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### SERVED: JULY 29, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC : _: - i

IN THE MATTER OF GLOBAL ARMS AND AMMUNITION DOCKETNO. FAA 2014-0320 (Civil Penalty Action).

ORDERON RESPONDENT'S BRIEF OF APPELLANT

COMPLAINANT'S REPLY TO BRIEF OF APPELLANT Global Arms and Ammunition (hereinafter "Respondent") filed a briefdated May 29, 2014, arguing it was not properly served with an underlying Notice ofCivil Penalty. The Federal Aviation Administration (hereinafter "Complainant") filed a Reply dated June 26, 2014. Global Arms and Ammunition (hereinafter "Respondent") averred in part:

...Although the Notice ofProposed Civil Penalty was properly addressed to Global Arm and Ammunition (herein "Global Arms"), it was given to Mr. Allion Brewer who is not an employee ofGlobal Arms. Mr. Brewer shares office space with Global Arms but does not work for Global Arms and does not have authority to represent Global Arms in any capacity
... Global Arms was never notified oftheNotice and on its owninitiative discovered it. Therefore, because service was not made to Global Arms or its employee, it was improper.Global Arms attempted to request a hearing promptly after it became aware ofthe pending civil penalty. Complainant averred:

...OnMarch 14,2014, Complainant served an Amended FinalNotice ofProposed Civil Penalty (Final Notice) which gave Respondenttwenty days to respond. Complainant served an Order Assessing Civil Penalty on April 4, 2014 after Respondenthad failed to respond to the FinalNotice. OnJune 3, 2014, more than eighty days after the Final Notice was served and sixty days after the Order Assessing Civil Penalty was served Respondentrequested a hearing
... Respondent admits in the first paragraphthatthe Notice was properly addressed to Global Arms, butthat 

### itwas givento Mr. Allion Brewerwho is not an employee of Global Arms. Itis not Complainant's responsibility to ensure that actual employees ofa company are there to receive documents that have beenproperly addressed to that company. Respondent offers no explanation as to why someone who does notwork for Respondent is receiving mail onbehalf ofthe Respondent at the Respondent's business address and nor should 

### itmatter: Moreover, the first time thatRespondent alerted Complainantthat "service was not proper," was in an email datedMay 23, 2014. A follow-up email from the same individual stated thatthe personwhoreceived service "is not an employee, but a friend and he has his own small business selling spices." What was not explained is why this person's business is operating from the same address as Global Arms. Respondent also does not indicate what date this friend actually handed the Final Notice to Respondent and why there was a delay considering this individual supposedly works in the very samebuilding. 14 C.F.R. §13.211(h) states: There will be a presumption ofservice where a party or a person, who customarily receives mail, orreceives it in the ordinary course ofbusiness, at either the person's residence
2orthe person'sprincipal place ofbusiness, acknowledges receipt ofthe document. We treat Respondent's Briefas a "Requestfor Hearing". We treat Complainant's Reply as a "Motionto Dismiss Request for hearing". Neither party has provided evidence or affidavit supporting their respective position. The record before us is incomplete. WHEREFORE, it be and is hereby ORDERED as follows: 1. Respondent's Briefand prayer for reliefis GRANTED; and 2. Complainant'sMotion to Dismiss is DENIED; and 3. Our Procedural Order served June 26, 2014 is vacated; and 4. Complainant shall file a Complaint on or before September 19, 2014.

Richard C. Goodwin U.S. Administrative Law Judge Attachment

- Service List

3SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1
ONE COPY 

### Global Arms and Ammunition, Respondent 

### David Carl Williams, President 28- 3ih StreetN.E., Suite A Auburn, W A 98002 TEL: 206-325-9400 Kyle E. Lomazow, Complainant's Counsel 

### Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Avenue S.W. Renton, W A 98057 TEL: 425-227-2164 FAX: 425-227-1007 The Honorable Richard C. Goodwin,AdministrativeLawJudge 

### Office ofHearings, M-20 · U.S.Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0320 (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. 4