In the Matter of U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC 

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### 1 2 2014 HEARING DOCKET

HOTTON ENTERPRISES,INC., FAADocket No. [To beAssigned] DMS No.: FAA2013-1081
Respondent FAARegion: Western Pacific Judge: Richard C. Goodwin

RESPONDENT'S ANSWERTO COMPLAINT HattonEnterprises, Inc., by andthrough its undersigned counsel for its
answerto the Complaint as providedunder 14 C.F.R. 13.209 as follows: I. RespondentHattenEnterprises was advised through a FinalNotice of Civil Penalty that the FAAproposed to assess a civil penalty in the amount of $49,500. This appeal follows. II. 1. Admitted. 2. Denied as alleged. 3. Admitted thatthe Respondent possesses the equipment alleged in subsection a, b, c, and d ofthe allegationbutto the extentthat the Administrator intends to allege that the Respondent engaged in wrongdoing, the Respondent denies this allegation.

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### 4. Admitted thatthe Respondent's employees utilized the Fluke 27 Multimeter, butto the extent that the Administrator intends to allege that the Respondent engaged in wrongdoing, this allegation is denied. 5. Admittedthat the Respondent's employees performed maintenance
on the subject aircraft, butto the extent that the Administrator intends to allege thatthe Respondent engaged inwrongdoing, this allegation is denied. 6. Admitted. 7. Denied as alleged. 8. Denied as alleged. 9. Denied as alleged. 10. Denied as alleged. ll. Denied as alleged. 12. Denied as alleged. 13. Denied as alleged. 14. Denied as alleged. 15. Admitted. 16. Denied as alleged. 17. Denied. 18. Denied as alleged. 19. Admitted. 20. Denied as alleged. 21. Denied as alleged. 22. Denied as alleged. 23. Denied as alleged. 24. Denied.
225. Denied as alleged. 26. Denied as alleged. 27. Denied as alleged. 28. Denied as alleged. 29. Admitted. 30. Denied as alleged. 31. Denied as alleged 32. Admitted. 33. Denied. 34. Denied. 35. Admitted. 36. Denied as alleged. 37. Denied. 38. Admitted. 39. Admitted. 40. Denied as alleged. 41. Denied. 42. Admitted. 43. Denied as alleged. 44. Denied. 45. Denied as alleged. 46. Denied. 47. Denied as alleged. 48. Denied as alleged. 49. Denied as alleged.
3Affirmative Defenses Affirmative Defense 1. Respondent conducted all maintenance which is the subject ofthis Complaint in compliance with all applicable federal air regulations and a duly approved RSM and QCM. Affirmative Defense 2. Respondent's actions were incompliance with customary and standard industry practices andthus in compliance with regulations. Affirmative Defense 3. The Administrator failed to afford the Respondent the required dueprocess mandated under law and regulation and thus prejudicedRespondent's ability to defend the instant action. Affirmative Defense 4. The Administrator has failed to state a claim upon whichreliefcan be granted or a civil penalty may be assessed. III. Respondent denies any violation ofany regulation and specifically dnies any regulatory infraction as providedbelow:
a. Denied. b. Denied.
c. Denied. d. Denied.
e. Denied. f. Denied.

4IV. 1. Denied. 2. Respondent denies this allegation and affirmatively states thatthe penalty being supported is not supportedby law, equity, or agency guidance. WHEREFORE, Respondentrespectfully requests that the Administrative Law Judge enter an Order dismissing the instant action withprejudice without civilpenalty.

DATED this 9th day ofMay, 2014 GORDON & REECLLP •. 

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B)l: ·. . .. c. ····· TimeiliyCJ.7MCCulioch Attorneys for Respondent

5CERTIFICATE OF SERVICE

I hereby certifythatonthis date I have sentbyfacsimile where indicated and via FederalExpress addressed as follows:

Dated: ORIGINAL AND ONE COPY

ONE COPY Federal Aviation Administration Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 600 Independence Avenue, SW Washington, DC 20591

Adam Runkel, Esq., Counsel for Complainant Office ofthe Regional Counsel, Western-Pacific Region, APW-7.12 Federal Aviation Administration 15000 Aviation Boulevard Hawthorne, CA 90250 Telephone: (425) 227-2914 *Facsimile: (310) 725-6816 Hon. Richard C. Goodwin, U.S. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJerseyAve., S.E. (Ell-310) Washington, D.C. 20590 Attn: Patricia Matthews *Facsimile: (202) 366-7536

May8,2014

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