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UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARE^JGS 

WASHINGTON, B.C. ' ^^ r ''^ - ''" T ^^ I "C p** 

IN THE MATTER OF 

KYLE PONSFORD 

FAA DOCKET NO. CP09AL0007 

(Civil Penalty Proceeding) 

DMS NO. l'AA.2009-0729 

\ 1 PARING aOCK|T 

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AGENCY'S REPLY TO RESPONDENT'S APPEAL TO THE FAA DECISIONMAKER 

REGARDING JUDGE'S DECISION 

In a pleading served on March 24, 2010, Respondent appeals to the FAA Decisionmaker 

seeking "a reversal of the judge's decision, and restitution of the costs for defense...." It appears 

the decision he seeks to reverse is the law judge's Order Deeming Allegations admitted and 

Limiting Proceeding to Issue of Civil Penalty, which was served on November 9, 2009. 

The complaint in this matter was served on July 27, 2009. When Respondent failed to file a 

timely answer as required by § 13.209 of the Rules of Practice, 14 C.F.R. Part 13, Subpart G, the 

Agency moved for an order deeming the facts admitted and limiting the hearing to the amount of 

the civil penalty. This motion was granted when Respondent failed to respond to it as well as the 

law judge's Order to Show Cause. By Amended Procedura] Order served on February 24, 2010, 

the law judge has set the matter for a hearing in Juneau, Alaska, on June 29, 2010. 

Because the law judge has not yet issued an initial decision in this matter, the only means 

available to Respondent to appeal the law judge's order is through an interlocutory appeal under 

§ 13.219 of the Rules of Practice. Under § 13.219, there are essentially two avenues for an 
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interlocutory appeal. The first is for cau.se under subsection (b), and the second is of right under 

subsection (e). In order to file an interlocutory appeal under sub.section (b), the Respondent must 

first file a request for an interlocutory appeal for cause with the law judge, and may only file an 

interlocutory appeal to the FAA Decisionmaker if the law judge grants the request based on a 

finding thai delay would be deirimcntal to the public interest or would result in undue prejudice 

to a party. An interlocutory appeal of right under subsection (c) is only authorized if the law 

judge has (1) barred a person from the proceedings; (2) failed to dismiss the proceedings 

pursuant to § 13.215 ofthe Rules of Practice; or (3) issued a ruling in violation of § 13.205(b) of 

the Rules of Practice. 

Here, Respondent has not submitted, and the law judge has not granted, a request for an 

interlocutory appeal. Likewise, there is neither an allegation nor indication that the law judge 

has barred someone from the proceedings, failed to dismiss the proceedings in accordance with 

§ 13.215, or issued a ruling in violation of § 13,205(b). There is, therefore, no basis for an 

interlocutory appeal, and, thus, Respondent's Appeal to the FAA Decisionmaker Regarding 

Judge's Decision must be dismissed. 

Respectfiilly submitted this 31'' day of March 2010. 

HOWARD L. MARTIN. JR. 

Regional Counsel 

Glenn H. Brown 

Senior Attorney 
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CERTIFICATE OF SERVICE 

Re: Kyle Ponsford 

FAA Docket No. CP09AL0007 

DMS No. FAA-2009-0729 

I hereby certify that on this date I have served a copy ofthe Agency's Response to Respondent's 

Appeal lo the FAA Decisionmaker Regarding Judge's Decision by po.stage-prepaid, certified 

mail, return receipt requested, and facsimile to ihe following: 

The Honorable Richard C. Goodwin 

Office of Hearings, M-20; 

U.S. Department of transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El 2-320 

Washington, DC 20590 

FAX: (202)366-7536 

Kyle Ponsford 

HC 60 Box 3394 

Haines, AK 99827 

I further certify that on this date I have served the original and two copies ofthe Agency's 

Response to Respondent's Appeal to the FAA Decisionmaker Regarding Judge's Decision by 

postage-prepaid, certified mail, return receipt requested, and facsimile addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2WI000 

FAX: (202)493-5020 

DATED: ^:^^ . 3/,^OJO 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587