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Law Office of Joseph W. Geldhof 

2 Marine Way, Suite 207 

Juneau, Alaska 99801 

Telephone: (907)586-8193 7[)1!. 3 (l 

E-mail: joeg@alaska.com 

. Counsel for Respondent Martin Douglas Kewer 

/tECEIVED 

MAY 1 6.2012 

:"~EARING DOCKET 

UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Scott Novak, 

Respondent. 

) 

) 

) 

) 

) 

) FAA .Docket Number: Currently Unassigned 

) Case No.: 2012NM730033 

ANSWER 

Scott Novak, Respondent in the above-captioned action, through counsel, answers the 

Complaina.llt' s ·allegations; as follows: 

,,·,·. ;:1 

I. 

Respo~dent adriiits r;c~iving a Notice of Proposed Civil Penalty and responding to the 

notice:.,! .'I 1 . : , 

' '• ', \·-:··;:· ... 

II. 

1. Denied. 

2. Conditionally Admitted. 

3. Conditionally Denied. 

4. c;~nditionally Admitted. 

5. c~ndition~liy .. AdmittecL "J,• 

6. Conditionally Admitted. 

... 'r · .. ,. . : . 

7. ConditioriallyAdmitted. · 

Answer 

FAA vs. Scott Novak 

FAA Docket No.: (unassigned at present) 

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8. Respondent has insufficient knowledge to admit or deny this allegation. 

9. Denied. 

10. Denied. Respondent hadno knowledge or information related to the alleged hazardous 

material allegedly "offered" for shipment. 

11. Denied. Respondent had no knowledge or information related to the alleged hazardous 

material allegedly "offered;' for shipment. 

12. Denied. Respondent denies the overly broad and factually incorrect list of various 

mental and/or physical issues contained in this allegation. 

13. Denied. Respondent had no knowledge or information related to the alleged 

hazardous material included allegedly "offered" for shipment. 

III. 

1. Denied. Respondent did not violate any of the various alleged violations as he had no 

actual or constructive knowledge that the shipments he "offered" for shipment on behalf of 

one ofhis children contained "hazardous" materials as characterized by federal law. 

IV. 

1. Denied. 

REQUEST FOR HEARING 

Respondent is a resident of Juneau, Alaska. At least one witness expected to be called to 

the hearing in this dispute is resides in Juneau, Alaska. The destination of the allegedly 

hazardous goods that constitute the basis for the government's administrative action in this 

dispute was Juneau, Alaska. Accordingly, counsel for Respondent believes a hearing 

should be scheduled in Juneau at the convenience of the Administrative Law Judge tasked 

with hearing this matter. Counsel·for Respondent believes a scheduling conference to 

ascertain availability of the witnesses, counsel and the Administrative Law Judge is 

Answer 

FAA vs. Scott Novak 

FAA Docket No.: (unassigned at present) 

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appropriate and believes a hearing in this matter will take one day or less to obtain the 

evidence necessary to allow for a proper adjudication of this dispute. 

DATED this 8th day of May at Juneau, Alaska. 

I certify that on this date, a copy 

of this document was sent via 

USPS: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

CERTIFICATION 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-- Suite 2Wl000 

A copy of this document was also to: 

Howard L. Marin, Jr., 

Regional Counsel 

Federal Aviation Administration 

Office of the Regional Counsel 

AAL-7 

222 West 7th Avenue, Box 14 

Anchorage, Alaska 99513-7587 

DATE: __ A1 __ ~~~--+-----

Answer 

FAA vs. Scott Novak 

FAA Docket No.: (unassigned at present) 

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