U.S. Department 

of Transportation 

Federal Aviation 

Administration 

March 20,2013 

FACSIMILE (202) 366-7536 & U.S. FIRST CLASS MAIL 

The Honorable .T.E. Snllivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

In the Matter of Scott Tice 

Docket No. FAA-2013-0042 

Case No. 2012NE700211 

Dear Judge Sullivan: 

12 New England Executive Park 

Burlington, MA 01803-5299 

Telephone: (781) 238-7058 

FAX: (781) 238-7055 

RECEIVED 

MAR 2 9 2013 

HEARING DOCKET 

In reference to the above matter, enclosed please find Complainant's Motion for Order Deeming 

Allegations Admitted and to Limit Hearing to the Issue of Civil Penalty. 

Sincerely, 

Attorney 

Enclosures 

cc: Hearing Docket 

Mr. Scott Tice 
In the Matter of 

SCOTT TICE, 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FAA Case No. 2012NE7002ll 

FAA Docket No. FAA-2013-0042 

Respondent. Date: March 20, 2013 

The Honorable J.E. Sullivan 

Administrative Law Judge 

COMPLAINANT'S MOTION FOR ORDER DEEMING ALLEGATIONS ADMITTED AND 

TO LIMIT HEARING TO ISSUE OF CIVIL PENALTY 

The Complainant, Federal Aviation Administration (FAA), pursuant to the Rules of 

Practice in FAA Civil Penalty Actions under 14 CFR Part 13, Subpart G (the "Rules"), moves 

the Administrative Law Judge (ALJ) for an Order deeming the a1legations in the complaint 

admitted, for a decision in favor of the Complainant on the issue of liability, and to limit any 

hearing in the above-captioned matter to the isstle of civil penalty amount. In support thereof, the 

Complainant states as follows: 

L Section 13.209(a) of the Rules requires a respondent to file a written answer to the 

complaint, or a written motion pursuant to sections 13 .208( d) or 13 .218(i)( 1 )-( 4) of the 

Rules, not later than 30 days after service of the complaint. Complainant served its 

complaint upon Respondent on January 29, 2013 via certified mail, return receipt 

requested and first class mail. 

2. Respondent indicated receipt of the Complaint via certified mail by signing the retum 

receipt on February 11, 2013 (Exhibit A). 
3. On or about February 21, 20 I 3, Respondent served conespondence upon the FAA vvhich 

contained only a request that the instant proceeding be held in Minneapolis or within 

proximity to his residence in Wisconsin, or alternatively, by telephone. Said 

correspondence contained no specific admission, denial, or statement of insufficient 

knowledge with regard to each numbered paragraph of the complaint, as required by 

Section 13 .209( e) of the Rules. (Exhibit B). 

4. Under the Rules, Respondent was required to file an answer by February 28, 2013. 

5. As of this date, Respondent has failed to serve Complainant with an answer or other 

written motion in response to the complaint. Further inquiry with the AU's 

administrative staff indicated that the ALJ had not received an answer either. 

6. Section 13.209(£) of the Rules provides that, "A person's failure to file an answer without 

good cause shall be deemed an admission of the truth of each allegation contained in the 

complaint." 

7. Consequently, because Respondent has failed to file an answer as of this elate, each 

allegation contained in the cori1plaint should be deemed admitted as true. The 

Administrator has previously affirmed an AU's order deeming the allegations in a 

complaint admitted when the Respondent filed the answer sixteen clays late. In the 

Matter of Lany' s Flying Service. Inc., FAA Order No. 98-4 (March 12, 1998). In the 

present case, Respondent is twenty (20) days beyond the deadline set by the Rules as of 

this date. 

8. Under these circumstances, the facts as alleged in the complaint should be deemed 

admitted, thus supporting a finding of violations of 49 CFR sections 171.2( e), 172.200(a), 

172.204(a), 172.204( c)(l), 172.204(c)(2), 172.300(a), 172.301 (a), 172.304(a)(1), 

172.400(a), 172.600(c)(1 ), 173.1 (b) and 173 .27(b)(l) against Respondent. 
v 

WHEREFORE, Complainant respectfully moves the ALJ for an Order deeming the 

allegations in the complaint admitted, for a decision in favor of the Complainant on the issue of 

liability, and to limit any hearing in the above-captioned matter to the issue of civil penalty 

amount. 

Respectfully submitted this 20th day of March, 2013. 
CERTIFICATE OF SERVICE 

I certify that the foregoing has been mailed this date by Certified Mail, Return Receipt 

Requested, to: 

Respondent 

Mr. Scott Tice 

21125 Tim berland Road 

BmTonett, WI 54813-9540 

I certify that the foregoing has been sent via Facsimile and by U.S. First class Mail this 

date to: · 

DONNA SORENSEN 

Program Analyst 

Administrative Law Judge 

The Honorable J.E. Sullivan 

Administrative Law Judge 

Office ofHearings, M-20 

U.S. Depmtment of Transportation 

1200 New Jersey Avenue, S.E. (Ell-31 0) 

Washington, DC 20590 

Fax: (202) 366-7 536 

and 

Hearing Docket 

Federal Aviation Administration (Original and One copy) 

800 Independence Avenue, SW 

Wilbur Wright Building-Suite 2Wl 000 

Washington, DC 20591 

Fax: (202) 493-5142 

Attn: Hearing Docket Clerk, AGC-430 

March 20,2013 
a Complete items 1, 2; and 3. Also complete 

item 4 if Restricted Delivery Is desired. 

if Print your name and address on the reverse 

so that we can return the card to you. 

a Attach this card to the back of the mailpiece, 

or on the front if space permits. 

1. Article Addressed to: 

IVlr. Scott 'i'ice 

2112:., liml1crl<md Road 

Barronett WI:S4813-9S40 

RBS 1-29-201.3 Ccmplaint 

A. 

X 

B. 

D. Is delivery address difierent from item 1? 

If YES, enter delivery address below: ~ No 

3. Service Type 

0 Certified Mall 

0 Registered 

0 Insured Mall 

0 Express Mall 

0 Return Receipt for Merchandise 

oc.o.o. 

4. Restricted Delivery? (Extra Fee) 0 Yes 

7005 3110 0002 5669 0049 

(Transfer 110111 se1 vJce Jaoco 

2. Article N 

PS Form 3811, February 2004 Domestic Return Receipt 102595·02·M·1540 
.. 

Served: February 21, 2013 

In the matter of Scott Tice, FDMS NO. F AA-2013-0042 (previously designated as Case 

No. 2012NE700211) 

I hereby request that the proceeding be held in Minneapolis or in another location within 

reasonable proximity to ·my residence in northern Wisconsin. If that is not possible, I 

request that I be allowed to participate by telephone. 

~-E8 2 5 2013 

Scott Tice