U.S. DEPARTMENT OF TRANSPORTATION 

OFFICEOFHEARINGS RECEIVED 

WASHINGTON, D.C. 

In the Matter of: Served: 

FAA Docket No. 

FDMS No. FAA-2011-1287 

KELLY MCDOWELL FAA Case No. 2011CE700044 

----------------' Judge Richard C. Goodwin 

COMPLAINANT'S MOTION FOR DECISION 

SEP- 5 2012 

HEARING DOCKET 

COMES NOW the Complainant, the Federal Aviation Administration (FAA), by counsel 

for the Central Region, and, pursuant to Sections 13.209(a) and (f) and Section 13.218(£)(5) of 

the Rules of Practice in FAA Civil Penalty Actions (14 C.P.R. Section 13.201 et. seq.), hereby 

moves that the factual allegations contained in its Complaint be deemed admitted and moves for 

a decision. 

In support thereof, the Complainant alleges and states: 

1. Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Actions requires that 

a written answer to the complaint, or a written motion, be filed no later than 30 days after service 

of the complaint on the Respondent. Section 13.209(f) states that: "A person's failure to file an 

answer without good cause shall be deemed an admission of the truth of each allegation in the 

complaint." (14 C.P.R.§ 13.209). 

2. In the present case, the Complaint was sent to the Hearing Docket and a copy to the 

Respondent on November 21, 2011, as indicated on the Certificate of Service for the Complaint. 

3. The copy of the Complaint, which was sent by certified mail to the Respondent, was 

returned to the FAA Office of Regional Counsel for the Central Region, marked "01/06/12 

RETIJRN TO SENDER UNCLAIMED." (Exhibit 1: Affidavit of Deborah Hervey). 
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4. On March 28, 2012, the Complaint was remailed to the Respondent by both regular 

and certified mail, certified mail article number 7008 1300 0000 4603 5795 (Exhibit 1: Affidavit 

of Deborah Hervey). 

5. The U.S. Postal Service certified mail "green card" receipt indicates that article 

number 7008 1300 0000 4603 5795, mailed to Kelly McDowell, 716 Hall Vale Drive, Fort 

Worth, Texas 76108, was delivered on March 30, 2012 (Exhibit 1: Affidavit of Deborah 

Hervey; Exhibit 2: Certified Mail Return Receipt). 

6. The Complaint provides as follows: 

Section 13.209(a) of the Ru1es of Practice in FAA Civil Penalty Proceedings 

states, "A respondent shall file a written answer to the complaint, or may file a 

written motion pursuant to Section 13.208(d) or Section 13.218(±)(1-4) instead of 

filing an answer, not later than 30 days after service of the complaint." 

Section 13.209(f) states, "A person's failure to file an answer without good cause 

shall be deemed an admission of the truth of each allegation contained in the 

complaint." 

7. Notwithstanding that the Complaint provided the Respondent the requirements of 

section 13.209(a) and the consequences for failing to comply as noted in section 13.209(f), the 

Respondent has never filed an Answer to the Complaint or a motion. 

8. In addition, in the Judge's Procedural Order served January 9, 2012, the Judge 

advised that, "the Respondent must file a written Answer or motion within thirty (3 0) days after 

service ofthe Complaint (14 C.F.R. § 13.209(a))," and "that failure to file an Answer without 

good cause is deemed an admission of each allegation in the Complaint(§ 13.209(f))". 

9. As of the date of this Motion, August 28,2012, the Respondent has not filed an 

Answer or motion or submitted any response to the Complaint. 

10. Therefore, the Complainant respectfully requests that the truth of the allegations 

contained in the Administrator's Complaint be deemed admitted by the Respondent. Inasmuch 
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as the Respondent may be deemed to have admitted the truth of the allegations of the Complaint, 

there is no genuine issue of material fact and the Complainant requests a decision in favor of the 

Complainant as a matter of law. 

Dated this 28th day of August, 2012. Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel, Central Region 

By: 

Mary Ellen Loftus 

Directorate Counsel 

Federal Aviation Administration 

901 Locust, Room 506, ACE-7 

Kansas City, MO 64106 

Phone: (816) 329-3764; Fax: 816-329-3771 

ATTORNEY FOR COMPLAINANT 
AFFIDAVIT OF DEBORAH HERVEY 

STATE OF MISSOURI 

COUNTY OF JACKSON 

) 

) ss. 

) 

I, Deborah Hervey, being duly sworn under oath, state as follows: 

1. I am employed by the Federal Aviation Administration (FAA) as a Legal 

Assistant in the FAA Office of the Regional Counsel for the Central Region located at 

901 Locust, Kansas City, Missouri. I have been employed in that capacity since 1999. 

2. In the course of my duties, on November 21, 2011, I mailed a copy of the 

FAA's Complaint in FAA Case No. 2011CE700044 by certified mail to Kelly 

McDowell, 716 Hall Vale Drive, Fort Worth, Texas 76108. 

3. The tracking number of the certified mail was 7008 1300 0000 4603 5290. 

4. The certified mail letter was returned to the FAA marked "01/06/12 

RETURN TO SENDER UNCLAIMED". 

5. On March 28,2012, I remailed a copy of the Complaint in FAA Case No. 

2011CE700044 by both certified mail and regular mail to Kelly McDowell, 716 Hall 

Vale Drive, Fort Worth, Texas 76108. 

6. The tracking number of the certified mail was 7008 1300 0000 4603 5795. 

7. Subsequently, I received a "green card" certified mail return receipt for article 

number 7008 1300 0000 4603 5795. The green card showed that the letter had been 

delivered on March 30, 2012. 

8. The letter that I had sent by regular mail on March 28, 2012 was not returned 

to the FAA Office of Regional Counsel. 

9. This affidavit consists of one (1) page. It is true and correct to the best of my 

knowledge and recollection. 

Subscribed and sworn to before me this 28th day of August, 2012. 

My Commission Expires: J/; '-f /r <fNotary 

ul~k-L Public ( 

ALISA K. GAUSE 

Notary Public - Notary Seal 

State of Missouri 

Commissioned tor Jackson County My Commission Expires: February 14, 2014 

Commission Number: 10437953 

£X.1(!.811 _L 
March 28, 2012 

Remailed Regular, and Certified Mail the Complaint: 

Ms. Kelly McDowell 

716 Hall Vale Drive 

Ft. Worth, TX 76108 

Cert. No. 7008 1300 0000 4603 5795 

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D. Hervey 6 

Ms. Kelly McDowell 

716 Hall Vale Drive 

Ft. Worth, TX 76108 

SENDER: COMPLI~TE THIS SECTION 

• Complete Items 1, 2, and 3. Also complete 

item 4 if Restricted OeliveJY is desired. 

• Print your name and address on the reverse 

so thjp.t we can return the card to you. 

11 Attai!h this card to the back of the mailpiece, 

or ol\ the front If space permits. )) 

· 1. ArtidieA~<fo: R.err~ -e( 

Ms. Kelly McDowell 

716 Hall Vale Drive 

Ft. Worth, TX 76108 

Postmark 

Hem 

ACE-7 

. . • • • 

C. Date of Dellvery 

,_7-o-\h 

D .. Is delivery address different from Item 1? D Yes 

If YES, enter delivery address below: D No 

3. Se_rvle-9 Type 

la'Certlfled Man q Express Mall 

0 fleglster~ 0 RetUrn Receipt for Merchandise 

D Insured Mail 0 C.O.D. 

4, Restricted Delvery? (Ex!m R>e) D Yes 

2. Article Number 

(Transfer from seJ. 7008 1300 DODD 46D3 5795 

PS Form 381 i , February 2004 Domestic Return Receipt 10259&02-M-1540 
Kelly McDowell, FAA Docket No. ___ _ 

FDMS No. FAA-2011-1287 

FAA Case No. 2011CE700044 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date placed in the United States mail, certified, return 

receipt requested, a copy of the Complainant's Motion addressed to: 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Ms. Kelly McDowell 

716 Hall Vale Drive 

Ft. Worth, TX 76108 

In addition, I hereby certifY that I have this date placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed to: 

Hearing Docket 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2Wl000 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

{'<., f 

•' .1." .li k:le .· f'•·~"'/U1) ~ /\J .• .l.U!l ... ··. 

·Deborah Hervey )' 

Legal Assistant () 

Dated this 28th day of August, 2012. 

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