SEPTEMBER 19, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

MOUNTAIN AVIATION 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civ~l Penalty Action) 

DMS FAA-2012-0875 

ORDER DENYING MOTION 

ZUIZ 

Respondent Mountain Aviation, Inc. ("Respondent") has filed a Motion to Dismiss For 

Insufficiency ("Motion to Dismiss" or "Motion") under Rule 218( f)( 1) of the Rules of Practice in 

FAA Civil Penalty Actions, 14 C.F.R. §13.218(f)(1). Rule 218 is in Subpart G of Part 13, 14 

C.F .R. § 13.201 et seq 1 A motion to dismiss for insufficiency, which is filed in lieu of an 

Answer, must, in order to succeed~ demonstrate that the Complaint has failed to show how the 

facts asserted therein support the allegations made. Complainant has answered in opposition. 

The matters Respondent raises in support of its Motion medt little discussion. They fail 

to demonstrate in any way that the Complaint fails to assert facts which suppoJ;t the charges set 

out. The arguments in Respondent's Motion amount to a brief in opposition to Complainant's 

allegations. The pleadings show only that the issues are joined. 

1 Respondent cites .14 C.F .R. § 13.49 as grounds for the Motion. (The full title of its Motion is "Respondent's 

Motion to Dismiss for Insufficiency Pursuant to Rule 13.49"). ·The Complaint, however, was filed under Subpart G, 

thereby invoking the procedures of that subpart. A motion under. Subpart G alleging insufficiency in a complaint 

must be filed under §13.218. As such, and finding no prejudice to Complainant Federal Aviation Administration 

("Complainant"), I treat Respondent's Motion as if it were filed under § 13 .218. 
2 

In view of the foregoing, Respondent's Motion to Dismiss is DENIED. 

As provided in Rule 13.218(±)(1), Respondent shi:lll serve an answer to the Complaint 

with ten days ofthe date of service of this order. 

SO ORDERED. 

Richard 

ftMC-~ C. Goodwin 

U.S. Administrative Law Judge 

Attachment- Service List . 
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 0001 

Kent S. Jackson, Respondent's Counsel 

Jackson & Wade, LLC 

2168 Midland Drive 

Shawnee, KS 66218 

TEL: 913-338-1700 

FAJ<: 913-338-1755 

ONE COPY 

Kyle E. Lomazow, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Northwest Mountain Region, ANM-7 

·Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1847 

FAJ<: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2011-0875 

(Civil ;penalty Action) 

1 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.