11/25/2011 11:45 FAX 2024935142 FAA + OMS ~001/017 

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JEFFREY M. HARPER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVENUE SOUTIIW.E.ST 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-2161 

P II.CSIMU.E: ( 425) 22 7-1007 

RECEIVED . 'NOV 15. . 

HEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

-- In the Matter-of:--·-

Cornerstone Aviation, Inc. 

To the Honorable Richard C. Goodvvin: 

FAA Case No. 201JNM070022 

DM_S lliLEM-2011-0481 . 

Motion for Decision 

Judge Richard C. Goodwin 

MOTION FOR DECISION 

In accordance wjth 14 C.F.R § 13.218(f)(5) (Rule 13.218(f)(5))~ the Administrator (Complainant) 

brings this Motion for Decision. There are no genuine issues of material fact, as Respondent has 

admitted all relevant facts either in its Answer or in its responses to Requests for Admissions. 

Complainant moves the Administrative Law Judge (ALJ) to grant a Motion for Decision on the 

merits and limit any hearing to sanction. 

Facts 

The Complaint was served on May IS, 2011. The Amended Complaint alleges Respondent violated 

14 C.F.R. §§ 141.83(a)(l) and 141.101(a)(1).1 These violations relate to Respondent's failure to 

ensure a student met the prerequisites for Respondent's I nstrwnent'Commercial Course ofT raining. 

The Answer admitted all the factual allegations in the Complaint with the exception of Paragraphs 9 

and 10? Complainant propounded discovery requests on July 27, 2010; Respondent's initial 

response to those requests was received by Complainant on September 13, 2010. The responses 

effectively admitted Paragraphs 9 and 10 of the Complaint.3 

S2 1 Complaint. 

53 2 Answer. 

; Response to Complainant's Discovecy Request., Requests for Admissions Nos. 8 through 17 

Complainant's Motion For Dcci~ion 

Cornerstone Aviat.ion, Inc. FAA-20li-04R1 

2011NM070022 

P8ge l of 5 

JEFFREY M.l-IARPER. FAA Art'ORNEY 

TEL: (425) 227-2!61; FAX: (425) 227-1007 
11/25/2011 11•45 FAX 2024835142 FAA + OMS litl 002/017 

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Respondent 1s a pilot school certificated w1der 14 C.P.R. Part 14i. Complamt Paragraph 1, 

Answer Paragraph 1. It is authorized to provide training for the Instrument and Commercial Pilot 

ratings using Jeppesen Sanderson's Instrument/Commercial Course-Syllabus. Complaint 

Paragraphs 2 and 3, Answer Paragraphs 2 and 3. That syllabus requires a student to hold a Private 

Pilot Certificate before beginning Instrument/Commercial training. Complaint Paragraph 4, 

Answer Paragraph 4. 

Mr. Michael Stann initially enrolled in Respondent's Instrument'Commercial course 

August 25, 2010. Complaint Paragraph 5, Answer Paragraph 5, Response to Requests for 

Admissions Nos. 8 through 15. He began Instrument/Commercial ground instruction under that 

initial enrollment on August 25, 201 0; he began Instrument/Commercial flight instruction on ---- ~ -~---· . ·-

September 18, 2010. Complaint Paragraphs 5 and 6, Answer Paragraphs 5 and 6, Response to 

Request for Admission No.8. The instruction continued until October 12, 2010. Response to 

Requests for Admission Nos. 9 through 15. He did not receive his Private Pilot Certificate until 

October 13,2010. Complaint Paragraph 8, Answer Paragraph 8. Mr. Stann's 

Instrument/Commercial training was restarted on October 21, 2010. Response to Request for 

Admission No. 16. 

At some point, respondent destroyed Mr. Stann's training record, which recordtld the training he 

received before October 21, 2010 under the initial August 25, 201 0 enrollment. Response to 

Request for Admission No. 17. Although Re!::;pondent destroyed the training record, the Aviation 

Safety Inspector (ASI) investigating the case made a copy prior to its destruction. Exhibit 2 . 

Argument 

Standard for Decision 

"The administrative Jaw judge shall grant a party's motion for decision if the pleadings, 

depositions, answers to interrogatories, admissions, matters that the administrative law judge has 

officially noticed ... show that there is no genuine issue of material fact and that the party making 

the motion is entitled to a decision as a matter oflaw. The party making the motion ... ha.'i the 

burden of showing that there is no genuine issue of material fact disputed by the parties." 

14 C.F.R § 13.218(1)(5). 

Merits 

Respondent 1s a pilot school certified under 14 C.F .R. Part 141. Amended Complaint Paragraph 1, 

Answer Paragraph 1. 

Complainant's Motion For Decision 

Cornerstone Aviation, Inc.- FM·2011·0481 

2011NM070022 

Page 2 of:S 

JEFFREY M. HARPER, FAA ATTORNEY 

TEL: (425)227-2161; FAX: (425)227-1007 
11/25/2011 11• 45 FAX 2024835142 FAA + OMS 141003/017 

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a. Failure to Comply with Training Coursc-14 C.F.R. § 141.83(a)(l) 

Respondent's approved Instrument/Commercial training course requires a student to hold a 

Private Pilot Certificate as a precondition for enrollment.4 Here, Respondent began 

Instrument/Commercial training for a student nearly 50 d.a.ys before that student met the required 

prerequisite. Although Respondent asserts that the ground training portion of the program does 

not require a Private Pilot Certificate as a prerequi.:;itc,5 that point is moot because Respondent 

admits that flight training began as early as September 18, 2010-25 days before Respondent 

met the Private Pilot Certificate prerequisite. 

Section 141 .83(a)(l) requires a certificated pilot school to comply with its approved course of 

training. Respondent's approved course of training for the Instrument/Commercial course requires 

the student to holdaPnvate Pilot Certificate before beginning training. Respondent failed to 

comply by enrolling and training a student who did not meet a required prerequisite found in the 

approved syllabus. 

b. Accurate Enrollment Record - 14 C.F .R. § 141.1 01 (a )(1) 

Pilot schools certified under 14 C.F.R Parll41 are required to maintain a tralillng record on each 

student 6 That record IDlL~ be maintained for a period of at least a year from the d.ate the student 

graduates, terminates enrollment, or transfers to another schooL 7 The record must contain the date 

the student enrolled in a given course.~ 

As previously discussed, Mr. Stann was initially enrolled on August 25, 201 o_9 His enrollment was 

tem1inated and he wa.;; reenrolled around October 21, 2010. 10 Respondent's Response to 

Complainant'~ Initial Discovery Request, however, asserts that the training record for this enrollment 

was destroyed. 11 In Respondent's words, Mr. Stann's CFI was instructed "to begin anew training 

record and destroy the old record.'' This assertion was made before September 13, 2011, within the 

mandatory one year retention period for an enrollment terminated on .October 21, 2010. 

Although Re~ondent destroyed the training record, the ASl who investigated the case made a 

copy of it prior to its destruction. Exhibit 2. The copy retained by the ASI was duplicated and 

provided to Respondent as part of Complainant's response to Respondent's Discovery Request on 

4 Complaint Paragraphs 1-4, Answer Paragraphs 1 through 4. 5 Answer Paragraph 9 6 14 C.F.R. § J41.101(a). 1 14 C.F.R. § l4Ll0l(d). 8 14 C.F.R. § 14l.l01(a)(1). 9 Complaint Paragraph 5, Answer Paragraph 5, Responses to Requests for Admission Nos. 8 through 15. 

~ Response to Request for Admission No. 16. 11 Response to Request for Admission No. 17. 

Complainanfs Motion For Decision 

Comer,1.0ne Aviation. Inc.- FAA-2011-0481 

20liNM070022 

Page 3 ofS 

J:EFI'J<f.Y M. JI..<-RPER, F A.A A ITORNEY 

TEL: (425) 227-2161; FAX: (425) 217-1007 
11/25/2011 11:45 FAX 2024835142 FAA "' OMS [41 004/017 

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July 27. 201 1 . A review of the copy shows that the ori gina! training record did not contain the 

student's enrollment date. 

The Complaint alleges the Respondent failed to maintain an accurate record of the date a student 

enrolled in the course. Since Respondent admits to destroying the record, Respondent failed to 

maintain the record. Failing to maintain the record implies a failure to maintain an accurate 

record. 

Exhibits 

1. Respondent's Discovery Response. 

2. Copy ofinitiaJ:Part 141 instrumenttcornrnercial training record of :Mr.-Stann. 

Conclusion 

For the reasons stated above, the Federal Aviation Administration respectfully requests that the 

ALJ grant this Motion for Decision and limit the hearing to sanction. There are no genuine issues 

of material fact as the Answer and responses to Complainant's Requests for Admission admit all 

of the material facts which establish the violations. 

DA17~~­

Je~M~~ FAA Attorney 

Complainant's Motion For Decision 

Cornerstone Aviarion, fnc.- F AA-201 1·0481 

2011NM070022 

Page 4 of5 

JEFFREY M HARPI<R, FAA ATTORNEY 

TEL: (425) 227-2161; FAX; (425) 227·1007 
11/25/2011 11:48 FAX 2024835142 

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FAA + OMS ~ 005/017 

CERTIFICATE OF SERVICE 

6 I hereby certify that the foregoing Motion for Decision has been served via facsimile and Certified 

7 Mail-- Return Receipt Requested this date, to the following: 

8 

9 Honorable Richard C. Goodwin 

10 Office of Hearings, M-20 

11 1200 New Jersey Avenue, S.E. 

12 Washington, D.C- 20590 

13 FAX: 202.366.7536 

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Attn: Hearing Docket Clerk~ AGC-430 

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Wilbtfr. Wright Building - Suite· 2Wl 000 

Federal Aviation Administration 

800 Independence Avenue SW 

WashinbrtOn, D.C. 20591 

FAX: 202.493.5020 

Susan Horstman 

CbiefExecutive Officer 

Cornerstone Aviation, Inc. 

337 North 2370 West #1 30 

Salt Lake City, UT 84116 

FAX: (801) 355-2754 

3 o Dated this 9th, day ofNovember, 2011. 

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Complainant's Motion For Decision 

Cornerstone Aviation. Inc.- F A.A·2011-0481 

2011NM070022 

Page 5 of5 

MOIFAIR CHIN 

Office of Regional Counsel ( ANM-7) 

Federal Aviation Administration 

1601 LindAve. SW 

Renton, WA 98057 

425.227.2160 

JEFFREY M. HARPER. FA.<\ ATTORNEY 

TEL (425) 227-2161; rAX: (425) 227-1007 
11/25/2011 11:48 FAX 2024935142 FAA 

FAA Corn~spondencc Complainant's Initial Discovery Request 

INTERROGATORIES 

Since complaints are consolidated into one letter, the responses have also been consolida~B? 

refer to initial letter to CSA for detail5 of item numbers. 

1. Names, Addres<>es and Telephone Numbers {see attachment) 

2.. All correspondence from FAA is in the: possession of Susan Horstman, induding all copies of 

documents sent to her by Jeffrey Harper. 

3. Names, Addresses and Te-lephooe Numbers of persons whom CSA intends to have testify as a 

factual or expert witness in CSA's defense at the hearing of this matter. (see attachment) 

4. The: documents CSA <lflticipaies .:,ft'ering lrrto evio~rr<.:e at the hearing of tlrl$ matter are the s.<~me 

CSA offered to-fne FAA FSDO~aif of which were sent to Jeffrey Harper.-The matters coocerning 

SLCC records will be addressed by either Su~n Horstman or fiona Silcox. 

5. All expert witnesses are involved in flight training In one aspect or another, either as instructors, 

check pilots, assi~ant or chief instructors or FAA DP examiners. (~attachment) 

6. All expert witnesses are involved in flight training in one aspect or another, either i!S instructors, 

checl< pilots, assistant or chief instructors or FAA DP examiners. The subject matter is my FAA 

Part 141 TCO. One witness is a computer software specialist designing our new program. 

7. Please clarify this request .-.s I du not know who Mr. Mich;,.efby is. 

2. Since this he~s been ongoing for several months it is imJ:X'!Ssible to recall exact dates of 

conversations and with whom I have discussed the matters al!eged in the Complaint. It is mort 

likely limited to persons <lffiliated wit~ the flight school as they have reccived instruction so the 

occurren<:es wm not happen again. 

9. CSA'r. Part 141 TCO aoo traln!ng documents 

REQUESTS FOR PRODUCTION 

1-4 The FAA already has copies of the documents- do you need me to make additional copies 

of the materials you sent to me? The software designer of nev.t flight school tr.~irting 

program has compilter protor:ype ready. Th!s will have to be shown in ~rson to FAA. 

REQUEST FOR ADMISSIONS 

1. Admit 

2. Admit- did at the time; with FAA consent have now changed method of record keeping 

3. Admit 

4. Admit - She was a transfer student from Utah Valley Univ~ity where she completed her 

private pilot ground school course. 

Page 1 of4 

Exhibit 1 

@008/017 
11/25/2011 11:48 FAX 2024935142 FAA + OMS 

FM Correspondence Compl.01i11ant's Initial Discovery Request Corn~rstone Aviation 

5. Admit -she only qualifies to rec~ve partial credit under her part 61 training which amounts to 

25% of the cour:s€ requirements. So !itle could only count 7.5 hours towards her instrument 

ground instruction. During the course of instrument training her instructor logged 18.8 hours <>f 

briefing time with her on a one-<~n-one basis. That equates to 26.3 hours out of dle required 30 

hour~. 

6. Admit 

7. Admit- they used to be 141 but at the time of Wilson's training they were Part 61. 

8. Admit 

9. Admit 

10. Admit 

·-n. Admit 

12.. Admit 

13. Admit 

14. Admit 

15. Admit 

16. Admit 

17. No - When CSA administration dlsc.overed that Cameron !iow~tl, his instructor, and Michael 

Stann began the flight training prior to his passing his private pilot certification check ride, CSA 

repaid Mr. Stann for his training up until that point {several thousand dollars} and told him that 

we could not count any of that training and would re-start his instrument program. CSA selfdisclosed that informatfon to the FSDO in SLC. C5A told his CFI to begin a new training record 

and destroy the old record as it couki not be used. Additionally, students have access to online 

scheduling program to schedule flights. Miche~el Stann scheduled ahead to start inwument 

training 

Page l.of 4 

141007/017 
11/25/2011 11• 48 FAX 2024835142 FAA 

FAA Corres-pondence Complainant's Initial Discovery Request 

Cameron Howell- CFII for Michael Stann 

12.51 North Murdock Drlve 

Pleasant Grove, UT 84062 

(801) 623-285S 

Kris Krie- CFII for Haley Wilson 

8791 South Terra Point Way 

West Jordan, UT 84088 

(&Ql)_8.2_4~2J___ .. 

Michael Stann- student of Cameron Howell 

2115 S. Richard St. 

Salt Lake City, VT 84115 

(801) :244-1404 

ATTACHMENT 

Fiona Silcox -Assistant chief lnstrtJctor for CSA at SLCC campus 

250 W. 3900 So. 

Salt Larke City, UT 84107 

(801} 949-3194 

Brian VandeJWel- Chief instructor for CSA 

1015 N. lOlO W. 

Pleasant Grove, UT 84062 

(801) 836-7112. 

+ OMS 

Cornerstone Aviation 

Hi chard Marsh aU- former chief instructor for CSA- Private Pilot Certification program 

7883 South Grant Street 

Midvale, UT 84047 

(801) 671-3302 

Tom Kuhlman- retired f~J\ current Designated Pilot Examiner (DPE) 

9508 South Kilmuir Circle 

So. Jordan. UT 84095 

(801) 633-6386 

Jack Garzella- Computer Sofuvare specialist 

1;S71 longbranch Drive 

Draper, UT 84020 

(801) 523-8243 

Page 3 of4 

141 008/017 
11/25/2011 11:46 FAX 2024835142 FAA 

FAA Correspondence Comp!Jinant's Initial Discovery Request 

Bern:ard Connelly- FAA FSDO 

1020 N. Flyer Way 

Salt lake City, UT 84116 

(801}257-5054 

William Hughes- FAA 

1020 N. Flyer Way 

Salt lake City, UT 84116 

(801) 257-5045 

George David Cawthra- FAA- FSDO Manager 

1020 N. Flyer Way 

Salt Lake City, UT 84116 

(801) 257-5046 

Page4 of4 

+ OMS laJ 008/017 

Cornerstone Aviation