SERVED: AUGUST 20, 2010 l-HiiON 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

CENOGENICS CORPORATION 

FAA DOCKET NO. CP10EA0007 

(Civil Penalty Action) 

FDMS NO. FAA-2010-0786 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

This proceeding arises from a complaint served August 4, 2010, alleging violation of the 

Federal Aviation Act/Regulations, and the Respondent's request for hearing dated July 27, 2010. 

The undersigned administrative law judge was assigned to this proceeding by Notice served 

August 20, 2010. 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the Federal Aviation Regulations (14-C.F.R. §§ 13.201-13.235 (2009)). Those rules provide, inter alia, 

that the Respondent must file a written answer or motion within 30 days after service of the 

complaint (§ 13.209(a)); that a general denial is deemed a failure to file air answer (§ 13^209(e)7r 

that failure to file an answer without good cause is deemed an admission of each allegation in the 

complaint (§ 13.209(f)), and that a party seeking an extension of time must file a written motion 

at least seven days before the document is due, absent agreement of the parties or good cause 

shown (§ 13.213(a) and (b)). 
To expedite the hearing in this matter, Complainant and the Respondent, on or before 

September 20, 2010, shall file (1) any amendment of the complaint or answer;' (2) an agreed or 

separate proposed procedural schedules, including proposed dates (i.e., specific dates, not merely 

numbers or days before the hearing) for (a) filing stipulations, a list of witnesses, a summary of 

their proposed testimony, and for (b) exchanging exhibits and discovery, if any; (3) a statement 

concerning the status of settlement efforts; and (4) a proposed hearing site and, absent agreement 

ofthe parties, a justification of the proposed site. See 14C.F.R. § 13.217. 

Under FAA Order 2150.3B (Oct. 1,2007) and the Rules governing these proceedings. 

Complainant and the Respondent should continue to consider the possibility of settlement and 

compromise of this matter.^ In cormection with such discussions, the parties should note that 

FAA Order 2150.3B, which establishes standards for the Complainant's conduct and settlement 

of this proceeding, is available on the Internet. See, in particular, chapter 6 (Legal Enforcement 

Actions and Legal Counsel Responsibilities); and either (a) Appendix B (Table of Sanctions), 

pages B-1—B8 (Part One - Abbreviations and Definitions) and those portions of Part Two -

Sanction Guidance Tables, which apply to particular allegations not involving hazardous materials, or (b) Appendix C, which pertains to hazardous materials cases. Upon request of Respon-

' Further amendments are not anticipated absent good cause showa Though 14 C.FJL § ,l3.214(bXl)painits 

amendments at any time more than 15 days before a hearing, utilization of that i»'ovision would [»«vait ordo-ty prq)aration for a hearing and could prevent any hearing at all, because notice of a hfiaring must be given 60 d»}$| m aicWaOf^-

§ 13.221(a). An amendment that might be filed 15 days prior to the hearing would entitle the o^er ]»^V^ tb 20'diQ^ in 

which to reply (§ 13.214(c)), and could generate a new round of schedules (§ 13.217), motions (§ 13.218), and discoveiy 

t5~t5220XTieces5itating^T3osqjonement ofthe hearing, a new 60-day notice, «/cere/-aarf//!^/^ .' : 

^ See Linda Joyce Goodman, FAA Docicet No. CP89WP0061, DMS No. FAA-2004.18292, at 11 (May 30, 

1989), available at www.regulations.gov (concluding that "the prosecuting (^ency attorney must|[<^iiii^^eH}ement and that die Rules do not permit the Chief Counsel to exercise policy control or decisionmakiii| m ftis case or 

in civil penalty cases generally so as to deny prosecutorial discretion with respect to settlement ai|d tpiiiHomise to 

the agency att<miey as defined in the rules"). See also Exec. Order No. 12,988,61 Fed. Rieg. 4729fS'e^. 5,1996), 

which refers to facilitating the just and efficient resolution of civil claims involving the United St^es Government 

and which directs Federal agencies and their litigation counsel to, "as so(»ia9 practicable a ^ aso^taiowg the n»-

ture of a dispute in litigation, and throughout the litigation,... evaluate settlement possibilities and make reasonable 

efforts to settle the litigation." .See a/so FAA Order 2150.3B at paragraph 6-2. , 

^ Accessed at http://rgl.faa.gov by selecting "Orders/Notices," then "Current Orders; By l«^tfihber," then 

"2150.3B 10/01/2007 FAA Compliance and Enforcement Program (Change 1 included)." 
1 

dent, Complainant shall provide Respondent a copy ofthe applicable referenced provisions. 

Submissions sent to the street address ofthe U.S. Department of Transportation, Office of 

Hearings, by regular mail may be delayed up to four weeks due to postal screening and may be 

"irradiated," which may result in pages being fused together. Accordingly, parties who serve 

submissions on the Judge by regular mail should also fax, express carrier, or personally deliyer 

those submissions. The certificate of service should reflect the manner of service. 

Compromise may be effected with or without a finding of violation (§ 13.16(n)). Each 

party's filing shall include a telephone number where the party can be reached by the Judge for 

prehearing telephone conferences. 

SO ORDERED. 

lie A. Yoder 

Chief Administrative Law 
FAA Docket No. CP10EA0007 

(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 Katz, President 

Cenogenics Corporation, Respondent 

100 Route 520 Drawer 308 

Morganville,NJ 07751 

TEL: 732-536-6457 

FAX: 732-972-8527 

Jeanine C Gotimer, Complainant's Counsel 

Attorney, Office ofthe Regional Counsel, EAL-7 | ' 

Eastern Region 

Federal Aviation Administration 7 f 

1 Aviation Plaza ', 

Jamaica, NY 11434 

TEL: 718-553-3272 

FAX: 718-995-5699 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge ||| 

U.S. Department of Transportation J; 

Office ofHearings,M-20, Room E12-320 J 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 If 

FAX: 202-366-7536 ll 

_ _... .1 1 

'- — t;H 

M 

* Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building - Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.