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JEFFRHYM. HAR?ER 

FAA OFFICE OF KEGIOMAL CoiTNSEL 

1601 LLKD AVENUE SOUTHWEST 

RENTON. WASHINGTON 98057 

TELEPHONE; (425)227-2161 

FACSIMT^E; (425) 227-1007 

^•;ER^\RTMENTOF 

I'hArJSPORTATIOM 

; OCKET 0FERATI0M3 

I M i'iOV ! b A ^: SR 

UNITED STATES OF AMERICA 

DEPARlTVfENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, l^C 

In the Matier of: 

Comerstone Aviaiion, Inc. 

FAA Case No. 2011NM070042 

DMS No. FAA-20n-04S9 

Motion for Decision 

Judge Richard C. GoodT-vin 

To the Honorable Richaffd C. Good^vin: 

MOTION FORDEaSlON 

In accordiince with 14 C.F.R. § 13-218(f)(5) (Rule 13.2] 8(f)(5)), the Administrator 

(Complainant) brings this Motion for Decision. There are no genuine issues of material fact as 

Respondent has admitted all relevant facts in its Ans^\'cr. Complainant moves the Administrative 

Law Judge (ALT) to gram a motion for decision en the merits and limit any hearing lo sanction. 

Facts 

The Complaint in this case ift^as served on Juxic 16, 2011- On July 13; 201 ], Complainant 

amended the Complaint to drop a number of allegations, based on documentation provided by 

Cornerstone Aviation, Inc. (Respondent) as part of its answer. The Amended Coraplaini alleges 

Respondent violated 14 C.F.R. §§ 141.95(b)(2), 141.101(a), and I41.10l(c.).' These \-iolations 

relate to Respondent's failure to maintain current and accurate training records for rwo of its 

students. The graduation certificate for one of the students does not contain his oarae, as required 

by the Federal Aviation Regulations (FAR); the records of the other student were not certified as 

' Complaint. 

Cotnplainont's Moiiorr For Decision 

ComerSlDTic Av-aucn, Tnc. - FAA-2011-04?? 

20]IN'M070042 

Page I of 4 

JEFTHfY M. HAJIPER. FA A ATrait\'EY 

TEL: (425) 227-2161: F-'VX: tA:!5) 22T-1007 
U/16/20U 09:38 FAX 202a935142 

11/09/2011 14:05 42522710Q7 

FAA - DM S 

AhJM? 

(2)006/013 

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lequired by the FARs. RespondfcM filed its Answer on Jiine 23, 201.1 .^ The Ansv^er admitted aVl 

the factual aUtgations in the Amended Complaint.^ 

Argument 

Standard for Decision 

"The administrative law judge shall grant a pajty's motion for decision if the pleadings, 

depositions, answers to interrogatories, admissions, matters that the administrative law judge has 

officially noticed .., show that there is no genuine issue of material fact and that the party making 

the motion is entitlftd to a decision as a matter of law. The party making the motion .., has the 

burden of showing that there is no genuine issue of material fact disputed by. the parties/' 

14 C.F.R § 13.21, 

Merits 

Respondent is a pilot school certified under 14 C.F.R. Part 141. Amended Complaint 

Paragraph 1, Answer Paragraph 1. 

a. Name on Graduation Certificate— 14 C.F.R. § 141.95Cb)(2) 

Pilot schools certified under 14 C.F-R Pan 141 arc required to issue graduation certificates to 

smdenis who complete a course of training,* A graduation certificate is required to contain the 

name of the student to whom it is issued.^ 

Mr. Bi>'an Chase graduated from Respondent's Private Pilot course on May 21,2010. Amended 

Complaint Paragraph 6, Answer Paragraph 14. His certificate did not contain his name. Amended 

Complaint Paragraph 8, Answer Paragraphs 15 and Ifi.Insteadof bis name, the certificate 

contains the name of dae pilot school, "Cornerstone." Amended Complaint Paragraph 7, Answer 

Paragraph 15. 

As Mr. Chase's name does not appear on the graduatioo certificate issued to him by Respondent, 

Respondeat has violated 14 C.F.R. § 141.95(b)(2). 

* Answer. 

^ Answer. 

M4 C.F.H_§ 141.95(a). 

' 14 C.F.R. § 141.95(bX2). 

Complainart-j Motion For I>cciiiDn 

Conierf^one Aviaitoa, tic. - FAA-20 ] 1-0489 

201INMO70042 

Page 2 of * 

JEFFREY M. HARPER, FAA ArrofwBV 

TEL; (425) 227-2161; fAX: (425) 227-1007 
n/16/201 1 03:38 FAX 20249351^2 

11/09/2011 14:05 42522710B7 

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b. Certification of Student Record — 14 C.F.R. § 14) .101(c) 

Pilot schools certified under 14 C.F.R Part 141 are required to maintain a training record on each 

student.* When a student graduates from a course of training, transfers to another school^ or ends 

training, that student's record must be certified by the chief instructor for the school.^ 

Mr. Jason Lambert graduated from Respondent's Private Pilot touise on July 1, 2009. Amended 

Complaint Paiagraph 4, Answer Paraeraph 12. His record, however, was not certified by the 

chief flight instructor. Amended Complsunl Paragrapb 5, Answer Paragr^h 13. 

Since Mr. Lambert's traiaing record was not certified. Respondent has violated 14 C.F.R. 

§ 141.101(c). 

c. Current and Accurate Record — 14 C.F.R. § 141 .lOUa) 

Training records maintained by pilot schools certified under 14 C.F.R. Part 141 arc required to be 

"current and accurate."^ 

Here, neither Mr. Chase's nor Mr. Lambert*s records were accurate. Mr. Chafe's was inaccuiaie 

because bis graduation certificate did not contain his name. Mr. Lambert's record was inaccurate 

because it was not properly certified. Thus. Respondent has violated 14 C J.R.§ 141 .\01(a). 

Conclusion 

For the reasons stated above, the FAA respectfully requests that the AL J grant this Motion for 

Decision and limit the hearing to sanction. There are no genuine issues of material fact as the 

Answer admits ail of the facts alleged in the Complaint as amended 

DATED the 9th day of November, 2011 

'y^^^^^ 

Jefl&ey M. Harper 

FAA Attorney 

*l-3C,F.FL 5 Ul.IOKa). 

M4C.FJI. § 14].101(c). 

' UC.F.K_§ UJ.lOUa). 

Cotoplainant's 'Motion For Decision 

Comcrttooe AvSaiion, Inc. -FAA-201 1-0489 

2011NM070042 

Pflgt 3 of 4 

JEFTHEr .M HAK?ER, FAA ATTORilEV 

TEU: C425) 227-2161; FAX: (425) 2;7.I007 
11/16/201 1 09:3 8 FAX 2024935H2 

11/09/201 1 14:0 5 4252271007 

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CERTIFICATE OF SERVICE 

1 hereby certify that the foregoing Motion for Decision has been served via facsiioile and 

Certified Mail - Rctmn Receipt Requested this date, to the following; 

Honorable Richard C. Goodwin 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

FAX: 202.366.7536 

Atm: Hearing Docket Clerk, AGC-43 0 

- - -WilbuT-Wri^vBmlding--Suite^WlOOO--

Federal Aviation .Administration 

800 Independence Avenue SW 

Washington. D.C. 20591 

FAX: 202.493.5020 

Susan Hoistman 

Chief Executive Officer 

Cornerstone Aviation, Inc. 

32 7 North 2370 West #130 

Salt Lake City, UT 84136 

FAX: (801) 355-2754 

Dated this 9^, day of November, 2011. 

MOIF.AIRCHTN 

Office of Regional Coiausel (ANM-7) 

Federal Aviation Administration 

1601 LindAve. SW 

Renton, WA 98057 

425.227.2160 

Complatiuun'!; Motion For Decision 

Cornerstone Aviouon. Inc. - FAA-20] i -0489 

lOUNMOlOO^l 

Papc 4 of 4 

lEFTTysY M- HARPER, FAA ATTOTDJEV 

TEI^:(425)22'J-2161;F>O(;(i25)227.\00':