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### In The Matter Of: 

### SERVED: APRIL 15,2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-0203 ROMNEY CYCLE CENTER ) ) ) ) 

### ) Case No. 201380700320 Respondent


### ORDERFINDING GOOD CAUSE, GRANTING RESPONDENT'S MOTION TO FILE LATE ANSWER, AND ACCEPTINGRESPONDENT'S ANSWER -:**~** ;: 't



### On February 2, 2015 the Respondent, Romney Cycle Center, served the Federal Aviation Administration ("FAA") with a Request for Hearing. On February 9, 2015 the FAA served the Respondent with its Complaint. Among other things, this Complaint notedthat pursuantto 14 C.F.R. §

### 13.209(a), the Respondent's Answerto the Complaint was due "notlaterthan 30 days" after service. The next day, on February 10,2015 the FAA filed the Complaint and the Respondent's Request for Hearing with the Office ofHearings. On March 23,2015, the Respondent") filed a Motion to File Out ofTime Answer ("Motion") and an Answer to the Complaint. Pursuantto 14 C.F.R. §13.218(d) (i.e., 10 day deadline) and §13.211(e) (i.e., 5 day mailing rule), the FAA's Response (ifany) was due on or before April 7, 2015. On April 7, 2015 the FAA did not file a Response. As oftoday's date, the FAA has not filed a Response.----------- -----------



### BriefDiscussion Itis well-establishedthat an untimely answer cannotbe accepted without a showing of good cause. 14 C.F.R. § 13.209(f); 

### see, e.g., Larry's Flying Service, Inc., FAA OrderNo. 98-4 at 2-3 (Mar. 12, 1998). Itis undisputedthatthe Respondent's Answerwas filed late. The Respondent asserted that its Answer was due on or before March 17, 2015, pursuantto 14 C.F.R. §§ 13.209(a) and 13.211(e). (Mot. 1.) This is a slight error in calculation, since the Respondent used February 10, 2015- the date the Complaintwas date-stamped received by the FAA's Hearing Docket- as its' reference. In fact, pursuantto 14 C.F.R. § 13.210(b), the operative date for calculatingthe Answer due date is the mailing date found onthe certificate ofservice-inthis case February 9, 2015-. making the Respondent's answer due by March 16,2015, ratherthan March 17,2015. However, in the instant case the difference ofone (1) day has no effect on the ultimate issue. The Respondentpresented several arguments in support ofa good cause finding. For example, the Respondentnotedthat its counsel did not see the Complaint until the date ofthe Motion-March 23, 2015. Counsel was "engaged in a significant matter out oftown ... during the time thatthe Complaintwas purportedly sent[.]" (Mot. 2.) Upon return, counsel "had several court hearings, depositions, and professional commitments" before going out oftown again. (!d.) The Respondent emphasizedthat its counsel and his staffwas usually time conscious and responsive, and that the fact that a timely Answer was not filed in this action was very atypical. (Jd.) Whenthe Respondent's counsel did see the Complaint on March 23, 2015; immediate action was taken that same day. 

### (!d.) As a result, the Respondent's Motion and Answer were filed seven (7) days late (i.e., March 16,2015 

### +7 days= March 23, 2015). ( The Respondent pointed outthat it did nothave a history ofmisconduct. Itnoted that "this is its first time"to be formally involvedwith anFAAproceeding or with this Court. 

### (!d. at 3 (citing

### Larry's FlyingService, Inc., FAA OrderNo. 98-4, 1998 WL 158281 at *2 (Mar. 12 1998))). The Respondent also asserted (without dispute) that the FAA had not been prejudiced by the 7-day delay in the filing ofits late Answer. In addition, the Respondent argued that it "would suffer significantprejudice ifit were denied its opportunity to seek relief[.]" (!d. (citing

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### Safety Equipment andSign, Co., LTD., FAA Order No. 92-76, 1992 WL 753223, at *2 (Dec. 21, 1992); 

### DavidLloyd Cornwall. FAA Order No. 92-47, 1992 WL 753155, at *2 (Jul. 22, 1992))). The Respondent also pointed out (without dispute) that before filing its Motion and Answer, it attempted to discuss the matter withthe FAA (by telephone and e-mail), butthe FAA failed to respond. (Mot. 2, fn. 1.) "Whereverpossible, cases should be disposed ofonthe merits after a hearing, ratherthan summarily because ofa procedural defect." 

### Cornwall, FAA OrderNo. 92-47 at 7. As noted earlier, the FAA's Response (ifany) was due on orbefore April 7, 2015. As ofthe date ofthis Order, the FAA has not filed any Response or statement in opposition to the Respondent's Motion. 

### See 14 C.F.R. §§ 13.218(d), 13.2ll(e). The Respondent has shown good cause for the 7-day delay in filing its Answer, and this case should proceed to the merits. Pursuant to 14 C.F.R. §§ 13.205(a)(6), (8), and 13.209(f) andhaving reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised;



### ITIS HEREBY ORDERED: 1) The Respondent has established good cause for filing a late Answer. 2) The Respondent's Motion to File Out ofTime Answer is granted. 3) The Respondent's Answer accompanyingthe Motion is accepted. 4) A separate Order will issue shortly, notifyingthe parties ofa Rule 16 Litigation Scheduling Conference.

Attachment: Service ListDocketNo. FAA-2015-0203 (Civil Penalty Action) SERVICE LIST- BY U.S. MAIL 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 1

Ms. Rashawn Rich George 

### Complainant's Counsel Federal Aviation Administration ONE COPY

Office ofthe Regional Counsel, AS0-7, Southern Region 1701 Columbia Avenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Brian W. Stolarz 

### Respondent's Counsel Leclair Ryan 2318 Mill Road, Suite 1100 Alexandria, VA 223 14 TEL: 703-684-8007 FAX: 703-684-8075 E-MAIL: Brian.Stolarz@leclairryan.com Judge J.E. Sullivan U.S. 

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 Romney Cycle Center 

### Respondent Attn: President 51 Industrial Park Romney, WV 26757

1Service 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-Suite2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.