12/0G/20 n 15 53 FAX 2024935142 FAA - DM S glOOl/OOi 

MILLER & ASSOCIATES 

Attorneys and Counselors at Law 

5005 SW Meadows Road, Suite 405 

Lake Oswego, Oregon 97035 

Timothy E. Millor f 

Stuart W. Smith ' 

TAISO AdrniHed in Alaska 

'Also Admitted in Washington 

Telephone (503) 598-1966 

Facsimile (503) 598-9593 

November 29,2011 

:..L'".^• , 

FEDF-X OVERMGHT PKLIVERY 

Federal Avi^lion Administralion 

Hearing Docket Clerk, AGC-430 

Wilbur Wnghl Building - Smie IWiOOO 

SOO Independence Avenue SW 

Washington, DC 20591 

ReDear Clerk: 

FAA/Administrator v. Medford Air Service, LLC 

Case No.: 2011NM090054 ^ ,. 

Our File No. 474.1 C^OU" I 

! n 

. : -^ -:^' ":ri 

CD CO 

Enclosed please fuid an original and a copy of Respondent's Request For Hearing and 

Notice of Appearance of Timothy E. Miller and Stuart W. Smith in tiie above-referenced matter. 

Cordially yours, 

''.^ y 

/ 

' ^n^amona Bringas (__ 

Paralegal to Stuart Smith 

/rb 

Enclosures 

cz: David Shavne 

RECEIVED 

DEC - 1 

HiARlNG DOCKET 
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UNl'lED STATES OF AMERICA 

NATIONAL TRANSPORTATION SAFETY BOARD 

WASHINGTON, D.C. 

Original 

/VDMlNrSTRATOR 

Federal Aviation Administralion. 

Complainant, 

MEDFORD AIR SERVICE, LLC, 

Respondent 

FAA Case No. 2011NM090054 

RECEIVED 

OEC- 1 20 « 

HEARING DOCKET 

) 

REQUtST FOR HE^VRJNG 

Respo".dcnt, through undersigned counsel, and pursuant to FAR 1316 § (g)(2)(ii), hereby 

requests a hearing in response to the Federal Aviation Administration's Final Notice of Proposed 

Civil Penalty dated November 23, 2011, acopy of which is enclosed. All further Notices, 

Pleadings and Documents should be sent to the undersigned counsel. 

DATED this 29'^ day of November, 2011. 

MILLER & ASSOCL^TF.S 

Bv 

S'niart W. Smith, OSB No. 044209 

Timothy E. Miller, OSB No. 820010 

limmillciwmi I lerarKb ss_ociatc s uvn.coin 

Of Attorneys for Respondent 

Page 1 of U REQUEST FOR HEARING MILLUP .t .^i:i•0^[.^Tf•S 

50n£ SW Ntea>1f>ii.-s i^iiid. Suiio 405 

Lif-t; Oiuc^..,, Ortqon 97Cn5 

Telephone (503.1 ryfi.ioish 

Fax: 1503) S^-tX-'.'?''.' 
12/0G/2O11 15:53 FAX 2024935142 FAA - DMS ^003/00 8 

O 

U.S. Department 

Of Transportation 

Federal Avintion 

Administi-Htion 

Office of Regional Counsel 

November 23. 2011 

Northwegt Mountain Region 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425)227-2165 

Fax: (425) 227-1007 

david.f^ihayne@faa.gov 

FAA Case No. 20nNM090054 

VIA riRST-CT.ASS AND CERTIFIED MAIL - RETUim RECEIPT REQUESTED l^/f/lf 

To; President 

Mcdford Air Service, LLC 

4002 Cirrus Or. 

Medford OR 97502 

FINAL NOTICE OF PRO?OSED CIVIL PENALTY 

On August 31, 2011, Medford Air Service, T,LC was advised through aNotice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $ 11,000. Wc 

have considered the information submitted in response to that Notice. 

After considering all the information presently apart of this proceeding, including the 

information Medford Air Service, LLC presented at the October 3. 2011, informal 

confer ence, it appears that: 

i. Medford Air Ser^'ice, LT..C (MAS) is now, and at all limes mentioned herein was, the 

owner and/or operator of a Cessna Model CF.-.'550 aircraft, N9DC. 

2. On or about April 15, 2011, MAS operated N9DC on a flight thai was conducted as a 

direct air carrier operation, carrying passengers for compensation or hire. 

3. MAS operated the flight referenced above without holding, or without ever having 

ohtoined, a direct air carrier certificate with appropriate Operation?; Specifications and 

economic authority from the Department of Transportation. 

4. MAS operated the flight referenced above without having prepared and having kept 

cunent a manual setting forth the procedures and polieies acceptable to the 

Administrator. 

5. Far the flight referenced above, MAS used a pilot in c<>mmand who: 

(0) had not passed a written or oral itsl, given hy the Administrator or authorized 

check pilot within the preceding twelve (12) calendar months, on the subject 

specified in 14 C.F.R. § 135.293(a). 
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jM.edford Air Seivice. LLC-FAA Case No. 2011NM090054 

November 23, 2011 

Page 2 

(b) had not passed a competency check, given by the Administrator or authorized 

check pilot, in the type of aircraft identified in paragraph L within the 

precedmg twelve (12) calendar months. 

(c) had not, within the preceding twelve (12) calendar months, passed a flight 

check given by the Administrator or authorized check pilot, consisting of at 

least 1 flight over 1 route segment, and including takeoffs and landings at I or 

more representative airports. 

By reason of the foregoing oireumstances, it appears tliat MAS violated the following 

sections of the Federal Aviation Regulations (14 C.F.R.); 

a. Section 119.5(g), in that MAS operated as a direct air carrier without an 

appropriate certificate or appropriate Operating Specifications. 

b. Section 119.5(1), in that MAS operated an aircraft under Part 135 of the 

Federal Aviadon Regulations in violation of its operations specifications. 

c. Section ] 19.5(i), in dial MAS operated as a direct air carrier without 

holding appropriate economic authority from the Department of 

Transportation. 

d. Section 119.33(b)(2), In that MAS operated as a direct air carrier for 

compensation or hire without having obtained an operating certificate. 

s. Section 119.33(b)(3), in that MAS operated as a direct air earner for 

compensation or hire without having obtained Operations Specillcations that 

prescribe the authorizations, limitations, and procedures under which each 

kind of operation must be conducted. 

f Section 135.21(3), in that MAS operated as a direct air carrier for 

compensation or hire and used more than one pilot without having prepared 

and having kept current a manual setting forth xhc: procedures and policies 

acceptable to the Adminisurator. 

g. Section 135,95(b), in that MAS used a pilot, m a direct air carrier operation, 

who was not qualified for the operation for which he was used. 

h. Section 135.293(a), in that MAS used a pilot, in a direct air carrier operation, 

without having passed a written or oral lest; given by the Administrator or an 

authorized check pilot, within the preceding twelve (12) calendar months, on 

the subjects specified in this section. 

i. Section 135.293(b), in that MAS served as a pilot in commercial operations 

when you had not passed a competency check, given hy the Administrator or 
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Medford Air Service, LLC - FAA Case Kfo. 2011NM090O54 

Novtmhcr23, 3Ul j 

Page 3 

authorized check pilot, in an aircraft that is the same type as a Cessna Model 

CB-550, within the preceding twelve (12) calendar months. 

j . Section 135.299(a). in that MAS used a pilot in command of a flight without 

having within the preceding twelve (12) calendar months, passed a flight 

check given hy the Administrator or authorized check pilot, consisting of at 

least one flight over one route segment, and including takeoffs and landings at 

one or more representative airports. 

Under 49 U.S.C §§ 46301(a) and (d), with modifications set forth at 14 C.F.R. Part 13. 

Subpart H, MAS is subject to a civil penalty not to exceed SI 1.000 for each of the violanons 

noted. "We propose to assess a civil penalty in the amount of-SI 1,000. 

Unless MAS mails or personally delivers, in writing, its request for a hearing in this matter, 

on or before fifteen (15) days after MAS receives this Final Notice, we will issue an Order 

Assessing Civil Penalty and MAS will have no further right to a hearing. If MAS does not 

submit a written request for a hearing, MAS must pay the proposed civil penalty. 

A request for a hearing must be sent to: 

Federal Aviation Administralion 

Attention; Heajing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

800 Independence Avenue SW 

Washington. DC 20591 

A copy mii5t also be sent to the undersigned FAA attorney at the following address: 

Federal Aviation Administration 

Office of Regional Counsel - ANM-7 

Northwest Mountain Region 

1601 Lind Avenue, SW 

Remon, WA 98057 

MAS's request must be dated and signed, in accordance with Section 13.16 of the Federal 

Aviation Regulations, sent to MAS with the Notice ofProposcd Civil Penalty (14 C.KR. 

§ LVI6). 

MAS may pay the proposed penalty by submitting a certified check or money order payable 

to the "Federal Aviation Administration," to the Office of Regional Counsel, Northwest 

Mountain Region, 1601 Lind Avenue SW.. Renton, Washington 98057. 

In the alternative, MAS may pay its civil penalty with a credit card, debit card, or bank account 

debit using the Internet. To pay electronically, visit the web site at htti>://www.pav.gov. Under 

the Search Public Forms option type in "FNM-FINEl." Click on "FAA Civil Penalty 
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Medford Air Service, LLC - FAA Case No. 201INM090054 

November 23, 2011 

Page 4 

Payments," click on "Northwest Mountain Region/' which will bring MAS to the 'TAA Civil 

Penalty Payments-Northwest Mountain Region" page. MAS must complete the requested 

information and click "submit" to pay by credit card or debit card. To use the bank account debit 

MAS \vill need its bank routing number, account number, and check number. 

If MA S has any questions regarding this Final Notice, plea.se contact FAA attorney 

David Shavne at telephone number (425) 227- 2165. 

DWIGHT S.WILLIAMS 

Regional CjE»unsel 

DV: o-^-

David F. Shavne 

FAA Attorney 

DFS/ds 

cc: Stuan W. Smith 

MiUcr & Associates 

5005 SW Meadows Rd.. Suite 405 

Lake Oswego, OR 97035 
12/06/201 1 15:53 FAX 2024935142 FAA - DhlS 007/OOi 

UNITED STATES OF AMERICA 

NATIONAL TRANSPORTATION SAFETY BOARD 

WASHINGTON, D.C. 

RECEIVED 

DEC-I20 H 

HEAR/A,G DOCKET 

ADMINlSTR;\TOR 

Federal Aviation .Administration, 

Complainant, 

MEDFORD AIR SERVICE, LLC, 

Respondent. 

FAA Case No. 201INM090054 

NOTICE 01-' APPE.ARANCE 

Pursuant to FAR 13.204, Timothy E. Miller and Stuart W. Smith, hereby appear for 

Respondent. All further Norices, Pleadings and Documents should be sent to the undersigned 

counsel. 

DATED this 29^^ day of November, 2011. 

MILLER & ASSOCIATES 

By . J .• 

Siuan W. Smith, OSB No. 044209 

stiiartsinithra'jmillcranilasboci.^i:esavn.com 

Timothy E. Miller, OSB No. 820910 

tjmmillcria'millcrjndn.ssociatcsavn.coni 

Of Attorneys for Respondent 

Page 1 of 1-NOTICE OF APPEARANCE MII.LGRA ASSOCIATED 

5005 SW MTUJO^-'S P.^afl. ^jilc -lilS 

I jk c Oswego, Orcuoii 97Q}^ 

Fix: {iV-l y>P.(^.\'i}, 
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CERTIFICATE OF SERVICE 

I hereby certify that 1 served the foregoing RESPONDENT'S NOTICE OF 

APPEARANCE AND REQUEST FOR HF ARING on the following: 

Federal Aviation Administration (By FedEx Overnight) 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

SOO Independence Avenue SW^ 

Washington, DC 2059? 

David F. Sha>-ne (By Fax) 

Office of the Regional Counsel, ANTVI-/ 

1601 Lind Avenue SW^ 

Ren ton, W A 9S057 

Fax: 1-425-227-1007 

FAA Attorney 

by FedEx overnight mailing and by faxing to said attorney a true copy of this document thereof, 

contained in a sealed envelope, with postage paid, addressed to said aiiomey at said atlomey's 

last known address and facsimile number, and deposited with the post office on this 29'^ day of 

November, 2011. 

MILLER & ASSOCIATEvS 

Bv ^ -/. 

SluarfW. S^mtth, OSB No. 044209 

stuarCsmilhux'.millerandass ociatesavn.com 

Trial Anomey: Timothy H. Miller, OSB No. 820910 

timinilleiYgimillen-indassoeialesavn cf^ 

Of Attorneys for Respondent 

Page [ of 1 - CERTIFICATF OF SERVICF Miller & Associates 

5005 SW Meadows Road. Suite 405 

LjkeOsHt.^o, OR 970."^ 5 

Telephone (5031 !i';*i-19ftn 

Fa.x (50.1") y))s-<i^<i2