SERVED: May 21, 2013 

U.S. DEPARTMENTOF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In The Matter Of: ) 

) 

) 

) 

) 

SCOTTTICE 

Respondent 

Docket No. F AA-2013-0042 

Case No. 2012NE700211 

ORDER GRANTING FAA RENEWED MOTION TO DEEM 

ALLEGATIONS ADMITTED AND 

GRANTING/DENYING OTHER RELIEF 

On May 1, 2013, an Order Accepting the ProSe Respondent's Response, Finding Good 

Cause Exists to Accept the Late Answer, and Granting/Denying Other Relief was 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 a joint Proposed Scheduling/Discovery Plan. 

On May 9, 2013 the FAA filed Complainant's Renewed Motion for Order Deeming 

Allegations Admitted and to Limit Hearing to Issue of Civil Penalty ("Renewed Motion"). 

On May 15, 2013 the prose Respondent, Scott Tice, filed a letter Response ("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 on the FAA's Renewed Motion. After hearing 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 the pro se Respondent, Scott Tice, he made 

multiple and specific statements admitting that on September 11, 2012, he committed 

the ten (10) alleged violations of the Hazardous Materials Regulations, charged by the 

FAA under in its January 29,2013 Complaint. Pursuant to 49 C.F.R. §13.209(e), 
these Respondent statements are deemed admissions of the truth of the 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 of Civil Penalty ("Renewed Motion") is granted. 

3. In the Answer and the Response filed by the pro se Respondent, Scott Tice, he makes 

multiple and specific statements denying that the FAA's proposed $600 civil penalty 

is appropriate. Pursuant to 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 of the proposed $600 civil 

penalty remains set for hearing. 

4. June 13,2013 (11:00am-12:00pm EST): Pursuant to 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, At that 

time, the parties should be prepared to discuss the issue of venue, as well as other 

litigation scheduling matters. 

5. For clarifications of this order or questions with regard to the procedures to be 

followed in this proceeding, please contact the Office of Hearings and ask for Mr. 

Cody L. Smith, Attorney-Advisor at (202) 366-6941. 

Attachment: Service List 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 

· Attention: Hearing Docket Clerk, AGC--430 

Wilbur Wright Building-Suite 2W1 0001 

Mr. R. Bennett Sargent, Esq. 

Complainant's Counsel 

Office of the 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

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 or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence A venue, S. W ., Wilbur Wright Building-Suite 2W 1000, Washington, 

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