05/0g/2013 12:45 7812387055 FAA NE REGIONAL CNSL PAGE 01/07 

To:- Hearing Docket 

Fax No.: 202-493-5142 

From: R Bennett Sargent 

Title: Attorney 

Date: May 9, 2013 

Pages 1 of? 

w/cover: 

Scott Tice; Docket No. FAA-2013-0042, 

RE: Case No. 2012NE700211 

Federal Aviation 

Administration 

Office of the Chief Counsel 

New England Region 

12 New England Executive 

Park 

Burlington, MA 01803-5299 

T 781-238-7058 

F 781-238-7055 

Facsimile 
05/09/2013 12:45 

u.s. Department 

of Tronsportotlon 

Fodera! Aviation 

Administration 

May 9, 20l3 

7812387055 

New England Region 

Office of the Regional Counsel 

FAA NE REGIONAL CNSL PAGE 02/07 

12 Nsw England Executive Park 

Burlington, MA 01803"5299 

Telephone: (781) 238-7058 

FAX: (781) 238-7055 

FACSIMILE (202) 366-7536 & U.S. FIRST CLASS MAIL 

The Honorable J .E. Sullivan, ALJ 

Offi.ce of Hearings 

U.S. Department of Transportation 

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

Washington, D.C. 20590 

In the Matter of Scott Tice 

Docket No. FAA-2013-0042 

Case No. 20l2NE700211 

Dear Judge Sullivan: 

Pursuant to your Order dated March I J, 2013, enclosed please find the parties' Proposed 

Scheduling I Discovery Plan in the above-referenced matter, Please also find Complainant's 

Renewed Motion for Order Deeming Allegations Admitted and to Limit Hearing to Issue of 

Civil. Penalty. 

Sincerely, 

R.BENNETTSARGENT 

Attorney 

Enclosures 

cc: Hearing Docket 

Mr. Scott Tice 
05/09/2013 12:45 7812387055 FAA NE REGIONAL CNSL 

In the matter of: 

SCOTTTICE. 

Respondent 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FAA Case No. 20 12NE7002 I 1 

FAA Docket No. FAA<'-013~0042 

Date: May 9, 20 l3 

Judge J.E. Sullivan 

PROPOSED SCHEDliL!NQ,>DfSCOVERY p~ 

PAGE 03/07 

Pursuant to the Order of the Administrative Law Judge (AU) served on Murch 11. 2013. 

d1e parties hereby submit their proposed scheduling/discovery plan, The following represents 

the plan as discussed by the parties via telephone on May 2, 2013: 

I. Procedural Schedule : 

a. Completion of Discovery- On or betore July 19,2013. 

b. A [I Prehearing Motions- Served on or before August 9, 2012. 

c. Filing of Stipulations, Ex.change of Exhibit~, Witness Lists. and Sur:nmnries of 

Proposed Testimony- No later than Augu.st JO, 2012. or 20 dacl'·s afl"'' a l'llling on 

all dispositive prehearing motions, whichever is later. 

2. Settlement The parties have made and discussed settlement proposals, but have been 

unable to agree up to this point. 

3. Hearing Site; The FAA requests that the hcariil£ in this mntter be held in Boston. MA, as 

the site of the violations alleged, as well as all relevant evidence and witncsse.s in this 

matter, are located within the New England region. The FAA. expects that the hearing 

will last one day. Respondent has requested that the l1e~ring be held in Minneapolis, 

within pr(lXimity to his residence in WlscOilsin, or by telephone. 

Respectfully submitted tills 9tll day of May, 2013. 

Attorney 

R.~~ 

Fedet·aJ Aviation Adrninistratio.n 

___ S:t-iit::_]~ .. - Scott Tice 

Respondent 
05/0g/2013 12:45 7812387055 FAA NE REGIONAL CNSL 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of 

FAA Case No. 20l2NE70021l 

SCOTTTICE, FAA Docket No. FAA-2013-0042 

Respondent. Date: May 9, 2013 

Judge J.E. Sullivan 

PAGE 04/07 

~OMPLAINANT'S RENEWED MOTION FOR ORDER DEEMING ALLEGATIONS 

ADMITTED AND TO LIMIT HEARING TO ISSUE OF CIVIL PENALTY 

The Complainant, Federal Aviation Administration (FAA), pursllil11t to the Rules of 

Practice in FAA Civil Penalty Actions under 14 CFR Part 13, Subpart G (the "Rules"), renews 

its Motion for the Administrative Law Judge (ALJ) to issue an Order deeming the allegations in 

the complaint admitted, for a decision in favor of the Complainant on the issue of liability, and to 

limit any hearing in the above-captioned matter to the issue of civil penalty amount. In support 

thereof, the Complainant states as follows: 

1. On May l, 2013, the ALl issued an. Order accepting Respondent's late-filed Answer and 

finding good cause therefore, consequently denying the FAA's prior Motion for Order 

Deeming Allegations Admitted and To Limit Hearing to Issue of Civil Penalty on the 

basis of default. However, said Order also specifically provides that the FAA may renew 

or modify its Motion for Order Deeming Allegations Admitted after an. examination of 

the prose Respondent's Answer and after discussion with the pro se Respondent during 

the Rule 26(f) planning meeting. 

2. An examination of Respondent's Answer reveals that Respondent has admitted to all 

facts as alleged, as well as all regulatory violations cited, in paragraphs 1-14 (Section IT) 

of the Complaint. There is thus no genuine dispute as to any facts which establish that 
05/09/2013 12:45 7812387055 FAA NE REGIONAL CN5L PAGE 05/07 

Respondent violated 49 CFR sections 171.2(e), 172.200( a), 172.204(a), 172.204( c )(1 ), 

172.204(c)(2), 172.300(a), 172.30l(a), 172.304(a)(l), 172.400(a), 172.600(c)(l), 

173.l(b) and 173.27(b)(l) as alleged. 

3. The only remaining issue in dispute in this matter is that of the civil penalty proposed by 

the Complainant. Respondent's Answer did not specifically address paragraphs 15-16 

(Section In) of the Complaint, which deals with the FAA's regulatory authority for 

issuing a civil penalty in this matter, as well as the reasonableness of the civil penalty 

proposed. Respondent's only dispute, based upon other information contained in his 

Answer, as well as from Complainant's understanding of discussions with Respondent, 

appears to be that the proposed civil penalty is unwarranted based upon his own opinions 

about the safety risk associated with inadvertently offering a "'nearly empty" fuel canister 

for transportation aboard a passenger-carrying aircraft. Again, there is no genuine 

dispute that Respondent violated the regulations alleged. Any issues that Respondent has 

raised deal only with the appropriateness of the civil penalty proposed by Complainant. 

4. Moreover, Respondent himself stated in his Answer that, "Unless the FAA's reqtJest for 

an Order Deeming Allegations Admitted and To Limit Headng to Issue of Civil Penalty 

would prevent m.e from entering evidence that the statement I have made in my answer to 

the allegations are true, then I have no objection to such and order." Respondent already 

admitted that factual allegations in the Complaint are true, such that any other evidence 

introduced would be relevant only to the appropriateness of the civil penalty proposed. 

5. The requested Order would serve to significantly limit the scope of a hearing, as well as 

any discovery and/or evidentiary issues associated therewith, and would conserve 

resources that would be expended ill further litigation ofissues not reasonably in dispute. 
05/09/2013 12:45 7812387055 FAA NE REGIONAL CNSL PAGE 05/07 

WBEREFORE, Complainant respectfully moves the ALJ for an Order deeming the 

allegations in the complaint admitted, for a decision in favor of the Complainant on the issue of 

liability, and to limit any hearing in the above-captioned matter to the issue of civil penalty 

amount. 

Respectf\ll!y submitted this 91

h day of May, 2013. 

.~ Attorney 

Federal Aviation Administration 

Office of the Regional Counsel 

12 England Executive Park 

Burlington, MA 01803 

Tel: 781-238-7058 

Fax: 78h238-7055 
05/09/2013 12:45 7812387055 FAA NE REGIONAL CNSL PAGE 07/07 

CERTIFICATE OF SERVJCE 

I certify that the foregoing has been mailed this date by email and Certified Mail, Retum 

Receipt Requested, to: 

Respondent 

Mr. Scott Tice 

2 I 125 Timberland Road 

Barronett, WI 54813-9540 

I further certify that the foregoing has been sent via Facsimile and by U.S. First class 

Mail this date to: 

Administ.:-ative Law ,Judge 

The Honorable J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

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

Washington, DC 20590 

Fax: (202) 366-7536 

And 

Hearing Docket 

Federal Aviation Administration (Original and One copy) 

800 Independence Avenue, SW 

Wilbur Wright Building-Suite 2Wl 000 

Washington, DC 20591 

Fax: (202) 493-5142 

Attn: Hearing Docket Clerk, AGC-430