In The Matter Of: 

SERVED SEPTEMBER 6, 2012 \'~u~RTMENT OF 

.·::·:·i::(!~~PORTATION 

U.S. DEPARTMENT OF TRANSPORTATIQbt~\{{fOPEHATIQI\lS 

OFFlCE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2012-0198 

RIAN C. SEEMAN 

) 

) 

) 

) 

) 

Case No. 2010-S0-37103 

Respondent 

NOTICE OF REFERRAL TO FAA ADMINISTRATOR 

FOR CONSIDERATION AS NOTICE OF APPEAL 

On August 31, 2012 an Order Granting Motion to Deem Allegations Admitted, Granting 

Default Judgment, and Assessing Civil Penalty was filed. Among other things, this Order noted 

that pursuant to 14 C.F.R. §13.233,it became a Final Order unless a party filed a Petition for 

Reconsideration with the FAA Administrator within ten (10) days after service of this order. 

On September 5, 2012 the FAA, through its regional attorney, filed a Motion for Leave to 

Withdraw Complaint with the Office of Hearings. Within this September 5, 2012 Motion was a 

request to Vacate the Default Judgment, on the grounds th~t the parties had reached a settlement. 

That same day, on September 5, 2012, the Office of Hearings attorney sta:6ftelephoned 

the FAA regional attorney, and advised the attorney that the Office of Hearings no longer had 

jurisdiction ofthe matter, and that the parties would need to file an Appeal and request relief 

pursuant to 14 C.F.R. § 13.233, within the tiine period proscribed. 

Pursuant to 14 C.F.R. §J3.233 and In the Matter of Gerald W Keller, F..AA Order No. 

2012-2 (January 11, 2011), the FAA's September 5,2012 Motion for Leave to Withdraw 

Complaint (copy attached) is hereby referred and forwarded by the Office of Hearings to the 

FAA Administrator for consideration as a Notice· of Appeal. 

Attachments: Service List 

. Motion for Leave to Withdraw Complaint 

Page 1 ofi 
FDMS NQ. FAA-2012·0198 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL and FAX 

ORIGINA,L & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC20591 

Attention: Hearing pocket Clerk; AGC-430, 

. Wilbur Wright Building-Suite 2W1 0001 

Riap. C. Seeman, Respondent 

12433 Pineneedle Drive 

Indianapolis, IN 46236-3160 

TEL: 317-65T-8965 

ONE COPY 

Rashawn Rich George, Complainant's Counsel 

Office of the Regional Counsel, AS0-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

Peter Lynch, Assistant Chief Counsel 

for Enforcement 

Federal Aviation Administration 

800 Independence Avenue, S.W., AGC-300_ 

Washington, DC 20591 

TEL: 202-267-3143 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S: Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

.. 

1 

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 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

-2-
.. 

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IN THE MATTER OF: 

RJAN C. SEEMAN. 

Respondent. 

... :~ .: 

FAA Docket No. FAA-2012-0198 

Judge J.E. Sullivan 

FAA CASE NO. 2011S03701:03. 

. .. 

MOTION FOR LEAVE TO WITHDRAW COMfLAINT 

• 

., . 

The Complainant, by and through the undersigned attorney, hereby requests pursuant to Section 

13.215 . of the Board's Rules of Practice [14 CPR 1.3.215] tha.t the 

. law judge appfo~e with~ra~~l 

of the Co~plaint in the above-referenced matter. 

~·· 

The parties reached set'tlem.ent of this m.atter on August 3, 2012.· As a result~ the Complainant . 

requests that the: Adm.in.istrative Law Judge vacate the Order Gran,ting Moti~n Jo · ·~eem · . . Allegations Admitted, G.r.anting Defa.u.lt Judgment, and Assessing Ctvil Penalty· isst;~.ed. August 

31, 2012. The Compla.i.nan.t respectfully requests that its co.mplain.t be withdr~w~~and this 

matter closed. 

Respectfully submitted this' 5th day of September. 2012. 

, JlASfiA WN" RICtl9EOB.QB "'· ' ·· Attorney · · · ' · · · · 

Office of the Regio~al Counsel 

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. F,,:,".::,' F:EGif]J-~,t,,L_ CP:'"t~p-

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I hereby ccrti(y that a copy of the Motion for Lea:ve to Withdraw Complaint has been sent via. 

facsimile and Federal Express to: 

The HonorableJ.E. Sullivan 

DOT; Ad:r.:ni.uistrative Law Judge 

Office of Hearings, M~20 · 

U.S. Qepartment of Transportation 

t200 New Jersey Avenue, S.E. 

Ea&t:J~-pilding Qround Floor 

Roont E12-320 

WashingtQn, D.C.20590 

(FAX) {201) 366-1536 

and Federal Express to: 

Rian C. Seeman 

12433 Pin~needl.e Drive 

Indianapoli$, IN 46236-3160 · 

and the ~riginal and one copy via Federal Express to: 

Hearing Docket 

U.S. Department of Transportation 

Docket Operations, M*30 

West Building G:round Floor 

Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington; D.C. 20590 

SEP 5 ?.012 

Dated. 

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