^:ARTMENTOF 

••-.'iSPORWION 

SERVED JANUARY 3, 2011 . c F OPERATIONS 

•i/^iiyave;. ' -n -''" InNn -1-1 A '^: 31 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

MIDWEST HELICOPTER AIRWAYS, INC. 

FAA DOCKET No. CP09GL0007 

(Civil Penalty Action) 

DMS No. FAA-2009-0846 

IN THE MATTER OF 

MIDWEST HELICOPTER AIRWAYS, INC. 

FAA DOCKET No. CP09GL0009 

(Civil Penalty Action) 

DMS No. FAA-2009-0973 

ORDER GRANTING RESPONDENT'S 

MOTION FOR RECONSIDERATION 

Respondent Midwest Helicopter Airways, Inc. (hereinafter "Respondent") has 

moved for reconsideration of the Order of April 5, 2010 in these cases reserving ruling on 

its request to allow Mr. Gerry F. Ventrella to offer opinion or expert testimony. 

Complainant Federal Aviation Administration (hereinafter "Complainant") did not 

respond to the motion. 

Respondent has clarified that it seeks a ruling only on the question of whether Mr. 

Ventrella's testimony is barred by 49 C.F.R. §9.7(b). That provision, in terms, prohibits 
testimony from any employee or former employee of the Department "with regard to any 

matter arising out of the employee's official duties or the functions of the Department, for 

any party other than the United States" when the United States is a party in the matter. 

The motion urges that Mr. Ventrella's status as a former FAA employee does not bar him 

from offering opinion testimony in these proceedings under §9.7(b). Respondent avers in 

support that Mr. Ventrella's agency employment ended more than 20 years ago. 

The motion is GRANTED. I do not read §9.7(b) as automatically barring Mr. 

Ventrella from offering opinion or expert testimony for a party other than the United 

States for an indefinite period following his FAA employment. The purposes behind this 

provision will not necessarily be served if a former employee long separated fi-om the 

agency is allowed to give opinion testimony. Respondent will be permitted to offer Mr. 

Ventrella as an expert, subject, of course, to well-founded objections by Complainant. 

SO ORDERED. 

Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket Nos. CP09GL0007 

& CP09GL0009 

(Civil Penalty Action) 

SERVICE LIST 

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' 

ONE COPY 

John S, Hoff, Respondent's Counsel 

Law Offices of Hoff «& Herran 

135 LaSalle Street, Suite 3300 

Chicago, IL 60603-4134 

TEL: 312-346-8111 

FAX: 312-853-3924 

Kate Barber, Complainant's Counsel 

Great Lakes Region, AGL-7B 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

TEL: 847-294-7713 

FAX: 847-294-7498 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor 

Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Servicewasby 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.