533-5699 The Honorable Ronnie A. 

### Yoder,

Chief Administrative Law Judge 

### U.S. Department ofTransportation Office ofHearings, M-20 1200 New Jersey Avenue, S.E. Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 FDMS NO. FAA-2011-1003 (Civil Penalty Action)

4 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-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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