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SCOTT R. MORRIS 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227.1007 

w:wm OF 

iSPORTMlON 

M HAH 2U P !• 3b 

RECEIVED 

"VA;^ 15 2011 

•lEARING DOCKET 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Westmark Industries, Inc. 

FAA DOCKET CP06NM0008 

FAA Case No. 2006NM700095 

DMS No. FAA-2006-26338 

Judge: Richard C. Goodwin 

To: Honorable Richard C. Goodwin 

2°'' Renewed Motion for Decision 

Pursuant to Section 13.218(f)(5) of the Federal Aviation Administration's (FAA's) Rules 

of Practice in Civil Penalty Proceeding, 14 C.F.R. § 13.218(f)(5), the Administrator of the FAA 

renews his Motion for Decision. 

Introduction 

This Court should grant this motion for decision because there are no genuine issues of 

material fact and FAA is entitled to a decision as a matter of law. This case involves the 

Respondent offering for transportation in air commerce hazardous materials in excess of the 

maximum quantity allowed for passenger carrying operations without proper shipping papers by 

use of an employee that was not properly trained per the requirements of the hazardous material 

regulations. 

Complainant's 2d Renewed Motion for Decision 

In the of Westmark Industries, Inc. - CP06NM0008 

Page 1 of 3 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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Procedural Background 

On November 7, 2006, Respondent requested a hearing in response to the Complainant's 

Final Notice of Proposed Civil Penalty proposing a civil penalty in the amount of $16,000. On 

November 16, 2006, the Agency issued a Complaint in this case. DMS Document 2006-26338-

0003. Respondent failed to Answer the Complaint. On May 25, 2007, Complainant filed a Motion 

for Decision arguing no material facts remained at issue and that it is entitled to a decision as a 

matter of law. DMS Document FAA-2006-2633 8-0001. On July 18, 2008, Complainant renewed 

its Motion for Decision, for after twenty (20) months no. Answer had still been received. DMS 

Document FAA-2006-2633 8-0002. On February 24, 2011, the Chief Judge assigned this matter to 

your honor. Given that over four years have passed and Respondent still has not filed an Answer, 

Complaint believes that it this case is ripe for a Motion for Decision. 

Conclusion 

The FAA respectfully requests that this Court grant its Motion for Decision. If any 

fiirther litigation is warranted, the pleadings clearly establish that it should be limited to the 

sanction to be imposed in this case. 

Respectfully submitted this 7th day of March 2011. 

4i:?='ScottR. Morris 

^^ FAA Attorney 

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Complainant's 2d Renewed Motion for Decision 

In the of Westmark Industries, Inc. - CP06NM0008 

Page 2 of 3 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's 2d Renewed Motion for Decision has been 

served via facsimile and certified mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm El2-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

FAX: 202.493.5020 

I hereby certify that the foregoing Complainant's Motion for Decision has been served via 

Regular and Certified Mail - Return Receipt Requested this date, to the following: 

Westmark Industries, Inc. 

Owner Michael Offer 

6701 SWMcEwanRoad 

Lake Oswego, OR 97035-7815 

Dated this 7th day of March, 2010. 

MOEFAIR CHIN 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

Complainant's 2d Renewed Motion for Decision 

In the of Westmark Industries, Inc. - CP06NM0008 

Page 3 of 3 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007