SERVED: APRIL 2, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CHEMSYSTEMS, INC. 

FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

OMS FAA-2012-0911 

ORDER DENYING COMPLAINANT'S MOTION 

AND ACCEPTING ANSWER 

In response to the motion of the Federal Aviation Administration ("Complainant") for a 

decision based on the failure of Respondent Chemsystems, Inc. ("Respondent") to file an 

Answer to the Complaint, Respondent filed in opposition and also submitted an answer. 1 

Respondent explained that its failure to file a timely answer stemmed from a 

misunderstanding of the governing procedures. · It submits that this reason constitutes good cause 

which, under the regulations, excuses a late filing. 

Respondent, I conclude, has demonstrated good cause for failure to timely file. I am 

mindful ofthe Administrator's injunction that "[w]henever possible, cases should be disposed of 

on the merits after a hearing, rather than summarily because of a procedural defect." Safety 

Equipment and Sign Co., Ltd., FAA Order No. 92-76, 1992 FAA Lexis 280 (December 21, 

1 The full title of the motion is "Complainant's Motion to Deem Allegations Admitted and Motion for Decision or, 

in the Alternative, Motion to Limit the Issues at Hearing to Sanction." It will be referred to as "Complainant's 

Motion." 
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1992), p. 5, cited in Larry's Flying Service, FAA Order No. 98-4 (March 12, 1998). Moreover, 

Complainant's Motion has not alleged or demonstrated prejudice. 

I further conclude that Respondent's additional submission constitutes an answer to the 

Complaint. It joins the issues. 

For all these reasons, I will accept Respondent's submission as its Answer to 

Complainant's Complaint. Complainant's Motion is denied. 

Attachment - Service List 

e~r,~fk. Richard C. Goodwin · ~ 

U.S. Administrative Law Judge 
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SERVICE LIST 

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 2Wl 0001 

Nancy Meikle, President 

ChemSystems, Inc., Respondent 

10101 Genard Road 

Houston, TX 77041 

Robert Fling, Respondent's Counsel 

S. Robert Fling, PLLC. 

P.O. Box 411, Katy, TX 77492 

5518 Fifth Street, Suite C 

Katy, TX 77493 

TEL: 281-391-2003 

FAX: 281-727-0082 

ONE COPY 

Courtney Adolph, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Western-Pacific Region, AWP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7128 

FAX: 310-725-6816 

FDMS No. FAA-2012-0911 

(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 

2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 
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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 , 

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