; ' .. -; ; " 

SERVED: JULY 29, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

: _: - i 

IN THE MATTER OF 

GLOBAL ARMS AND AMMUNITION 

DOCKET NO. FAA 2014-0320 

(Civil Penalty Action). 

ORDER ON 

RESPONDENT'S BRIEF OF APPELLANT 

COMPLAINANT'S REPLY TO BRIEF OF APPELLANT 

Global Arms and Ammunition (hereinafter "Respondent") filed a brief dated May 

29, 2014, arguing it was not properly served with an underlying Notice of Civil 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 of Proposed 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 of Global 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 of the Notice and on its 

own initiative 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 of the pending civil penalty. 

Complainant averred: 

... On March 14,2014, Complainant served an Amended 

Final Notice ofProposed Civil Penalty (Final Notice) 

which gave Respondent twenty days to respond. 

Complainant served an Order Assessing Civil Penalty on 

April 4, 2014 after Respondent had failed to respond to the 

Final Notice. On June 3, 2014, more than eighty days after 

the Final Notice was served and sixty days after the Order 

Assessing Civil Penalty was served Respondent requested a 

hearing ... 

Respondent admits in the first paragraph that the Notice 

was properly addressed to Global Arms, but that it was 

given to Mr. Allion Brewer who is not an employee of 

Global Arms. 

It is not Complainant's responsibility to ensure that actual 

employees of a company are there to receive documents 

that have been properly addressed to that company. 

Respondent offers no explanation as to why someone who 

does not work for Respondent is receiving mail on behalf 

of the Respondent at the Respondent's business address and 

nor should it matter: 

Moreover, the first time that Respondent alerted 

Complainant that "service was not proper," was in an email 

dated May 23, 2014. A follow-up email from the same 

individual stated that the person who received 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 same building. 

14 C.F.R. §13.211(h) states: 

There will be a presumption of service where a party or a 

person, who customarily receives mail, or receives it in the 

ordinary course of business, at either the person's residence 

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or the person's principal place of business, acknowledges 

receipt of the document. 

We treat Respondent's Brief as a "Request for Hearing". We treat Complainant's 

Reply as a "Motion to 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 Brief and prayer for relief is GRANTED; and 

2. Complainant's Motion 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 

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SERVICE 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 Street N.E., Suite A 

Auburn, W A 98002 

TEL: 206-325-9400 

Kyle E. Lomazow, Complainant's Counsel 

Office of Regional 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, Administrative Law Judge 

Office of Hearings, M-20 · 

U.S.Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. 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. 

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