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 ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 In the Matter ofScottTice 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 OrderDeeming Allegations Admitted and to LimitHearing to the Issue ofCivil Penalty. Sincerely,

Attorney Enclosures
cc: Hearing Docket Mr. Scott TiceIn the Matter of
SCOTT TICE, U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA Case No. 2012NE7002ll FAADocketNo. 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), pursuantto 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 ofthe Complainant onthe issue ofliability, and to limit any hearing in the above-captioned matterto the isstle ofcivil penalty amount. In support thereof, the Complainant states as follows:


### L Section 13.209(a) ofthe Rules requires a respondentto file a written answerto the complaint, or a written motion pursuant to sections 13.208(d) or 13.218(i)(1 )-(4) ofthe Rules, not later than 

### 30 days after service ofthe complaint. Complainant served 

### its complaint upon Respondent onJanuary 29, 2013 via certified mail, return receipt requested and first class mail.
2. Respondent indicated receipt ofthe Complaint via certified mail by signingthe retum receipt on February 11, 2013 (ExhibitA).3. On or about February 21, 20I3, Respondent served conespondence upon the FAA vvhich contained only 

### a request thatthe instant proceeding be held in Minneapolis or within proximityto his residence in Wisconsin, or alternatively, 

### by telephone. Said correspondence contained no specific admission, denial, or statement ofinsufficient knowledge with regard to each numbered paragraph ofthe complaint, as required by Section 13.209(e) ofthe Rules. (Exhibit B).
4. Under the Rules, Respondent was required to file an answer by February 28, 2013.
5. As ofthis date, Respondent has failed to serve Complainantwith an answer or other written motion in response to the complaint. Further inquiry withthe AU's administrative staffindicated that the ALJ had notreceived an answer either.
6. Section 13.209(£) ofthe Rules provides that, "A person's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained inthe complaint." 7. Consequently, becauseRespondent has failed to file an answer as ofthis 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. Inthe Matter ofLany's Flying Service. Inc., FAA OrderNo. 98-4 (March 12, 1998). Inthe present case, Respondent is twenty (20) days beyondthe 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 ofviolations of49 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 ofthe Complainant on the issue of liability, and to limit any hearing 

### in the above-captioned matter to 

### the issue ofcivil penalty amount. Respectfully submitted this 20th 

### day ofMarch, 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 Timberland Road BmTonett, WI 54813-9540 

### I certify that the foregoing has been sent viaFacsimile 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 ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC20590 Fax: (202) 366-7536 and Hearing Docket Federal Aviation Administration (Original and One copy) 800 Independence Avenue, SW Wilbur Wright Building-Suite 2Wl000 Washington, DC 20591 Fax: (202) 493-5142 Attn: Hearing Docket Clerk, AGC-430

March 20,2013a 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 BarronettWI: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 ofScottTice, FDMSNO. FAA-2013-0042 (previously designated as Case No. 2012NE700211) 

### I hereby request that the proceeding be held 

### inMinneapolis orin another location within reasonable proximityto·my residence in northern Wisconsin. Ifthat is not possible, 

### I requestthat 

### I be allowed to participate by telephone.

### ~-E8 

### 2 5 2013 Scott Tice