In the Matter of 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

RECEIVED ~1AY 1 2 2014 

HEARING DOCKET 

HOTTON ENTERPRISES, INC., FAA Docket No. [To be Assigned] 

DMS No.: FAA2013-1081 

Respondent 

FAA Region: Western Pacific 

Judge: Richard C. Goodwin 

RESPONDENT'S ANSWER TO COMPLAINT 

Hatton Enterprises, Inc., by and through its undersigned counsel for its 

answer to the Complaint as provided under 14 C.F.R. 13.209 as follows: 

I. 

Respondent Hatten Enterprises was advised through a Final Notice of 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$49,500. This appeal follows. 

II. 

1. Admitted. 

2. Denied as alleged. 

3. Admitted that the Respondent possesses the equipment alleged in 

subsection a, b, c, and d of the allegation but to the extent that the Administrator 

intends to allege that the Respondent engaged in wrongdoing, the Respondent 

denies this allegation. 

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4. Admitted that the Respondent's employees utilized the Fluke 27 

Multimeter, but to the extent that the Administrator intends to allege that the 

Respondent engaged in wrongdoing, this allegation is denied. 

5. Admitted that the Respondent's employees performed maintenance 

on the subject aircraft, but to the extent that the Administrator intends to allege 

that the Respondent engaged in wrongdoing, 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. 

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25. 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. 

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Affirmative Defenses 

Affirmative Defense 1. Respondent conducted all maintenance which is 

the subject of this Complaint in compliance with all applicable federal air 

regulations and a duly approved RSM and QCM. 

Affirmative Defense 2. Respondent's actions were in compliance with 

customary and standard industry practices and thus in compliance with 

regulations. 

Affirmative Defense 3. The Administrator failed to afford the 

Respondent the required due process mandated under law and regulation and 

thus prejudiced Respondent's ability to defend the instant action. 

Affirmative Defense 4. The Administrator has failed to state a claim 

upon which relief can be granted or a civil penalty may be assessed. 

III. 

Respondent denies any violation of any regulation and specifically dnies 

any regulatory infraction as provided below: 

a. Denied. 

b. Denied. 

c. Denied. 

d. Denied. 

e. Denied. 

f. Denied. 

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IV. 

1. Denied. 

2. Respondent denies this allegation and affirmatively states that the 

penalty being supported is not supported by law, equity, or agency guidance. 

WHEREFORE, Respondent respectfully requests that the Administrative 

Law Judge enter an Order dismissing the instant action with prejudice without 

civil penalty. 

DATED this 9th day of May, 2014 

GORDON & REECLLP •. 

r;; )) B)l: ·. . .. c. ····· TimeiliyCJ.7MCCulioch 

Attorneys for Respondent 

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CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile where indicated and via 

Federal Express addressed as follows: 

Dated: 

ORIGINAL AND ONE COPY 

ONE COPY 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

600 Independence Avenue, SW 

Washington, DC 20591 

Adam Runkel, Esq., Counsel for Complainant 

Office of the 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 Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Ave., S.E. (Ell-310) 

Washington, D.C. 20590 

Attn: Patricia Matthews 

*Facsimile: (202) 366-7536 

May8,2014 

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