SERVED: APRIL 13, 2011 

U.S. DEPARTMENT OF TRANSPORTATION -.•yii^i!;it|^^^^ 

OFFICE OF HEARINGS '•^-nSpAT?^^'^ 

WASHINGTON, DC ' ^ - '• "'^ ^'^ "'-''''"' 

^— aiH m lU A :o: OS 

IN THE MATTER OF 

AIRLINE TRANSPORT PROFESSIONALS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0288 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

ESTABLISHING PROCEDURES 

This proceeding arises from a complaint served March 31, 2011, alleging violation of the 

Federal Aviation Act/Regulations, and Respondent's request for hearing dated March 10, 2011. 

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

April 1.3, 2011. 

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 

compilaint (§ 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), (b)). 

To expedite the hearing in this matter, Complainant and Respondent, on or before May 
, 13, 2011, shall file (1) any amendment of the complmnt or answer;' (2) an agreed or separate 

proposed procedural schedules, including propose^ dates (ie., specific dates, not merely numbers or days before the hearing) for (a) filing stipuliations, a list of witnesses, a summary of their 

proposed testimony, and for (b) exchanging exhibite and discovery, if any; (3) a statement concerning the status of settlement efforts; and (4) a ppoposed hearing site and, absent agreement of 

the parties, a justification of the proposed site, Se0:14 G.F.R. § 13.217. 

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

Complainant and Respondent should continue to consi^r the possibility of settlement and compromise of this matter.^ In connection with su<j^j^^^paf«|na, jSie 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 pa^cular, 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 matmals cases. Upon request of Respondent, 

Complainant shall provide Respondent a copy of the applicable referenced provisions. 

' Further amendments are not anticipated absent gfiiq^ g«|M^jiB^ "Ife^^ 14 C.F.R. § 13214(bXi)}>ennits 

amendments at any time more than 1S days before a heajfa>feB>jlmiM^ Of TOt provision would prevent ardariy fveparation for a hearing and could prevent any hearing at all, b^it^ti^fi^^fflf IIJ|MM|^ must be givoi 60 day$ in advance. 

§ 13.221(a). An amendment that might be filed 1S di^ifraf^pl^j^iiillld entide the oilier ptarQf iq) to 20 days ui 

which tp reply (§ 13.214(c)), and could generate a new roiaid ^i^B(pB8(f 13.217), motions (§ 13.218), and discovery 

(§ 13.220), necessitating a postponement of the hearing, 4w»»4Ppi|jii^ cetera ad ir^tum. 

^ See Linda Joyce Goodman, FAA Docket No. CP89WPTOI, ©MS No. FAA-2004-18292, at 11 (May 30, 

1989), available at www.regulations.gov (conclitdi^g t^,^^|^|^nM(^|t^,(||l^cy attorney must $^j^^r.9e^Ier 

ment and that the Rules do not permit the Chief Counsel to exnfl^wpoBcy control or decisionmakii^tn t&is case or 

in civil penalty cases generally so as to deny prosecutorial di8G||lkH|i,with respect to settlement and ceoqiromise to 

the agency attorney as defined in the rules"). See also Ejoc. C^S$»V^, 12^988,61 Fed. Reg. 4729 (Pib. 5,1996), 

which refers to facilitating the Just and efficient resolutioti of d!^<^ta^iB8 involving the United States Government 

and directs Federal agencies and their litigation coun$^|^^?^|^|i|||||i|g^|li^ uteraSCeltaiining|^iUitaF6 of a 

dispute in litigation, and throughout the litigation,... evali^#^E&nrt possibilities aiid make reasonable efforts 

to settle the litigation." See a/so FAA Order 2150.3B at pBrtfW|to 6-2. 

' Accessed at http://rgl.faa.gov by selecting "OrderiWotiaji^'' fbea "Current Orders; by Number," then 

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

-2-
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 ftised together. Accordingly, parties who serve 

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

those submissions. A certificate of service, reflecting the above caption, 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 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. 

as 

Ronnie A. Yoder 

Chief Administrative Lafw Ju^ 

- 3 -
« > 

FDMS No. FAA-2011-0288 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & CWSfE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 |^ 

Wilbur Wright Building—Suite 2W1000'* I 

ONE COPY I 

Alan Armstrong, Respondent's Counsel % 

Alan Armstrong, Attorney at Law 

2900 Chamblee Tucker Road, 

Building 5, Suite 350 

Atlanta, GA 30341 

TEL: 770-451-0313 

FAX: 770-451-0317 

Gerald A. EUis, Comp/flman^^ Cowme/ j 

Office of the Regional Counsel, ASO-7 ,',| 

Southern Region •'; 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30230 , 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Ronnie A. Yoder, 1/ 

Chief Administrative Law Judge '-' 

U.S. Department of Transportation ; 4 

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

1200New Jersey Avenue, S.E. *> tWashington, DC 20590 '\ 

TEL: 202-366-2142 '4 

FAX: 202-366-7536 \\ 

* Service was by U.S. Mail. For service in person or by eniMdited 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. -s;. 

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