SERVED: APRIL 18, 2011 

•c^ARTMFNTOF^ 

U.S. DEPARTMENT OF TRANSPORTATION • '•;. •':i.'j^*pORTATi^^ 

OFFICE OF HEARINGS ' •• '-^^-^f-^ ^^^'^-

WASHINGTON, DC ,^., ,^^ , ^ ^ ^,^ ^ 

IN THE MATTER OF 

MICHAEL KILDUFF 

F AA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0063 

ORDER TO SHOW CAUSE OF CHIEF ADMINISTRATIVE LAW JUDGE 

This proceeding arises from a Final Notice of Proposed Civil Penalty apparently served 

on Michael Kilduff ("Respondent") on August 11, 2010,' by the Office of Regional Counsel, 

Southwest Region ("Complainant"), Federal Aviation Administration ("FAA"); Respondent*s 

Request for Hearing dated August 24,2010;^ and a Complaint served January 26, 2011, alleging 

violations of the Federal Aviation Regulations ("FAR") and seeking a civil penalty of $1,000. 

The undersigned was assigned to this proceeding by Notice served February 17, 2011. 

Respondent has not filed a written answer to the Complaint or a motion. For the reasons 

set forth below, we order Respondent to show cause, on or before May 6,2011, why an order 

should not be entered assessing a civil penalty in the amount of $ 1,000. 

The Rules of Practice^ provide a respondent the opportunity to request a formal hearing 

to challenge a proposed enforcement action by the Complainant.^ Such a hearing is provided for 

vice. 

The Final Notice of Proposed Civil Penalty, dated August 11, 2010, is not accoifip9lued fay a certificate of serN \ 

^ Letter, Michael Kalduff, to the Hearing Docket, FAA, RE: Case Number 2008S\SC290060 ('^Request for Hearing"). 

^ Compl. pt. III., at 2. . ' . 

* Notice of Assignment of Proceeding. ^, 

^ Part 13, Subpart G, of the Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235). 

^5e^l4C.F.R.§ 13.16(h). 
the benefit, and at the option, of the respondent. To preserve this opportunity, a respondent must 

comply with the Rules of Practice and the Judge's orders. Those rules provide, inter alia, that 

the respondent must file a written answer or motion within 30 days of service of the complaint; 

that a general denial is deemed a failure to file an answer;^ and that failure to file an answer 

without good cause is deemed an admission of all allegations in the complaint. A pre-complaint 

response to a Notice of Proposed Civil Penalty does not satisfy the requirement for an answer.'^ 

Respondent has not filed an answer to the Complaint. Thougli Respondent requested a 

hearing on August 24, 2010 and sent a second letter to Complainant*s Counsel, both communications preceded the Complaint—the first by five months and the second by nearly two 

weeks—and neither addressed the substance of the alleged violations. Because a pre-complaint 

response to a notice of proposed civil penalty is not considered an answer to the complaint, neither of Respondent's letters is a proper substitute for an answer. 

Accordingly, IT IS ORDERED THAT— 

1. Respondent, on or before May 6,2011, shall file and serve a response (a) indicating: 

(1) why the allegations of the Complaint should not be deemed admitted and an order assessing a 

civil penalty should not be entered against him; and (2) why Respondent should be permitted to 

file a late answer to the Complaint; and (b) attaching a proposed answer to each and every allegation of the complaint. 

2. Absent such a filing by Respondent on or before May 6, 2011, the allegations of the 

^ § 13.209(a). 

^ § 13.209(e). 

^ § 13.209(f). Each of these provisions was reiterated for the parties in Order of Chief Administr^ve Law 

Judge Establishing Procedures, at 1 (Feb. 17,2011). " . , 

'" DonaldM. Missirlian, FAA Order No. 97-19, at 2 (May 23, 1997); Merritt'A. Grhnt, FAA Order No. 94-5, at 

5 (Mar. 10,1994) ("It has previously been held .. . that responses to pre-coioplaint ddcumenls do not satisfy the 

requirement for an answer."), cited in Island Helicopters International, Ltd., FAA Docfcet No. CP08SO0013, FDMS 

No. FAA-2008-0693, Order to Show Cause of Chief Administrative U w Judge, at 2 n.l5 (Aug. 11, 2010). 

" 5ee 5«/?ra note 2 and accompanying text. 'A. 

' ^ Letter, Michael Kilduff, to the attention of Yolanda Bemal ('Tlease find enclosedVcopy of the letter dated 

8/24/10 that was mailed to you on that same date."). 

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Complaint shall be deemed admitted and the Complaint shall become an order assessing a civil 

penalty in the amount of $ 1,000; and 

3. A copy of this order shall be sent to Respondent by registered or certified mail at his 

address as shown in the file of this case. 

SO ORDERED. 

Ronnie A. Yoder 

Chief Administrative Law ^ud^e 

Attachment - Service List 

\ . 

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\ i 
FDMS NO. FAA-2011-0063 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building—Suite 2W1000^^ 

ONE COPY 

Michael Kilduff, Respondent 

430 Jackson Street 

Woodstock, VA 22664 

TEL: 

FAX: 

Yolanda Ayala Bemal, Complainant's Counsel 

Safety Enforcement Branch 

Soutiiwest Region, ASW-7E3, YAH 

Office of the Regional Counsel 

Federal Aviation Administration 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137-0007 

TEL: 817-222-5070 

FAX: 817-222-5945/5092 

The Honorable Ronnie A. Yoder, 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

'^ Service was by U.S. Mail. For service in person or by expedited courier, use theiblldwing address; Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Siiite 2W1000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

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