**'(',~'** 

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### 14 15 16 17 18 19 20 21 22 23 24 25 '26 27 28 Law Office ofJoseph 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 16.2012

# :"~EARING 

# DOCKET

UNITED STATES OF AMERICA U.S. DEPARTMENT OFTRANSPORTATION

FEDERAL AVIATION ADMINISTRATION In

### the Matter of:



### Scott Novak, Respondent. ) 

### ) ) ) ) 

### ) FAA .DocketNumber: 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. ConditionallyAdmitted. 3. ConditionallyDenied. 4.**c;~nditionally** 

### Admitted. 5.

### c~ndition~liy..AdmittecL "J,• 

### 6. ConditionallyAdmitted.

... 'r · .. ,. . : . 

### 7. ConditioriallyAdmitted. ·

Answer FAA vs. Scott Novak FAA Docket No.: (unassigned at present) 11 

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### 27 28 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 overlybroad and factually incorrect list ofvarious mental and/orphysical issues contained in this allegation. 13. Denied. Respondent had no knowledge orinformationrelated to the alleged hazardous material included allegedly "offered" for shipment. III. 1. Denied. Respondent did not violate any ofthe various alleged violations as he had no actual orconstructive knowledge that the shipments he "offered" for shipment on behalfof

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

### IV. 1. Denied. REQUEST FOR HEARING Respondent is a resident ofJuneau, Alaska. At least one witness expected to be called to the hearing in this dispute is resides in Juneau, Alaska. The destination ofthe 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 ofthe Administrative Law Judge tasked with hearing this matter. Counsel·forRespondent believes a scheduling conference to ascertain availability ofthe witnesses, counsel and the Administrative Law Judge is Answer FAA vs. Scott Novak FAA Docket No.: (unassigned at present) 21 

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### 28 appropriate and believes a hearing inthis matter will take one day or less to obtain the evidence necessary to allow for a proper adjudication ofthis dispute.

DATED this 8th 

### day ofMay at Juneau, Alaska.

I certify that on this date, a copy ofthis document was sent via USPS: FederalAviation Administration 800 Independence Avenue, SW Washington, DC 20591 CERTIFICATION

Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-- Suite 2Wl000 A copy ofthis document was also to: Howard L. 

### Marin, Jr., Regional Counsel FederalAviation Administration Office ofthe Regional Counsel AAL-7 222 West 7th 

### Avenue, Box 14 Anchorage, Alaska 99513-7587 DATE:

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# A1

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# ~~~--+-----

Answer FAA vs. Scott Novak FAA Docket No.: (unassigned at present) 

### 3