SERVED: AUGUST 11,2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

ISLAND HELICOPTERS INTERNATIONAL, LTD. 

FAA DOCKET NO. CP08SO0013 

(Civil Penalty Action) 

DMS NO. FAA-2008-0693 

ORDER TO SHOW CAUSE OF CHIEF ADMINISTRATIVE LAW JUDGE 

This proceeding arises from a Final Notice of Proposed Civil Penalty apparently served 

on Island Helicopters International, LTD. ("Respondent") on May 30, 2008,^ by the Office of 

Regional Counsel, Southern Region ("Complainant"), Federal Aviation Administration ("FAA"); 

Respondent's Request for Hearing dated June 19, 2008;^ and a Complaint served July 3, 2008, 

alleging a violation of the Federal Aviation Regulations ("FAR") and seeking a civil penalty of 

$11,000.^ Administrative Law Judge Benkin was assigned to this proceeding by Notice served 

September 30, 2008.'* The proceeding was reassigned to the undersigned judge by order served 

August 11, 2010.^ 

On July 20, 2009, Complainant served "Administrator's Motion for Decision" ("Motion 

for Decision"), arguing that, in light of the pleadings, there remains no genuine issue of material 

fact in the proceeding.^ Respondent has not answered the Motion for Decision. Respondent also 

has filed neither a written answer to the Complamt nor a motion. For the reasons set forth below. 

The Final Notice of Proposed Civil Penalty, dated May 30, 2008, is not accompanied by a certificate of 

service. 

^ Letter, Brad Hanger, President, Island Helicopters International, LTD, to Hearing Docket, FAA, 

RE: Letter received June 12, 2008 - Final Notice of Proposed Civil Penalty. 

^ Complaint paras. 111(1), in(3). 

'' Notice of Assignment of Proceeding. 

^ Order Reassigning Proceeding. 

* Motion for Decision at 2. 
we order Respondent to show cause, on or before August 31, 2010, why an order should not be 

entered assessing a civil penalty in the amount of $11,000. 

The Rules of Practice^ provide a respondent with the opportunity to request a formaL 

hearing to challenge a proposed enforcement action by the Complainant. Such a hearing is provided for the benefit, and at the option, of the respondent. To preserve this opportunity, a respondent must comply with the Rules of Practice and the Judge's orders. Those rules provide, 

inter alia, that the respondent must file a written answer or motion within 30 days after service of 

the complaint;^ that a general denial is deemed a failure to file an answer; and that failure to file 

an answer without good cause is deemed an admission of each allegation in the complaint. A 

pre-complaint response to a Notice of Proposed Civil Penalty does not satisfy die requirement for 

an answer.'^ 

Respondent has not filed an answer to the Complaint. Instead, Respondent sent a letter to 

1 '^ 

Complainant on May 9, 2008, responding to the Notice of Proposed Civil Penalty. Respondent's letter preceded the Complaint by nearly two months. Because a pre-complaint response to 

a notice of proposed civil penalty is not considered an answer to a complaint. Respondent's letter 

is not a proper substitute for an answer. 

Accordingly, IT IS ORDERED THAT—-

1. Respondent, on or before August 31, 2010, shall file and serve a response 

(a) indicating (1) why the allegations of the Complaint should not be deemed admitted and an 

order assessmg a civil penalty should not be entered against it, and (2) why Respondent should 

^ Part 13, Subpart G, of the Federal Aviation Regulations (14 C.F.R. §§ 13.201-13.235). 

^ See 14 C.F.R. § 13.16(h). 

' § 13.209(a). 

'"§13.209(6). 

" § 13.209(f). 

'^ Donald M. Missirlian, FAA Order No. 97-19, at 2 (May 23, 1997); Merrit A. Grant. FAA Order No. 94-

5, at 5 (Mar. 10, 1994) ("It has previously been held ... that responses to pre-complaint documents do not satisfy 

the requirement for an answer."). 

'^ Letter, Respondent to Complainant. 
be permitted to late file an answer to the Complaint, and (b) attaching a proposed answer to each 

and every allegation of the complaint. 

2. Absent such a filing by Respondent on or before August 31, 2010, the allegati^ons 

of the Complaint shall be deemed admitted and the Complaint shall become an order assessing a 

civil penalty in the amount of $11,000; and 

3. A copy of this order shall be sent to Respondent's Counsel by registered or certified mail at his address as shown in the file of this case. 

SO ORDERED. 

Rerinie^ A. Yoder 

Chief Administrative Law 

Attachment - Service List 

-3-
FAA Docket No. CP08SO0013 

(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 Buildmg—Suite 2W1000''* 

ONE COPY 

Bradley P. Hanger, President 

Island Helicopters International, Ltd., Respondent 

P.O. Box 2900 

East End, Tortola 

British Virgin Islands, West Indies 

TEL: 284-495-2538 

FAX: 954-359-3213 

Raymond Veatch, Complainant's Counsel 

Attorney, Office of the Regional Counsel, ASO-7 

Southern Region 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, GA 30320 

TEL: 404-305-5200 

FAX: 404-305-5223 

The Honorable Ronnie A. Yoder, Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2142 

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.