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^••ffl OF [RV^SFORL^Jj^f^. DEPARTMENT OF TRANSFORATION W. Q « * • *^^» ^ 

•IS FEDERAL AVIATION ADMINISTRATION ^^'^ ' 5 20© 

; - :, .... ''^^^^^^0 DOCKET 

) 

In the Matter of: ) 

) FAACASENO.: 2007CE030026 

AIREVACEMS,INC. ) 

) 

ANSWER TO COMPLAINT 

Air Evac EMS, Inc. (hereinafter "Respondent") hereby answers the FAA's 

Complaint in FAA Case Number 2007CE030026 as follows. 

I. 

1. With regard to § I., Paragraph 1, Respondent admits that on February 27, 

2007 it was issued two notices of proposed civil penalties, one for $15,000 and one for 

$25,000 and that on February 4, 2010 it was issued two final notices of proposed civil 

penalties, one for $15,000 and one for $25,000, all of which were based upon the same 

act of Aaron Rogers, which has been resolved. Respondent admits that on February 8, 

2010 it submitted written requests for hearings for this matter, FAA Case Number 

2007CE030026 and the other matter which has been referred to as 2007CEO030008. 

The remainder of the allegations in § I, Paragraph 1 are denied. 

II. 

1. With regard to § II., Paragraph 1., Respondent admits that it was the 

holder of the air carrier certificate but denies that said certificate had any relevancy to this 

action. 

2. Respondent denies § II., Paragraph 2. Respondent Air Evac EMS, Inc. is 

the holder of Repair Station Certificate No. QEVR436K. 

FAA CASE NO.: 2007CE030026 
3. With regard to § II., Paragraphs 3, 4 and 5 Respondent denies those 

allegations as there is no such entity as Air Evac, Inc. ("AEI"). However, Respondent 

admits that Aaron Rogers had the stated duties for Respondent's repair station in West 

Plains, Missouri. 

4. With regard to § II., Paragraphs 6 and 7, Respondent admits that on or 

about October 18, 2006, the Aircraft which was owned and operated by Respondent was 

flying on a non-Part 135 and that upon arrival at Sikeston there was no key for the 

narcotics box and they returned to West Plains to retrieve the missing key. The 

remainder of the allegations in § II., Paragraphs 6 and 7 are denied. 

5. With regard to § II., Paragraph 8, Respondent admits that the Aircraft 

upon approach to Respondent's West Plains, Missouri downtown heliport experienced a 

mechanical failure and was able to divert and make a run-on landing at West Plains 

Municipal Airport without a fatality or any other injury or damage. The remainder of the 

allegations in § II., Paragraph 8 are denied. 

6. With regard to § II., Paragraph 9, Respondent lacks sufficient information 

and knowledge with which to form a belief as to the truth or falsity of the allegations 

contained therein and therefore denies all and the whole thereof. 

7. With regard to § II., Paragraphs 10 and 11 Respondent is not in a position 

to speak to the findings of the FAA and therefore lacks sufficient information and 

knowledge upon which to form a belief as to the truth or falsity of the allegations 

contained therein and therefore denies all and the whole thereof including all subparts 

thereto. 

FAA CASE NO.: 2007CE030026 
8. Respondent denies all of the allegations in § II., Paragraph 12. The 

Aircraft was returned to service by Aaron Rogers individually using the authority granted 

by the FAA to him personally by his A&P Certificate 494941510. 

9. Respondent denies all of the allegations in § II., Paragraph 13. 

10. With regard to § II., Paragraphs 14, 15 and 16 and all subparts thereto. 

Respondent denies the allegations contained therein. 

11. With regard to § II., Paragraph 17, Respondent denies that the Aircraft 

was accepted for flight or knowingly operated in an unairworthy condition and denies the 

remainder of the allegations contained in Paragraph 17. 

III. 

1. With regard to § III., Paragraphs 1,2 and 3 Respondent denies all and the 

whole thereof. 

AFFIRMATIVE DEFENSES 

By way of defense and affirmative defense. Respondent states: 

1. There is no such entity as Air Evac, Inc. (AEI). 

2. The Aircraft was not operating on a Part 135 flight or certificate at any 

relevant time. 

3. These claims against Respondent must be dismissed upon the basis of res 

judicata and/or double jeopardy because they have been already litigated and fault has 

been found to lay with Aaron D. Rogers who personally and individually, without the 

direction or authority of Respondent, signed off the Aircraft as being airworthy using and 

under the authority granted to him by the FAA on his individual A&P Certificate. 

3 

FAA CASE NO.: 2007CE030026 
4. The claims against this Respondent must be dismissed on the basis of res 

judicata or double jeopardy as they are the same claim asserted in FAA Case Number 

2007CE030008. 

5. The Complaint fails to state a claim upon which relief may be granted. 

6. The claim asserted in this Complaint had nothing to do with Respondent's 

air carrier certificate. 

7. Respondent was entitled to rely upon the certification by Aaron Rogers 

that the Aircraft was airworthy and ready for flight. 

8. The penalty sought against Respondent is excessive, especially when 

considering the combination of the two cases 2007CE030026 and 2007CE030008. 

9. The act giving rise to the FAA's Complaint occurred on or about October 

18, 2006 and the FAA's first Notice of Proposed Civil Penalty was sent to Respondent in 

February 2007. Approximately three (3) years later in February 2010, the final Notice of 

Proposed Civil Penalty was sent by the FAA. This extended delay is a violation of 

Respondent's constitutional right to due process and prejudiced Respondent's ability to 

defend this action. 

10. Respondent reserves the right to assert additional defenses and/or 

affirmative defenses as investigation and discovery continue. 

Wherefore, Respondent requests dismissal of the Federal Aviation 

Administration's Complaint and all allegations contained therein; with prejudice, an 

award of fees pursuant to the Equal Access to Justice Act (EAJA), and such other relief as 

the Law Judge deems just and equitable. 

FAA CASE NO.: 2007CE030026 
Respectfiilly submitted, 

COOLING & HERDERS 

Ra 

Main; 

lansas City, MO 6410^ 

Telephone: (816)474-0777 

Facsimile: (816)472-0790 

jramsey@,coolinglaw.com 

ATTORNEYS FOR RESPONDENT 

AIR EVAC EMS, INC. 

CERTIFICATE OF SERVICE 

I hereby certify that on the lO"' day of March 2010,1 forwarded the original and 

one (1) copy of the foregoing Answer to Complaint via United States mail, certified, 

return receipt requested to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building, Suite 2W1000 

Attention: Hearing Docket Clerk, AGC-430 

Washington, D.C. 20591 

Additionally one (1) copy of the foregoing Answer to Complaint was forwarded 

via United States mail, certified, return receipt requested to: 

Mark G. Camacho 

Senior Enforcement Attorney 

Federal Aviation Administration 

Office of Regional Counsel 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

FAA CASE NO.: 2007CE030026