SERVED: NOVEMBER 12,2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

AIR Z FLYING SERVICE, INC. 

FAA DOCKET NO. CPIOSWOOIO 

(Civil Penalty Action) 

FDMS NO. FAA-2010-0974 

NOTICE OF CHIEF ADMINISTRATIVE LAW JUDGE 

REGARDING EX PARTE COMMUNICATION FROM RESPONDENT 

Transmitted herewith is a copy of a document our office received via fax on November 8, 

2010, referencing this case, in which Respondent's Representative asserts that "the hearing 

docket clerk today ... agreed to give Air Z Flying Service Inc. an extension oftime to 

November 19th" to answer the complaint in this case. That document does not appear to have 

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been filed or to have been served on Complainant and consequently is hereby transmitted to the 

Hearing Docket Clerk for filing as an ex parte communication intended for the judge. 

As we specifically advised the parties on October 26, 20 I 0, "The Rules of Practicer,] 

14 C.F.R. §§ 13.201-13.235 ... provide, inter alia, that the Respondent must file a written 

answer or motion within 30 days after service of the complaint (§ 13.209(a)); ... and that a party 

seeldng an extension oftime must fJ.le a written motion at least seven days before the document 

is due, absent agreement of the parties or good cause shown (§ 13.213(a) and (b)).,,1 Although 

"[t]he parties may agree to extend for a reasonable period the time for filing a document,,,2 the 

Hearing Docket Clerk is not a party and thus cannot agree either to an extension or to a late filing 

I Order of Chief Administrative Law Judge Establishing Procedures at 1. 

2 14 C.F.R. § 13.213(a) (2010). 
of a motion for extension.3 Extensions of time may be granted only by the administrative law 

judge and only after "[tJhe party seeking the extension of time" either submits "a draft order to 

the administrative law judge to be signed by the administrative law judge," if the parties or~lly 

agree to an extension,4 or files and serves on each party a written motion showing good cause for 

an extension of time, if the parties do not agree to the extension.5 

These and other matters will be considered in a prehearing conference which will be held 

before any hearing in this matter. 

2 Attachments: 

Respondent's Document 

Service List 

3 See § 13.213(a) & (b). 

4 § 13.213(a). 

5 § 13.213(b). 

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UPDATED SERVICE LIST 

FAA Docket No. CP10SWOOlO 

(Civil Penalty Action) 

ORIGINAL & ONE COPY (VIA FAX AND U.S. MAIL) 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0006 

ONE COPY (VIA FAX AND U.S. MAIL) 

Laurence E. Rohl, Respondent's Representative 

President/Director of Operations, 

Air Z Flying Service, Inc., Respondent 

355 Richmond Rd., Hangar 5 

Richmond Heights, OH 44143 

TEL: 440-725-3043 

FAX: 216-261-2993 

Agnes M. Rodriguez, Complainant's Counsel 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

TEL: 202-267-7268 

FAX: 202-267-5106 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

6 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 2WIOOO, 

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

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