### FEDERALAVIATION ADMINISTRATION WASHINGTON, DC In the Matter of: CLELIA AYALA FAA OrderNo. 2014-2 FDMS No. FAA-2012-0910 1 

### Served: June 10,2014

OnAugust 28, 2013, Administrative Law Judge ("ALJ") J.E. Sullivan issued a written order denying Respondent's request to withhold information filed in this case from public disclosure. On September 18,2013, after neither party had filed an interlocutory appeal from that order, the ALJ dismissed the proceedings in this matter with prejudice because the parties had reached a settlement and Respondenthad withdrawnherrequest for hearing. Subsequently, Respondent sent the ALJ a letter again seeking a limitation on the public availability ofthe documents filed in this case. The ALJ forwarded to the Administrator for consideration as a notice ofappeal a letter written by Respondent dated April30, 2014, requesting that "this matter be expunged from the public record" orin the alternative, that her name not be disclosed. As will be explained inthis order, evenifRespondent's letter is or could be construed as a request

1Materials filed in the FAA Hearing Docket (except for materials in security cases ormaterials under seal are also available for viewing at the following Internet address: http://www.regulations.gov. See 14 C.F.R. § 13.210(e)(l).
2 The Administrator's civil penalty decisions, along with indexes ofthe decisions, the rules of practice, and other information, are available on the Internet at the following address: www.faa.gov/about/office
_org/headquarters _offices/age/pol_ adjudication/AGC400/ Civil_Pena/ty. In addition, Thomson Reuters/West Publishingpublishes Federal Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw (FTRAN-FAA database). For additional information, see the Web site.

### for aninterlocutory appeal from the ALI's August 28, 2013, order, or a notice ofappeal from the September, 18,2014, dismissal, it would be late-filed. Preliminarily, the Rules ofPractice provide that "[u]nless protected from public disclosure by an order ofthe ALI under§ 13.226, all documents filed inthe Hearing Docket are accessible throughthe Federal DocketManagement System (FDMS)" at http://www.regulations.gov. 14 C.F.R. § 13.210(e)(l). Also, under 14 C.F.R. 13.230(b), documents filed in FAA civil penalty cases are available for viewing and copying at the FAA Hearing Docket and at the Department ofTransportation ("DOT") Docket Operations office. Documents that were received by the FAA Hearing Docket in this matter are available on that Web site and atthe FAA Hearing Docket and the DOT Docket Operations office.3 

### In this case, on June 3, 2013, the FAA sent the ALI a writtenNotice ofSettlement, explaining that Respondent had agreed to withdraw her request for hearing4 

### The same day, Respondent contactedthe ALI's office aboutpublic availability ofthe documents filed inthis
case. Instead ofdismissing the case withprejudice based upon the settlement, the ALI held the record open and held atelephonic motion conference, during which Respondent explained the basis for her requestthat documents in her case notbe made available to the public. Complainant subsequently filed a written response to Respondent's oral motion, and Respondent responded in writingto Complainant's reply.

3 

### Some ofthe documents reviewed by the ALJ were neither filed with the FAA Hearing Docket nor provided to it by the ALJ. Those documents have not been made publicly available. See 

### Notice of Return ofRespondent's Discovery Materials, served by the ALJ on July 26,2013. 4 

### The FAA Hearing Docket did not receive this document. 2On August 28, 2013, the ALI issued the Order Denying Respondent's Motion to Withhold orRedact Information from the Record, denying Respondent's motion to seal the entire record, as well as Respondent's alternate requestto withholdher address, telephone number, and email address from thepublic record. The ALI noted specifically that a party could appeal from this orderbyfiling an interlocutory appeal on orbefore September 12, 2013, under 14 C.P.R.§ 13.219 and 13.210(e).5 Neither party filed aninterlocutory appeal. On September 19, 2013, after neither party filed a timely interlocutory appeal, the ALI dismissedthe proceedings with prejudice under 14 C.P.R.§ 13.215. Inthe Order Dismissing Proceeding, the ALI referenced the notification ofsettlement dated June 3, 2013, and notedthat neitherparty hadfiled an interlocutory appeal from the Order Denying Respondent's Motion to Withhold orRedact Information from the Record. Any notice ofappeal from the ALI's dismissal order shouldhave beenfiled no later than 15 days later, orby October 3, 2013, under 14 C.P.R. §§ 13.233(a) and 13.2ll(e). 6 BetweenNovember 13, 2013, and April2, 2014, Respondent contactedthe ALI's office three times and spoke with a staffattorneyregarding her continued concern about the public availability ofthe records inthis case. OnApril30, 2014, more than 7 months afterthe ALJ dismissed the proceeding with prejudice, Respondent sent the ALI a letter requesting that this

5 It is provided in 14 C.P.R. § 13.219(d) that "[a party shall file a notice ofinterlocutory appeal, with supporting documents, with the FAA decisionmaker and the hearing docket clerk,
..., not later than 10 days after the administrative lawjudge's decision forming the basis ofan interlocutory appeal ofright or not later than 10 days after the administrative lawjudge's decision granting an interlocutory appeal for cause, whichever is appropriate." A person may be entitled to an additional 5 days in which to file an interlocutory appeal under 14 C.F.R. § 13.211(e), "the mailing rule," which provides that "[w]henever a party has a right or a dutyto act or to make any response within aprescribed period after service by mail, 5 days shall be added to the prescribed period."
6 Section 13.233(a) provides that "[a] party shall file the notice ofappeal not later than I0days after
... service ofthe written initial decision on the parties
...." The "mailing rule" provides an additional 5 days in which to file a notice ofappeal from awritten order ofan ALJ. 3

### matterbe expunged from the public record orin the alternative that her name be withheld. The ALJ forwarded this letter to the Administrator for consideration as a notice ofappeal.7 

### Even ifRespondent's letter dated April30, 2014, were or couldbe construed as an interlocutory appeal from the ALJ's August 28,2013, Order Denying Respondent's Motion to Withhold or Redact Information from the Record, or a notice ofappeal from the ALJ's Order Dismissing Proceeding,8 

### it would be well out oftime. These two orders are final because no timely appeals were filed. Further, in light ofRespondent's withdrawal ofthe request for hearing and the finality ofthe Order Dismissing Proceeding, this matter is closed. THEREFORE, ITIS ORDERED THAT: 

### This matter is closed. MICHAEL P. HUERTA, ADMINISTRATOR Federal AviationAdministration

# Uw~-Aft~ VICKI

# s];ECo~" Manager, Adjudication Branch

7 Due to the outcome ofthis order, it is not necessary to decide ifthis letter was a notice ofappeal from the ALJ's Order ofDismissing Proceeding, dated September 18,2013, or a request for interlocutory appeal under 14 C.P.R.§ 13.219 from the ALJ's Order Denying Respondent's Motion to Withhold or Redact Information from the Record dated August 28, 2013. 8See supra note 7. 9 Issued under authority delegated to the ChiefCounsel and the Assistant ChiefCounsel for Litigationby memorandum dated October 27, 1992, under 49 U.S.C. § 322(b) and 14 C.P.R.§ 13.202 (see 57 Fed. Reg. 58,280 (1992)) and redelegated by the Assistant ChiefCounsel for Litigation to the Manager, Adjudication Branch, by Memorandum dated August 6, 1993. 

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