UNITED STATES DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

IN RE: OFFSHORE FLIGHT SCHOOL, INCORPORATED CASE NO.FAA-2014-0691

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HEARING BEFORE THE HONORABLE DOUGLAS M. RAWALD FRIDAY, SEPTEMBER 16, 2016 3:06 P.M. HISTORIC JORDAN SPRINGS 1160 JORDAN SPRINGS ROAD STEPHENSON, VIRGINIA 22656In 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25In 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'mIn 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 aIn 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.) 25In 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. 5 6 It was requested that the matter be taken by the 7 reporter and that the same be reduced to typewritten 8 form. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 2 3 4

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25 24 23 22 **CERTIFICATE OF REPORTER AND SECURE ENCRYPTED**

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July 31, 2018 SEPTEMBER 2016In Re: Offshore Flight School, Inc September 16, 2016 VR # 4059-1 Page 9

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