In The Matter Of: 

SCOTTTICE 

Respondent 

SERVED: May 1, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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Docket No. F AA-2013-0042 

Case No. 2012NE700211 

ORDER ACCEPTING THE PROSE RESPONDENT'S RESPONSE,· 

FINDING GOOD CAUSE EXISTS TO ACCEPT THE LATE ANSWER, 

AND GRANTING/DENYING OTHER RELIEF 

On March 27, 2013, an Order Setting Deadline for the prose Respondent, Mr. Scott Tice, 

to Show Cause and to File an Answer, and Granting/Denying Other Relief was filed. Among 

other things, this Order set a deadline of April24, 2013, for the prose Respondent to file an 

answer to the FAA's January 29, 2013 Complaint ("Complaint") and a response to the FAA's 

Complainant's Motion for Order Deeming Allegations Admitted and to Limit Hearing to Issue of 

Civil Penalty ("FAA Motion") stating why he had not filed an answer. 

On April 22, 2013, the pro se Respondent timely filed with the Office of Hearings a 

signed Response to the FAA Motion for Order Deeming Allegations Admitted and Answer to 

Complaint of January 29, 2013 ("Response"). Included in this Response were reasons why the 

pro se Respondent had not filed a formal Answer to the FAA's Complaint, as well as a detailed 

list of responses. The Response specifically addressed each numbered paragraph of the 

Complaint, stated affirmative defenses, and, based on the Service List attached thereto, was 

properly served on Complainant and filed with the Hearing Docket. In addition, among other 

things, the pro se Respondent noted that he had sent an email answer to the FAA in response to 

the Complaint immediately after receiving it. He believed he had requested the hearing properly 

and in a timely manner. He had also engaged in "multiple phone conversations" with the FAA 

attorney since receivirfg the Complaint (Response, 1). Since he was not an attorney, the 

Respondent asked for leniency if he had "failed to follow the proper procedures." (Response, 2)~ 

He renewed his request for a hearing in order to enter into evidence his side of the events 

(Response, 2). The Respondent also asserted that he had tried ''to the best of my abilities to 

comply with everything that has been asked of me so far and will continue to do so." (Response, 

2). 

After reviewing aU pleadings and documents, relevant caselaw, regulations, statutes, and 

being fully advised; 

j: 40 
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IT IS HEREBY ORDERED: 

1. Pursuant to 14 C.F.R. § 13.205(6), the prose Respondent's April22, 2013 Response is 

hereby accepted as both a Response to the FAA's March 20, 2013 Motion and as an 

Answer to the FAA's January 29,2013 Complaint. 

2. Pursuant to 14 C.F.R. § 13.209(f) and 14 C.F.R. § 13.218, the prose Respondent's 

Response is deemed to include an inferred Motion for Extension of Time to file an 

Answer. The Respondent has demonstrated good cause grounds for late filing. His 

inferred Motion for Extension of Time to file an Answer is granted. The Respondent's 

April 22, 2013 Answer is accepted as timely filed. 

3. Pursuant to 14 C.F.R. § 13.218(e)(2) and Fed. R. Civ. P. 55, the FAA's Motion for Order 

Deeming Allegations Admitted and to Limit Hearing to Issue of Civil Penalty on the 

basis of default is denied. 

4. The FAA may renew or modify its Motion for Order Deeming Allegations Admitted after 

an examination of the prose Respondent's Answer and after discussion with the prose 

Respondent during the Rule 26(f) planning meeting. 

4. Pursuant to the March 11, 2013 Order Setting Rule 16 Litigation Scheduling Conference, 

and Directing Rule 26(f) Planning and Submission, the parties are to submit a joint 

scheduling/discovery plan on or before May 9, 2013, and appear by telephone for a Rule 

16 Litigation Scheduling Conference on Thursday, May 16,2013, at 11:00 a.m. 

Eastern time. 

5. The prose Respondent shall immediately contact the Office of Hearings (202-366-6941) 

to provide a working telephone number so that the Office of Hearings may contact him 

with the conference call number and passcode for the May 16, 2013 Rule 16 Litigation 

Scheduling Conference. 

6. If either party has questions about the procedures to follow in this case, please contact 

Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings (202-366-6941). 

Attachment: Service List 

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SERVICE LIST- BY U.S. MAIL 

• ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Mr. R. Bennett Sargent, Esq. 

Complainant's Counsel 

Office of the Regional Counsel, ANE-7 

New England Region 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01821 

TEL: 781-238-7058 

FAX: 781-238-7055 

Mr. Scott Tice 

Pro se Respondent 

21125 Timberland Road 

Barronett, WI 54813-9540 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

ONE COPY 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2132 

FAX: 202-366-7536 

FDMS No. FAA-2013-0042 

(Civil Penalty Action) 

1 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. 

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