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'--''^ 0''^""'^Dro^-T!n,, 

U.S. DEPARTMENT OF TRANSFORATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of; 

AIREVACEMS,INC. 

FAA CASE NO.: 2007CE030008 

Hon. Richard C. Goodwin, ALJ 

ANSWER TO AMENDED COMPLAINT 

Air Evac EMS, Inc. (hereinafter "Respondent") hereby answers the FAA's 

Complaint in FAA Case Numhev 2007CE030008 as follows: 

I. 

1. With regard to § I, Paragi'aph 1, Respondent admits that on February 27, 

2007 it was issued two notices of proposed civil penalties, one for $15,000 and one for 

$25,000 and that on Februaiy 4, 2010 it was issued two final notices of proposed civil 

penalties, one for $15,000 and one for $25,000, all of which weie based upon the same 

act of Aai-on Rogers, which has been resolved. Respondent admits that on Fcbmary S, 

2010 it submitted wiitten requests for hearings for this matter, FAA Case Numher 

2007CE030026 and the other matter which has been referred to as 2007CEO030008. 

The remainder of the allegations in § I, Paragraph 1 are denied, 

II, 

1. Respondent admits § U. Paragraph 1. Respondent Air Evac EMS, Inc. is 

the holder of Repair Station Certificate No. QEVR436K. 

irtiiUN 

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2. With regard to § II. Paragraph 2, Respondent admits that it is the bolder of 

the air carrier certificate described but denies that such certificate has any relevancy to 

this action, 

3. With regard to § II. Paragraphs, 3, 4 and 5, Respondent admits that Aai-on 

Rogers had the stated duties for Respondent's repair station in West Plains, Missouri, 

4. With regard to § U. Pai'agraphs 6 and 7, Respondent admits that on or 

about October 18, 2006, the Aircraft which was owned and opeiated by Respondent was 

flying on non-Pait 135 flights and That upon arrival at Sikeston there was no key for the 

narcotics box and they returned to West Plains to retrieve the missing key. The 

remainder of the allegations in § II., Paragraphs 6 and 7 are denied, 

5. With regard to § II., Paragraph S, Respondent admits that the Aircraft 

upon approach to Respondent's West Plains, Missouri downtown heliport experienced a 

mechanical failure and was able to divert and make a run-on landing at West Plains 

Municipal Airport without a fatality or any othei- injuiy or damage The remainder of the 

allegations in § 11., Paragraph 8 are denied, 

6. With regard to § IL, Paiagraph 9, Respondent lacks sufficient infomiation 

and knowledge with which to form a belief as to the truth or falsity of the allegations 

contained therein and therefore denies all and the whole thereof 

7. With regard to § II, Paragraphs 10 and 11 Respondent is not in a position 

to speak to the findings of the FAA and therefore lacks sufficient information and 

knowledge upon which to form a belief as to the truth or falsity of the allegations 

contained therein and therefore denies all and the whole theie.of including all subpai'is 

thereto. 

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8. Respondent denies all of the allegations in § IL, Paragraph 12. The 

Aircraft was remrned to service by Aaron Rogers individually using the authority granted 

by the FAA to him peisonally by his AAP Certificate 494941510. 

9. Respondent denies all of the allegations in § II., Paragraph 13, 

10. With regard to § II., Paragraphs 14, 15 and 16 and all subparts thereto. 

Respondent denies the allegations contained therein. 

m. 

1, Respondent denies the allegations contained in § III,, Paragraphs 1,2 and 3. 

AFFIRMATIVE DEFENSES 

By way of defense and affirmative defense, Respondent states: 

1. The Aircraft was not operating on a Part 135 flight or certificate at any 

relevant time, 

2. These claims against Respondent must be dismissed upon the basis of res 

judicata and/or double jeopardy because they have been already litigated and fault has 

been found to lay with Aaron D. Rogeis who peisonally and individually, v^ithout the 

direction or authority of Respondent, signed off the Aircraft as being airworthy using and 

under the authority granted to him by the FAA on his individual A&P Certificate. 

3. The claims herein against this Respondent are subject to res judicata or 

double jeopardy as they are the same claim asserted in FAA Case Number 

2007CE030026. 

4. The Complaint fails to state a claim upon which relief may be granted. 

5- The claim asserted in this Complaint had nothing to do with Respondent's 

Air C-axrier Certificate, 

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6. The penalty sought against Respondent is excessive, especially when 

considering the combination of the two cases 2007CE030026 and 207CE030008. 

7. The act giving rise to the FAA's Complaint occurred on or about October 

18, 2006 and the FAA's first Notice of Proposed Civil Penalty was sent to Respondent in 

February 2007, Approximately thiee (3) yeare later in February 2010, the final Notice of 

Proposed Civil Penalty was sent by the FAA. This extended delay is a violation of 

Respondent's constitutional right to due process and prejudiced Respondent's abilitj' to 

defend this action. 

8. Respondent reserves the right to assert additional defenses and/or 

affirmative defenses as investigation and discovery continue. 

Wherefore, Respondent requests dismissal of the Federal Aviation 

Administration's Complaint and all allegations contained therein; with prejudice, an 

award of fees pursuant to the Equal Access to Justice A ci (E AJA), and such other relief as 

the Law Judge deems just and equitable. 

Respectfully submitted, 

COOLI 

^!>'^'YJasi%2& City, MO 

Jajnt^ 

Suite 240t) 

64105 

Telephone: (816)474-0777 

Facsimile: (816)472-0790 

iramsev(a),coolinelaw. com 

ATTORNEYS FOR RESPONDENT 

AIR EVAC EMS, INC. 

PAA CASE NO.: 2007CE030008 
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CERTIFICATE OF SERVICE 

I hereby certify that on the 20"* day of May 2010,1 forwai-ded one (1) copy of the 

foregoing Answer to Amended Complaint via fax h'ansmission and United States regular 

mail, postage prepaid to: 

The Honorable Richard C. Goodwin 

Administraiive Law Judge 

Office of Hearings. M-20 

U.S. Department of Transpprtation 

1200 New Jersey Avenue, S.E. 

Enst BuildiMg Ground Floor, Room E12-320 

Washington, D.C. 

FAX: 202-366-7536 

Federal Aviatioii Adininlstrarion 

800 Independence Avenue, SW 

Wilbur Wright Building, Room 2014 

Attention: Hearing Docket Clerk, AGC-43 0 

Washington, D-C. 20591 

FAX; 202-493-5142 

Mark 0. Camacho 

Senior Enforcement Anomey 

Federal Aviation Adtniniairation 

OfDce of RcgioiiHl Counsel 

901 Locust, Room 506 

Kansas City, MO <54106-2641 

FAX; 816-329-37"? I 

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PAACASENO. : 2007CE030008