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HEARING DOCKET WASHINGTON,DC 

r p 9 q 20© UNITED STATES DEPARTMENTOF TRANSPORTATION 

^ " ^ ^ OFFICE OF HEARINGS 

In the Matter of: 

JOEY DEE WARDLE 

Served: February 17, 2010 

FAA Docket No. CP09CE0003 

FAA Case No. 2009CE010002 

DMS No. FAA-2009-0843 

Judge: Richard C. Goodwin 

COMPLAINANT'S MOTION TO DEEM 

ALLEGATIONS ADMITTED -_.,/ 

o 

COMES NOW the Complainant in this matter, the Federal Aviation Administration 

(FAA), by and through its Regional Counsel for the Central Region, and pursuant to Sections 

13.209(b) and (f) and Section 13.218 of the Rules of Practice in FAA Civil Penalty Actions (14 

C.F.R. Section 13.201 et seq.) hereby moves that the factual allegations contained in its 

Complaint in this case (Exhibit A), forwarded to the Hearing Docket on September 9, 2009, a 

copy of which was received by Respondent on September 12, 2009 (Exhibit B), be deemed 

admitted. 

LEGAL STANDARD FOR GRANTING MOTION 

1. Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Actions (14 C.F.R. 

Section 13.201 et seq.) requires a written answer to the complaint be filed no later than 30 

days after service of the complaint on the Respondent. 

2. Section 13.209(f) states that: "A person's failure to file an answer without good cause 

shall be deemed an admission of the truth of each allegation contained in the complaint." 

(Emphasis added). 

3. The operative language in Section 13.209(f) is obligatory, not precatory. The allegations 

of a complaint must be deemed admitted absent a showing of good cause. The threshold 

issue, therefore, is whether the party that has failed to file an answer can demonstrate 

good cause for the failure. This is the standard for ruling on Respondent's motion. 
ARGUMENT 

Notwithstanding that the Complainant did, in its copy of the Complaint to Respondent 

dated September 9, 20093 (Exhibit A, page 3), specifically direct the Respondent's attention to 

the requirements of Section 13.209(b) and the consequences for failing to comply as noted in 

Section 13.209(f), of the Rules of Practice in FAA Civil Penalty Actions, a copy of which had 

previously been provided to the Respondent by the Complainant as a enclosure to its Notice of 

Propose Civil Penalty (Notice) dated April 8, 2009 (Exhibit C), which Notice and rules 

Respondent received on April 11, 2009 (Exhibit D), Respondent failed to file an Answer to the 

Complaint within thirty (30) days of service of the complaint upon him by the FAA as required 

by Section 13.209(b) of the Rules. Moreover, as of the date of this motion, February 17, 2010, 

the Respondent has not yet filed an Answer. There is no reason to believe that the Respondent is 

not capable of understanding the plain meaning of the words used in the applicable Rules of 

Practice. Alternatively, Respondent was in a position to seek the assistance/guidance from legal 

counsel in this matter. 

WHEREFORE, based on the foregoing, Complainant respectfully requests that the 

allegations contained in the Administrator's Complaint be deemed admitted, and that any future 

hearing scheduled in this matter be limited to the issue of sanction. 

Dated this 17th day of February 2009. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By: 

ORIGINAL SIGNED BY 

MARK G CAMACHO 

Mark G. Camacho 

Senior Enforcement Attorney 

Federal Aviation Administration 

901 Locust Street, Room 506 

Kansas City, MO 64106 

(816) 329-3765; Fax (816) 329-3771 

ATTORNEY FOR COMPLAINANT 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date placed in the United States mail, postage prepaid, a 

copy of COMPLAINANT'S MOTION TO DEEM ALLEGATIONS ADMITTED addressed to: 

Joey D. Wardle 

1301 S. 15* Street 

Burlington, lA 52601-3829 

I hereby certify that I have this date provided a copy, via facsimile transmission, and placed in 

the United States mail, postage prepaid, a copy, addressed to: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

FAX: (202) 366-7536 

I hereby certify that I have this date placed in the United States mail, postage prepaid, the 

original and 1 copy addressed to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Dated this 17th day of February 2010. 

ORIGINAL SIGNED BY 

MARK G. CAMACHO 

Mark G. Camacho 

Senior Enforcement Attorney 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Joey D. Wardle 

Served: September 9, 2009 

FAA Docket No. 

FAA Case No. 2009CE010002 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. On April 8, 2009, Respondent Joey D. Wardle was advised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $22,000. 

On September 2, 2009, Respondent submitted a written request for a hearing. 

II. 

1. At all times hereinafter mentioned you were the holder of Airman Certificate Number 

2750674, with private pilot privileges. 

2. On or about October 10, 2008, you operated an ultralight vehicle, a powered 

paraglider, on a flight in the area of West Burlington, Iowa. 

3. Incident to the noted flight, you operated the ultralight vehicle after sunset at or about 

1942 hours (7:42 pm CDT) local time. 

4. Incident to the noted flight, you operated the ultralight vehicle at a low altitude 

estimated by local police to be, at times, as low as approximately 540 feet above a congested 

portion of West Burlington, specifically, over cars, mini malls, residential areas, department 

stores such as K-Mart, Lowes, Kohls, Walmart Super Center, and a Perkins restaurant. 

5. Incident to the noted flight, you operated the ultralight vehicle at a low altitude, as 

noted above, for approximately thirty (30) minutes. 

I

EXHIBIT 

I A 
6. Incident to the noted flight, you operated the ultralight vehicle within the lateral limits 

of the Surface Class E controlled airspace associated with the Southeast Iowa Burlington 

Regional Airport when you had not received any authorization from air traffic control to operate 

in that airspace. 

7. Based on the foregoing, your operation, as noted herein, was deliberate, reckless, and 

created a hazard for other persons and property on the ground. 

III. 

1. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

a. Section 103.9(a), which states no person my operate any ultralight vehicle in a 

manner that creates a hazard to other persons or property. 

b. Section 103.11(a), which states no person may operate an ultralight vehicle except 

between the hours of sunrise and sunset. 

c. Section 103.15, which states no person may operate an ultralight vehicle over any 

congested area of a city, town or settlement, or over any open air assembly of persons. 

d. Section 103.17, which states that no person may operate an ultralight vehicle 

within the lateral boundaries of the surface area of Class E airspace designated for an airport 

unless that person has prior authorization from the ATC facility having jurisdiction over that 

airspace. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $3,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of $3,000. 

Dated this 9th day of September, 2009. 
Respectfully submitted. 

Mary Ellen Loftus 

Acting Regional Counsel 

By:. /._,, 

\ 

Mark G. Camacho 

Attorney for Complainant 

Federal Aviation Administration 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

816-329-3765; Fax (816) 329-3771 

x4nswer 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a written answer to the complaint, or may file a written motion pursuant to 

Section 13.208(d) or Section 13.218(f)(l-4) instead of filing an answer, not later than 30 days 

after service of the complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be 

deemed an admission of the truth of each allegation contained in the complaint. 

I 
Joey D. Wardle, FAA Case No. 2009CE010002 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date placed in the United States mail, certified, retum 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Mr. Joey D. Wardle 

1301 S. 15th Street 

Burlington, lA 52601-3829 

In addition, I hereby certify that I have this date placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Alisa Ga'use 

Paralegal Specialist 

f l 

Dated this 9th day of September, 2009. 
SENDER : COMPET E THIS SECTION COMPLETE THIS SECTION ON DELIVERY 

Complete items 1, 2, and 3. Also complete 

item 4 if Restricted Delivery is desired. 

Print your name and address on the reverse 

so that we can return the card to you. 

Attach this card to the back of the mailpiece, 

or on the front if space permits. 

1. .Articlelddressed to: 2GO9ce01OGO 2 

"i 9/9/09 -

y D. VJardle 

15th Street 

Burlington, lA 52601-3829 

n Agent 

n Addressee 

by (tinte d Name) 

(Adit, 

C. Date of Delivery 

D. Is delivefy address different from item 1? D Yes 

if YES, enter delivery address below: d No 

3. Service Type 

[3 Certified Mail 

n Registered 

D Insured Mail 

D Express Mail 

n Retum Receipt for Meirihandise 

D C.O.D. 

4. Restricted Delivery? (Extra Fee) D Yes 

2. Article Number 

(Transfer from service label) 7DDfl 13DD DDDD 4bOH 135E 

PS Form 3811 , February 2004 Domestic Retum Receipt 102595-02-M-1540 

EXHIBIT 
<d 

U.S. Department Office of Regional Counsel 

of TranSDOrtation ^^^ Locust street, Room 506 

^ Kansas City, MO 64106 

Federal Aviation 

Administration 

In Reply Refer To: ACE-7 

Telephone: 816-329-3765 

REGULAR AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Cert. No. 7005 2570 0001 5367 9834 

April 8, 2009 

Joey D. Wardle 

1301 S. 15* Street 

Burlington, lA 52601-3829 

Docket No. 2009CE010002 

NOTICE OF PROPOSED CIVIL PENALTY 

Based on a report of investigation, it appears that: 

1. At all times hereinafter mentioned, you were the holder of Airman Certificate Number 

2750674 with private pilot privileges. 

2. On or about October 10, 2008, you operated an ultralight vehicle, a powered paraglider, on 

a flight in the area of West Burlington, Iowa. 

3. Incident to the noted flight you operated the ultralight vehicle after sunset at or about 1942 

hours (7:42 pm CDT) local time. 

4. Incident to the noted flight you operated the ultralight vehicle at a low altitude estimated by 

local police to be at times as low as approximately 540 feet above a congested portion of 

West Burlington, specifically over cars, mini malls, residential areas, depailment stores such 

as K-Mart, Lowes, Kohls, Walmart Super Center, and a Perkins restaurant. 

5. Incident to tlie noted flight you operated the ultralight vehicle at a low altitude as noted 

above for approximately thirty (30) minutes. 

6. Incident to the noted flight you operated the ultralight vehicle within the lateral limits of the 

Surface Class E controlled airspace associated with the Southeast Iowa Burlington Regional 

Airport when you had not received any authorization from air traffic control to operate in 

that air space. 

Based on the forgoing your operation as noted herein was deliberate, reckless^i^re^e ^ 

hazard for other persons and property on the ground. EXHIBIT 

lifmrM-'Up^'a^i 
8. By reason of the foregoing, you violated the following sections of the Federal Aviation 

Regulations, 

a. Section 103.9(a), which states no person may operate any ultralight vehicle in 

a manner that creates a hazard to other persons or property. 

b. Section 103.11(a), which states no person may operate an ultralight vehicle 

except between the hours of sunrise and sunset. 

c. Section 103.15, which states no person may operate an ultralight vehicle over 

any congested area of a city, town, or settlement, or over any open air 

assembly of persons. 

d. Section 103.17, which states that no person may operate an ultralight vehicle 

within the lateral boundaries of the surface area of Class E airspace designated 

for an airport unless that person has prior authorization from the ATC facility 

having jurisdiction over that airspace. 

In accordance with 49 U.S.C. §46301, you are liable for a civil penalty not to exceed $11,000 for 

each violation of the regulations. After reviewing our investigative file, we propose to assess a civil 

penalty in the amount of $22,000 for these violations. 

Enclosed is information on your options in responding to this Notice. The options include 

participation in an informal conference with an FAA attorney and submitting information to the 

FAA for consideration. You must submit, in writing, your choice of the alternatives explained on 

the enclosed information form on or before thirty (30) days after you receive this notice. If you fail 

to submit your choice within that time you will have no further right to participate in the informal 

procedures. 

Mary Ellen Loftus 

Acting Regional Counsel 

By: 

ORIGINAL SIGNED BY 

MARK G. CA^AACHO 

Mark G. Camacho 

Senior Enforcement Attorney 

Enclosures 

cc: ACE-230/DMS FSDO (Attn: D. Wood) 

ACE-7:MCamacho:mc:x3769:04/06/09.NPCP/WARDLE.DOC 
R: COMPLETE THIS SECTION COMPLETE THIS SJCTION ON DELIVERY 

.mplete items 1, 2, and 3. Also corfiplfete 

jm 4 if Restricted Delivery is desired. 

Tint your name and address on the reverse 

io that we can return the card to you. 

Attach this card to the back of the mailpiece, 

or on the front if space permits. 

Article Addressed to: 

^B-o^ { fiAC 

Joey D. Wardle 

1301 S. 15'" Street 

Burlington, lA 52601-3829 

vJo<^V^ 

'pnted Name) 

D. Is delivery address different from item 

If YES, enter delivery address below: 

1? D Yes 

D No 

3. Service Type 

rtSrCertified Mail 

D Registered 

D Insured Mail 

4. Restricted Delivery? (Extra Fee) 

(Transfer from service labelJT 

7005 5570 DDDl 53b7 -^834 

D Express Mail 

D Retum Receipt for Merchandise 

D C.O.D. 

n Yes 

PS Form 3811, February 2004 Domestic Retum Receipt 102595iQ24/l-1540 

EXHIBIT 

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