SERVED: JANUARY 13, 2012 

•J>PARTMLNT Or 

U.S. DEPARTMENT OF TRANSPORTATION j PAMSPORTAQOM 

OFFICE OF HEARINGS TKi:! OPERAliONS 

WASHfNGTON, DC 

m i M 13 P 2^ 28 

IN THE MATTER OF 

AIR AMBULANCE BY AIR TREK, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penally Ac(ion) 

FDMSNO. FAA-201]-]003 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

This proceeding arises from a complaint served September 2. 2011, alleging violation of 

the Federal Aviation ActyRegulations. and Respondent's request for hearing dated August 16, 

2011. The undersigned administrative law judge was assigned to this proceeding by Notice 

served January 13,2012. 

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 (2010)). Those rules provide, inter alia, 

that 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 an answer (§ 13.209(e)); that 

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

complaint (§ 13.209(0); '*'''^ ^^^^ ^ party seeking an extension of time must file a written motion 

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

shown (§ 13.213(a), (b)). 

To expedite the hearing in this matter, Complainant and Respondent, on or before 
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February 13, 2012, shall file (1) any amendment o f 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 o f witnesses, a summary o f 

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

concerning the status o f settlement efforts; and (4) a proposed hearing site and. absent agreement 

o f the parties, a justification o f the proposed site. See 14 C.F.R. § 13.217. 

Under FA A Order 2150.38 (Oct. 1, 2007) and the Rules governing these proceedings, 

Complainant and Respondent should continue to consider the possibility o f settlement and compromise o f this matter. In connection with such discussions, the parties should note that FAA 

Order 2150.3 B, which establishes standards for the Complainant's conduct and settlement o f this 

proceeding, is available on the Internet. Sec, in particular, chapter 6 (Legal Enforcement Ac -

tions and Legal Counsel Responsibilities); and either (a) Appendix B (Table o f Sanctions), pages 

B-1—-BS (Part One - Abbreviations and Definitions) and those portions o f 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 o f Respondent, 

Complainant shall provide Respondent a copy o f the applicable referenced provisions. 

' I'urthcr amendments are not anticipated absent good cause shown. Though I4C.K.R.§ 13.214(b)(1) penniis 

amendments at any time more than 15 days before a hearing, utilization of Ihat provision would prevent orderly preparation for a hearing and could prevent any hearing at all, because notice of a hearing must be given 60 days in advance. 

§ 13.221(a). An amendment that might be (lied 15 days prior to the hearing would entitle the other party up to 20 days in 

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

(§ 13.230), necessitating a postponement of the hearing, a new 60-day notice, ef cetera ad infiniium. 

^ See Linda Joyce Goodman, FAA Docket No. CP89WP006r, DMS No. FAA-2004-18292, at 11 (May 30, 

1989), a^'ailable at www.regulations.gov (concluding that "Ihe prosecuting agency attorney tnusl consider settlement and that the Rules do not pennit the ChiefCounsel to exercise policy control or decisionmaking in this case or 

in civil penalty cases generally so as to deny prosecutorial discretion with respect to settlement and compromise to 

the agency anomey as defined in the rules"). See also E.\ec. Order No. 12,988, 61 Ted. Reg. 4729 (Feb. 5, 1996). 

which refers lo facilitating the just and efficient resolution of civil claims involving the United States Government 

and directs Federal agencies and their litigation counsel to, "as soon as practicable afier ascertaining the nature of a 

dispute in litigation, and throughout the litigation. . . . evaluate settlement possibilities and make reasonable efforts 

to settle the litigation."' See also FAA Order 2 150.3B at paragraph 6-2. 

' Accessed at http://rgl.faa.gov by selecting "Orders/Notices," then "Current Orders; By Number,"' then 

"2150.jB 10/01/2007 FAA Compliance and Enforcement Program (Change I included)." 

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Submissions sent to the street address of the 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, parlies who serve 

subtnissions on the Judge by regular mail should also fax, express carrier, or personally deliver 

those submissions. A certificate of service, rellecting the above caption (including the FDMS 

number), the title of the submission, and the date and manner of service, shall be attached to each 

individual submission. 

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

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

prehearing telephone conferences. 

SO ORDERED. 

Ronfiie A. Yoder / ^ 

Chief Administrative i..aw Jud 

— J — 
-•rr< .-. , 

l-DMS NO..FAA-2011-1003 

(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 

WilburWright Building—Suite 2W1000"' 

ONE COPY 

Gregory S. Winton, Esq.. Respondent's Counsel 

The Aviation Law Firm 

One Research Court, Suite 350 

Rockville,MD 20850 

TEL: 301-294-8550 

FAX: 301-294-2525 

Stephen W. Brice Esq., Complainant's Counsel 

Eastern Region. AEA-7 

Federal Aviation Administration 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

TEL: 718-553-3268 

FAX: 718-533-5699 

The Honorable Ronnie A. Yoder, 

Chief Adminisiralive Law Judge 

U.S. Department of'fransporiation 

Office of Hearings, M-20 

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 the following address: Federal 

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

DC 20591; Attention: llcaring Docket Clerk, AGC^30. 

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