### SERVED: May 21, 2013

U.S. DEPARTMENTOFTRANSPORTATION OFFICE OFHEARINGS WASHINGTON, DC

In The Matter Of: ) ) ) ) ) SCOTTTICE Respondent Docket No. FAA-2013-0042 Case No. 2012NE700211

ORDER GRANTING FAA RENEWED MOTION TO DEEM ALLEGATIONS ADMITTED AND GRANTING/DENYING OTHERRELIEF On May 1, 2013, an Order Accepting the ProSe Respondent's Response, Finding Good Cause Exists to Acceptthe Late Answer, and Granting/Denying OtherReliefwas filed. Among other things, this Order reconfirmed the Rule 16 Litigation Scheduling Conference set for May 16,2013, at 11:00am Eastern Time. On May 9, 2013 parties filed ajoint Proposed Scheduling/Discovery Plan. OnMay 9, 2013 the FAAfiled Complainant's Renewed Motion for Order Deeming Allegations Admitted and to Limit Hearing to Issue ofCivil Penalty ("RenewedMotion"). OnMay 15, 2013 theprose Respondent, ScottTice, filed a letterResponse ("Response") to the FAA's May 9, 2013 Renewed Motion. On May 16, 2013, the parties appeared by telephone for a Rule 16 Litigation Scheduling Conference, and agreed to present argument onthe FAA's Renewed Motion. Afterhearing oral argument, an oral ruling was issued. This written order codifies and further explains the oral ruling, as well as codifying other litigation matters the parties addressed.

IT IS HEREBY ORDERED: 1. In the Answer and the Response filed by thepro se Respondent, Scott Tice, he made multiple and specific statements admitting that on September 11, 2012, he committed the ten (10) alleged violations ofthe Hazardous Materials Regulations, charged bythe FAAunder in its January 29,2013 Complaint. Pursuant to 49 C.F.R. §13.209(e),these Respondent statements are deemed admissions ofthe truthofthe FAA's alleged violations. 2. Pursuant to 49 C.P.R. §171.2(e) and 49 C.P.R. §13.218, the FAA's Complainant's Renewed Motion for Order Deeming Allegations Admitted and to Limit Hearing to Issue ofCivil Penalty ("Renewed Motion") is granted. 3. In the Answer and the Response filed by theprose Respondent, Scott Tice, he makes multiple and specific statements denying that the FAA'sproposed $600 civil penalty is appropriate. Pursuantto 49 C.F.R. §171.2(e) and 49 C.F.R. §13.218, since the FAA's Renewed Motion did not seek a pre-hearing ruling on this issue, and the Respondent challenges the amount, the disputed matter ofthe proposed $600 civil penalty remains set for hearing. 4. June 13,2013 (11:00am-12:00pm EST): Pursuantto 49 C.P.R. §13.209(e) and Civ. R. 16, the parties shall reconvene by telephone on Thursday, June 13, 2013 (11 :00am12:00pm EST) for a second Litigation Scheduling Conference. Civ. R. 16, Atthat time, the parties should be prepared to discuss the issue ofvenue, as well as other litigation scheduling matters. 5. For clarifications ofthis order or questions with regard to the procedures to be followed in this proceeding, please contactthe Office ofHearings and ask for Mr. Cody L. Smith, Attorney-Advisor at (202) 366-6941.

Attachment: Service ListSERVICE LIST- BY U.S. MAIL 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 1

Mr. R. Bennett Sargent, Esq. Complainant's Counsel Office ofthe Regional Counsel, ANE-7 New England Region Federal Aviation Administration 12 New England Executive Park Burlington, MA 01821 TEL: 781-238-7058 FAX: 781-238-7055 Mr. Scott Tice Pro se Respondent 21125 Timberland Road Barronett, WI 54813-9540 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 ONE COPY FDMS Nos. FAA-2013-0042

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.