SERVED AUGUST 3, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS - [ 

WASHINGTON, D.C. 

IN THE MATTER OF 

CLARE ELAINE SPEARING 

Respondent 

FAA DOCKET NO. CP10EA0003 

DMSNo. FAA-2010-0313 

ADMINISTRATIVE LAW JUDGE'S DECISION GRANTING 

MOTION FOR SUMMARY JUDGMENT 

On July 15, 2010, the Federal Aviation Administration (FAA), by counsel, 

made a motion seeking a judgment on the pleadings. The motion asked me to hold 

that the Respondent was in default by reason of her failure to file an answer or 

motion directed to the complaint, as Respondent was required to do under 14 

C.F.R. § 13.209, and impose a civil penalty in the amount of $1,100. The motion 

shall be treated as a motion for summary judgment and will be granted. 

The FAA issued a Notice of Proposed Civil Penalty on January 11, 2010. It 

alleged the Respondent had violated section 121.575(a) of the Federal Aviation 

Regulations (FAR), 14 C.F.R. § 121.575(a), by drinking an alcoholic beverage 

which she had carried onto the aircraft aboard a flight subject to the FAA's 

jurisdiction. On April 6, 2010, Respondent submitted a letter in response to the 

Notice. Respondent's letter made a request for a hearing. It also set forth the 

Respondent's version of the facts and listed five factors for which she believed 

supported mitigation of the proposed penalty. 

In accordance with § 13.208(a) of the Procedural Rules, 14 C.F.R. §13.208, 

the FAA filed a complaint on April 15, 2010. The third page of the complaint 

included a note stating that "the Rules of Practice provide that the Respondent 

must file a written answer to this Complaint... not later than 30 days after the date 

shown on the Certificate of Service" and cited § 13.209 of the Rules, 14 C.F.R. § 
13.209, which sets forth the requirements for a formal written answer. On May 14, 

2010 I was assigned to the proceeding and on May 17, 2010 I issued a Prehearing 

Order Establishing Procedures. P^agraph 4 of that Order stated that "the 

Procedural Rules require the Respondent to file an answer to the complaint within 

30 days after the complaint was served." It is clear, therefore, that Respondent Vas 

twice given express notice that she was required to file a written answer. 

Nonetheless, she did not do so. The Complainant has now moved for a 

judgment in its favor based on the language of § 13.209(f) of the Rules, 14 C.F.R. 

§ 13.209(f), which provides that a respondent's "failure to file an answer without 

good cause shall be deemed an admission of the truth of each allegation contained 

in the complaint." The Complainant's position is well-taken, though it is painful to 

say so. The purpose of pre-hearing pleadings is to provide to each party notice of 

the position of the other party, and it seems clesir that the Respondent's April 6, 

2010 letter, which is in the FAA's file, provided Complainant's counsel with 

ample notice of her position with respect to the charges brought against her. 

Nevertheless, it is well-established as a matter of agency policy that precomplaint v^itings, including responses to notices of proposed civil penalty, do not 

satisfy the requirement for a formal written answer. Donald M. Missirlian. FAA 

Order No. 97-19, 1997 WL 307265 (May 23, 1997) (citing Florence L.Bamhill. 

FAA Order No. 92-32, 1992 WL 753161 (May 5,1992)). I have no choice except 

to carry out this well-established policy, even though I would otherwise be inclined 

to excuse the Respondent's technical default, particularly in light of the fact that 

she is not represented by counsel in this case. 

Consequently, I must regard the truth of the allegations of the cwnplaint as 

having been admitted. The complaint says that on April 17, 2009, Clare Elaine 

Spearing, the Respondent, boarded Continental Airlines Flight 1660 fi-om Bermuda 

to Newark, New Jersey. It goes on^to state that prior to boarding, Respondent had 

purchased a bottle of champagne tl^at she then carried with her aboard the aircraft. 

Once on board the aircraft, Respondent is alleged to have poured herself a glass of 

the champagne she had carried on board. A flight attendant subsequently 

instructed Respondent to refirain from drinking the champagne. Ignoring the flight 

attendant's request, the complaint says. Respondent proceeded to drink the 

champagne she had poured. These; facts msdce out a prima facie case that 

Respondent violated § 121.575(a) of the FAR, which provides that "[n]o person 

may drink any alcoholic beverage aboard an aircraft unless the certificate holder 

operating the aircraft has served that beverage to him." 
( : • « 

The complaint sought to assess a civil penalty of $1,100, an amount which is 

consistent with the guidance provided in FAA Order No. 2150.3. 

In these circumstances, I grant the FAA's motion for judgment. The 

Respondent is assessed a civil penalty of $1,100 which, in the absence of an appeal 

to the Administrator or review by the Administrator on his own motion, as 

provided in § 13.233 of the Procedural Rules, 14 C.F.R. § 13.233, shall be paid to 

the Federal Aviation Administration forthwith. 

IT IS SO ORDERED. 

Isaac D. Benkin 

Administrative Law Judge 
F AA DOCKET NO. CP10EA0003 

(Civil Penalty Action) 

SERVIC E LIS T " If 

ORIGINA L & ON E COP Y I 

«,< 

Federal Aviation Administration | | 

800 Independence Avenue, S.W. P 

Washington, DC 20591 VI 

Attention: Hearing Docket Clerk, AGC-43 0 

Wilbur Wright Building—Suite 2W1000^ 

O N E COP Y 

Clare Elaine Spearing, Respondent | | 

703 Atlantis | | 

5 Parliament Street l i 

Hamilton HM1 2 ~' § 

Bermuda M 

• K1 

Christian L. Lewerenz, Complainant's Counsel >"] 

Office of the Regional Counsel | l 

Federal Aviation Administration g | 

1 Aviation Plaza If 

Jamaica, NY 11434 fi 

TEL: 718-553-3273 1 

FAX: 718-995-5699 f|| 

The Honorable Isaac D. Benkin, Administrative Law Judge f? i 

Office of Hearings, M-20 '^J. 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TIEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-2132 

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.