SERVED: June 4, 2010 '•••••'^ C-^^'^-'viPORWlON 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

FRANK TERLIZZI 

FAA DOCKET NO. CP10SO0007 

(Civil Penalty Action) 

DMS NO. FAA-2010-0537 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

This proceeding arises from a complaint served May 17, 2010, alleging violation of the 

Federal Aviation Act/Regulations, and the Respondent's request for hearing dated May 6, 2010. 

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

June 4,2010. 

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 (2009)). Those rules provide, inter alia, that 

the 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 complaint 

(§ 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)and(b)). 
To expedite the hearing in this matter. Complainant and the Respondent, on or before 

July 6, 2010, shall file (1) any amendment of the complaint or answer;' (2) an agreed or separate 

proposed procedural schedules, including proposed dates (i.e., specific dates, not merely numbers 

"•V 

or days before the hearing) for (a) filing stipulations, a list of witnesses, a summary of their 

proposed testimony, and for (b) exchanging exhibits and discovery, if any; (3) a statement 

concerning the status of settlement efforts; and (4) a proposed hearing site and, absent agreement 

of the parties, a justification of the proposed site. See 14 C.F.R. § 13.217. 

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

Complainant and the Respondent should continue to consider the possibility of settlement and 

compromise of this matter. In connection with such discussions, the 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 particular, 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 materials cases. Upon request of Respondent, 

' Further amendments are not anticipated absent good cause shown. Though 14 C.F.R. § 13.214(b)(1) permits 

amendments at any time more than 15 days before a hearing, utilization of that provision would prevent orderly 

preparation for a hearing and could prevent any hearing at all, because notice of a hearing must be given 60 days in 

advance. § 13.221(a). An amendment that might be filed 15 days prior to the hearing would entitle the other party up to 

20 days in which to reply (§ 13.214(c)), and could generate a new round of schedules (§ 13.217), motions (§ 13.218), and 

discovery (§ 13.220), necessitating a postponement of the hearing, a new 60-day notice, et cetera ad infinitum. 

^ See Linda Joyce Goodman, FAA Docket No. CP89WP0061, DMS No. FAA-2004-18292, at 11 (May 30, 

1989), available at www.regulations.gov (concluding that "the prosecuting agency attorney must consider settlement 

and that the Rules do not permit the Chief Counsel to exercise policy control or decisionmakmg in this case or in civil 

penalty cases generally so as to deny prosecutorial discretion with respect to settlement and compromise to the agency 

attorney as defined in the rules"). See also Exec. Order No. 12,988, 61 Fed. Reg. 4729 (Feb. 5, 1996), which refers to 

facilitating the Just and efficient resolution of civil claims involving the United States Government and which directs 

Federal agencies and their litigation counsel to, "as soon as practicable after ascertaining the nature of a dispute in 

litigation, and throughout the litigation,... evaluate settlement possibilities and make reasonable efforts to settle the 

litigation." See also FAA Order 2150.3B at paragraph 6-2. 

^ Accessed at http://rgl.faa.gov by selecting "Orders/Notices," then "Current Orders; By Number," then 

"2150.33 FAA Compliance and Enforcement Program (Change 1 included)." 
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 fused together. Accordingly, parties who serve 

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

those submissions. The certificate of service should reflect the manner of service. 

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. 

lonnie )k. Yod^-' 

Chief AHministrativ^ajydTudge 

Attachment - Service List 
FAA Docket No. CP10SO0007 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000'* 

ONE COPY 

William R. Byrne, Respondent's Counsel 

929 Massachusetts Avenue, Level #01 

Cambridge, MA 02139 

TEL: 781-856-9909 

Gerald A. Ellis, Complainant's Counsel 

Attorney, Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

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

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

FAX: 202-366-7536 

* 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 2W1000, 

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