SERVED FEBRUARY 19, 2010 

U.S. DEPARTMENT OF TRANSPORTATION' ' 1 '^^^^0 ' 

OFFICE OF HEARINGS 

WASHINGTON, DC : -

EST THE MATTER OF 

HELICOPTERS OF AMERICA, INC., 

Respondent. 

FAA DOCKET NO. CP09SO0011 

(Civil Penalty Proceeding) 

DMS NO. FAA-2009-0726 

ADMINISTRATIVE LAW JUDGE'S DECISION GRANTING 

COMPLAINANT'S MOTION FOR JUDGMENT AND 

ASSESSING A CIVIL PENALTY OF $23,772 

On January 5, 2010, the Complainant filed a motion for judgment 

based in part upon the Respondent's failure to file a timely answer to the 

complaint. The Respondent did not file an answer to that motion. The 

complaint had charged the Respondent, a for-hire carrier of passengers, with 

a number of maintenance deficiencies that violated the Federal Aviation 

Regulations. On January 7, 2010,1 issued an order to show cause, requiring 

the Respondent to "show cause why its failure to file an answer to the 

complaint should be excused and why the interests of justice would not be 

served by assessment of a civil penalty as claimed in the Complainant's 

complaint." The Respondent did not submit a timely reply to my order. 

Meanwhile, its counsel withdrew their representation of the Respondent. 

In these circumstances, I have no alternative except to deem the 

allegations of the complaint to have been admitted, to grant the 

Complainant's motion for judgment and to assess the civil penalty sought by 

the Complaint. See 14 C.F.R. § 13.209(c). I do so now. 

In consideration of the foregoing, and subject to appeal to the 

Administrator, as provided in section 13.233 of the Rules of Practice, 14 
C.F.R. § 13.233, or review on the Administrator's own motion, IT IS 

ORDERED that1. Helicopters of America, Inc., the Respondent herein, is liable to the 

United States of America, as represented by the Federal Aviation '^ 

Administration, for a civil penalty in the amount of twenty-three 

thousand seven hundred seventy-two dollars ($23,772.00); and 

2. Helicopters of America, Inc. shall pay the amount for which it has 

been found liable herein to the Federal Aviation Administration 

forthwith. 

Isaac D. Benkin 

Administrative Law Judge 

[Note: This decision may be appealed to the Administrator of the FAA. 

The Notice of Appeal must be filed not later than 10 days after service 

of this decision (plus five additional days, if this decision is served by 

mail). 14 C.F.R. §§ 13.233(a), 13.211(e). The appeal must be perfected 

with a written briefer memorandum not later than 50 days after service 

of this decision (plus five additional days, if this decision is served by 

mail). 14C.F.R.§§ 13.233(c), 13.211(e). The Notice of Appeal and brief 

or memorandum must be either (a) mailed to the Federal Aviation 

Administration, 800 Independence Avenue, S.W., Washington, DC 

20591; Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright 

Building—Suite 2W1000, or (b) delivered personally or via expedited 

courier service to the Federal Aviation Administration, 600 

Independence Ave., S.W., Wilbur Wright Building—Suite 2W1000, 

Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430. 14 

C.F.R. §§ 13.233(a), 13.210(a)(2), (1). A copy of the Notice of Appeal 

and brief or memorandum should also be sent to counsel for the FAA in 

this proceeding. 14 C.F.R. § 13.233(a).] 
I 

1 

FAA Docket No. CP09SO0011 

(Civil Penalty Action) 

CORRECTED SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Helicopters of America Inc., Respondent 

lllON.E. lO"" Street 

Hanger 82 

Pompano Beach, FL 33060 

TEL: 954-943-0999 

FAX: 954-943-4541 

Michael A. Moulis, Respondent's Counsel 

Moulis &, Associates, LLP 

1100 Lee Wagner Blvd., Suite 114 

Ft. Lauderdale, FL 33315 

TEL: 954-547-0555 

FAX: 954-337-0915 

Rashawn Rich George, Complainant's Counsel 

Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' 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 

2WI000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.