SERVED: AUGUST 20,2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

DARBY AVIATION 

FAA DOCKET NO. CP10SO0008 

(Civil Penalty Action) 

FDMS NO. FAA-2010-0627 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

This proceeding arises from a complaint served July 21,2010, alleging violation 

of the Federal Aviation Act/Regulations, and the Respondent's request for hearing dated 

July 16, 2010.' The undersigned administrative law judge was assigned to this proceeding by Notice served August 20, 2010. 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the 

Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235 (2009)). Those rules provide, 

inter alia, that the Respondent must file a written answer or motion within 30 days after 

service of the complaint (§ 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 of each allegation in the complaint (§ 13.209(f)), and that a party seeking an extension of time must file a written motion at least seven days before the document is due, 

' Also on July 16, 2010 (five days before service of the complaint), Respondent's Counsel served 

a request an answer to the final notice of proposed civil penalty. As noted herein, the procedural rules require a respondent to "file an answer to the complaint..." not later than 30 days after service of the complaint." 14 C.F.R. § 13.209(a). 

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absent agreement of the parties or good cause shown (§ 13.213(a) and (b)). 

To expedite the hearing in this matter, Complainant and the Respondent, on or before September 20,2010, shall file (1) any amendment of the complaint or answer;^ 

(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 of witnesses, a summary of their proposed testimony, and for (b) exchanging exhibits 

and discovery, if any; (3) a statement concerning the status of settlement efforts; and (4) a 

proposed hearing site and, absent agreement of the parties, a justification of the proposed 

site. See 14 C.F.R. § 13.217. 

Under FAA Order 2150.3B (Oct. 1,2007) and the Rules govemingtiiese proceedings, Complainant and the Respondent should continue to consider the possibility of settlement and compromise of this matter. In connection with such discussions, the parties 

should note that FAA Order 2150.3B, which establishes standards for the Complainant's 

conduct and settlement of this proceeding, is available on the Internet.'* See, in particular, 

chapter 6 (Legal Enforcement Actions and Legal Counsel Responsibilities); and either 

^ Further amendments are not anticipated absent good cause shown. Though 14 C.F.R. 

§ 13.214(bXl) permits amendments at any time more than IS days before a hearing, utilization of that provision 

would prevent orderly preparation for a hearing and could prevent any hearing at all, because tK>t||^^^f a hearing must be given 60 days in advance. § 13.221(a). An amendment that might be filed 15 days prim- to the 

hearing wpuld entitle the other party up to 20 days in which to reply (§ 13214(c)), and could ^ea^^e.a new 

round of schedules (§ 13.217), motions (§ 13.218), and discovery (§ 13.220), necessitating a pdiqi&nent of 

the hearing, a new 60-day notice, et cetera ad irfmitum. 

^ See Linda Joyce Goodman, Vf>J< Docket No. CP89WP0061, DMS No. FAA-2004-l«292,at 11 

(May 30,1989), available at www.regulations.gov (concluding that "the prosecuting agency attorney must 

consider $ettlf;ment and that the Rules do not pennit the Chief Counsel to exercise policy cqix||^|^ decisionmaking In this case or in civil penalty cases generally so as to deny prosecutorial discretfon mth respect to setdement and compromise to the agency attorney as defined in the rules"). See also Ex^. Order 

No. 12,988,61 Fed. Reg. 4729 (Feb. 5,1996), v*ich ref«*s to facilitating the just and efffici^tm^lutidn of 

civil claims involving the United States Government and which directs Federal agencies and their litigation 

counsel to, "as soon as practicable after ascertaining the nature of a dispute in litigation, and tbtiQtl^out the 

litigation,... evaluate settlement possibilities and make reasonable efforts to settle the litigation^?- See also 

FAA Order2150.3B at paragraph 6-2. fcj 

* Accessed at http://rgl.faa.gov by selecting "Orders/Notices," then "Current Ord«8;^^«mber," then "2150.3B 10/01/2007 FAA Compliance and Enforcement Program (Change 1 inclucM^i" 

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(a) Appendix B (Table of Sanctions), pages B-1—B8 (Part One - Abbreviations and Definitions) and those portions of Part Two - Sanction Guidance Tables, which apply to 

particular allegations not involving hazardous materials, or (b) Appendix C, which pertains to hazardous materials cases. Upon request of Respondent, Complainant shall provide Respondent a copy of the applicable referenced provisions. 

Submissions sent to the street address of the U.S. Department of Transportation, 

Office of Hearings, by regular mail may be delayed up to four weeks due to postal 

screening and may be "irradiated," which may result in pages being fiised together. Accordingly, parties who serve submissions on the Judge by regular mail should also fax, 

express carrier, or personally deliver those submissions. The certificate of service should 

reflect the manner of service. 

Compromise may be effected with or without a finding of violation (§ 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. 

Romiie A. Yoder 

Chief Administrative LaS^ Jui 

Attachment - Service List 
FAA Docket No. GP10SO0008 

(Civil Penalty Action) 

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 2W1000' 

ONE COPY 

Elton Hall Darby, President 

Darby Aviation, Respondent 

1 Avalon Avenue Northwest Alabama R 

Muscle Shoals, AL 35661 

Deanna L. Weidner, Respondent's Counsel 

Anderson & Weidner, LLC 

1450 Financial Center 

505 20th Street North 

Birmingham, AL 35203 

TEL: 205-324-1230 

FAX: 205-322-3890 

The Honorable Rormie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Rocp El2-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

Christopher R. Stevenson, Complainant's 

Counsel 

Attorney, 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