UNITED STATES DEPARTMENT OF

 TRANSPORTATION OFFICE OF HEARINGS

IN RE: OFFSHORE FLIGHT SCHOOL, INCORPORATED

CASE NO.FAA-2014-0691

_____________________________________________________

 HEARING BEFORE

 THE HONORABLE DOUGLAS M. RAWALD

 FRIDAY, SEPTEMBER 16, 2016

 3:06 P.M.

 HISTORIC JORDAN SPRINGS

 1160 JORDAN SPRINGS ROAD

 STEPHENSON, VIRGINIA 22656
In Re: Offshore Flight School, Inc September 16, 2016 VR # 4059-1 Page 2

1 APPEARANCES

2 ON BEHALF OF THE PLAINTIFF,

3 FEDERAL AVIATION ADMINISTRATION:

4 CHARLES RALEY

5 FAA OFFICE OF THE CHIEF COUNSEL, ENFORCEMENT DIVISION

6 800 INDEPENDENCE AVENUE, SOUTHWEST

7 WASHINGTON, DISTRICT OF COLUMBIA 20591

8 TELEPHONE: 202.267.3357

9 FACSIMILE: 202.267.5106

10 E-MAIL: CHARLES.RALEY@FAA.GOV

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In Re: Offshore Flight School, Inc September 16, 2016 VR # 4059-1 Page 3

1 HEARING

2 FRIDAY, SEPTEMBER 16, 2016

3 3:06 P.M.

4 THE COURT: Good afternoon, this is

5 Judge Rawald, I understand Mr. Raley's on the phone.

6 MR. RALEY: Yes, Sir.

7 THE COURT: Am I saying that correctly?

8 MR. RALEY: Raley, Sir.

9 THE COURT: Raley. Okay.

10 MR. RALEY: Yes, Sir.

11 THE COURT: And, Mr. Bettencourt is not

12 on the phone? I don't hear him. And, we have a court

13 reporter?

14 COURT REPORTER: Yes, Sir.

15 THE COURT: Okay. Just for your

16 purposes, I have a legal advisor in my office as well,

17 Jackie Booker; B-O-O-K-E-R. We'll go ahead and go on

18 the record. This is a Pre Hearing Conference in the

19 case of Offshore Flight School, Incorporated, Docket

20 Number FAA2014-0691. Today's date is September 16,

21 2016, 3:00 P.M. Eastern Time. This is Administrative

22 Law Judge Doug Rawald. I'm joined in a call by

23 Charles Raley the Government Representative. The

24 attorney for the respondent, Mr. David Bettencourt,

25 has not called in for the Pre Hearing Conference. I'm
In Re: Offshore Flight School, Inc September 16, 2016 VR # 4059-1 Page 4

1 also joined in my office by a legal attorney, Ms.

2 Jackie Booker.

3 Okay. So, Mr. Raley you sent us an

4 email yesterday indicating that you have reached an

5 agreement with Mr. Bettencourt on this case, is that

6 correct?

7 MR. RALEY: That is correct, Sir. The

8 parties have entered into a settlement agreement and I

9 have received an electronic copy of the signed

10 documents, signed by Mr. Bettencourt and the owner of

11 Offshore Flight School, Inc.

12 THE COURT: Okay. And, has the

13 government signed it as well or do you have to get

14 someone to sign it over there still?

15 MR. RALEY: Well, I have to sign it but

16 I'm currently on travel in Denver, on my way back to

17 Los Angeles today. But, I will have that signed and

18 executed with full intent. We drafted the agreement

19 and we intend to honor the agreement.

20 THE COURT: Okay. And, then once you

21 sign it will you go ahead and submit a withdrawal

22 then?

23 MR. RALEY: According to the terms of

24 the agreement, the withdrawal will be submitted

25 initially by Offshore. They'll file a withdrawal of a
In Re: Offshore Flight School, Inc September 16, 2016 VR # 4059-1 Page 5

1 request for a hearing. Upon receipt of the withdrawal,

2 we will withdraw our complaint.

3 THE COURT: Okay. I only need one

4 party to withdrawal, just so that you understand for

5 future agreements. It doesn't matter who from my point

6 of view. The regulation it says anytime either the

7 attorney for the agency can withdraw the complaint or

8 the party for the responding party can withdraw the

9 request for hearing. And, at that point, I must

10 dismiss this case. So, but you're telling me, at this

11 point in accordance to the agreement, the respondent

12 will submit a withdrawal and if he does not then we'll

13 figure out what happens next?

14 MR. RALEY: Yes, Sir. And, I'll take

15 your advice sent back and we'll discuss the complexity

16 of these agreements.

17 THE COURT: Right. I mean, understand

18 there's no reason for that to be a hold up. The

19 problem is you get somebody that signs off on an

20 agreement, you don't want to then be hanging around

21 with a case on your docket if you can get rid of it

22 yourself, by filing withdrawal notice from the

23 government side.

24 MR. RALEY: Understood, Sir.

25 Understood.
In Re: Offshore Flight School, Inc September 16, 2016 VR # 4059-1 Page 6

1 THE COURT: But okay. So, I don't

2 think there's anything else for us to discuss then.

3 If for some reason they don't file a withdrawal within

4 a short order, then I will have to take action because

5 I don't want this case to hang around without anything

6 happening. But, what I'll note in my pre hearing

7 conference report, which I'll issue on Monday, is the

8 parties have assigned a settlement agreement. And,

9 the term of the agreement is that the Respondent will

10 then file the withdrawal of the request for hearing.

11 And, I will advise both sides, once I receive that, I

12 will dismiss the case with prejudice as required by

13 the regulation. Anything else to discuss, Mr. Raley?

14 MR. RALEY: No, Sir. Thank you for

15 your time.

16 THE COURT: Okay. So, please do follow

17 up with Mr. Bettencourt, let him know the sooner he

18 can file the better, I'd really appreciate it, so we

19 can get this case off the docket. And, with that, I

20 think that's all we have to discuss. So, then we'll

21 go off the record, thank you.

22 MR. RALEY: Thank you, Sir.

23 THE COURT: Okay. Bye.

24 (WHEREUPON, the Hearing concluded at 3:09 P.M.)

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In Re: Offshore Flight School, Inc September 16, 2016 VR # 4059-1 Page 7

1 STIPULATION

2

3 The foregoing matter was taken on the date, and at

4 the time and place set out on the title page hereof.

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6 It was requested that the matter be taken by the

7 reporter and that the same be reduced to typewritten

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CERTIFICATE OF REPORTER AND SECURE ENCRYPTED

 I, Steven J. Killings, Notary Public, do hereby

 certify that the foregoing matter was reported by 

 stenographic and/or mechanical means, that same was 

 reduced to written form, that the transcript prepared 

 by me or under my direction, is a true and accurate 

 This transcript and certificate have been digitally

 or otherwise interest in the action filed or its outcome.

 record of same to the best of my knowledge and ability; 

 or counsel employed by the parties hereto, nor financial

 that there is no relation nor employment by any attorney 

Court Reporter / Notary

SIGNATURE AND DELIVERY OF CERTIFIED TRANSCRIPT

 signed and securely delivered through our encryption

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 IN WITNESS HEREOF, I have here unto set my hand 

 this day of , .

Notary Registration Number: 7609013

My Commission Expires: 

Steven J. Killings

20TH

July 31, 2018

SEPTEMBER 2016
In Re: Offshore Flight School, Inc September 16, 2016 VR # 4059-1 Page 9

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