o 

RECEIVED 

f'EB 2 3 20» 

HEARING DOCKET U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of tlie Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404)305-5223 FAX 

o 

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C::J 

F tB 1 2 2QJ0 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW - "'-^ 

Washington, DC 20591 

Re: In the Matter of Cloud Dancer Aviation and Flying Club Inc. JQfl ^S ^ C> 0 ^ I 

FAA Case No. 2009SO150233 ' PftA ^^LOJfe'^'^-^ 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Orlando, Florida area, and 

expects that the hearing v^ll last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

^^d^Mi/^ 

ANDREA MICHELLE HARPER 

Attorney / 

Office of the Regional Counsel 

Enclosures 
Dennis R- Haber, P^ . 

8925 SW 148* Street, Suite 200 

Miami, FL 33176 

Phone: 305-256-3002 

Fax: 305-256-3004 

Dennis R. Haber, Esq. (Dennis®lawverm1ami.coml 

(Denn1s@av8iawver.cofn) 

Anna D'Alessandro, Sec. (Anna®lawvennlam<.com> 

Fax Cover Sheet 

TO: 

Michelle Harper, Esq. 

CO: 

Office of Regional Couisd 

FAX MO: 

404-305-5223 

RE: CLOUD DANCER AVIATION 

2009SC150233 

FROM: 

Dennis R. Haber, Esq. 

DATE: 

February 5,2010 

TOTAL NO. OF PAGES, INCLUDING COVER: 

2 

FAX ONLY: 

FAX AND MAIL: V 

FAX AND EMAIL: 

Comments: 

Dear Ms. Harper; 

Please see attached. 

NOTE: Please call 305-256-3002 if you did not receive the all of the pages 

ATTENTION: This ^tcsimile contains PRIVILEGED AND CONnDENTIAL INFORJMATION interxied only for the use of 

the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of 

this commurrication is strictly prohibited. If you have receded this facsimile in emx", please immediately notify us 

by telephone and return the original facsimile to us at the above address via U.S. MaiL We will reimburse you for 

aU expenses incurred. Thanl<you. 

ZOO/TOOia XVJ 9Ei6 IHJ OTOZ/SO/ZO 
DENNIS R. HABER, PA. 

Providing independent General Counsel services to the Business & Aviation Community 

Of Counsel: 

Jill Sharoo Wbite, Esq. 3 

Jillg!lawvemiiami.coni 

Michael Benistein, Esq. 2 

Michael.^JawT/ermiami.coin 

Enrique J. Feniaiidez, Esq. } 

^priqua-gEJrPAxom 

February 4,2010 

Dennis R. Haber, Esq. 1 

Pennis@lawgnniaini.tpni 

PenIl^s@av8^a^v\^er•com 

1 AtoimlM Fbnih WoMivua, DC, aa)Nn> Y«k 

2 AAnittad to Florid!. New JaiCT.ualNmYodi 

3 Adnittcdmnaridi 

Member: 

U\vyer-Pilot Bar 

Assn. 

AGFA Plan 

Provider 

NB.A.\ 

EAA 

Services: 

General Counsel 

Contract 

Development 

NTSB. DOT. and 

F.\A maneis and 

Administrative 

Hearinss 

Aircraft 

R^istrauon & 

Cape Town 

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105 Exchanses 

TRANSMITTED VIA FAX AND MAIL 

404-305-5223 

Ms. Michelle Harper, Esq. 

Office of Regional Counsel 

P.O. Box 20636 

Atlanta, GA 30320 

Re: Cloud Dancer Aviation 

FAA Case No: 2009SC150233 

Dear Ms. Harper; 

This letter follows your correspondence to me r^arding the Final Notice of Proposed Ci^il 

Penalty. In accordance with the requirements, my client is requesting a hearing on this 

matter and adjudication on the merits. 

Further, we will also be requiring the fuU name and professional job record and histor>- of 

the FAA inspector who has brought these charges, the name of the supervisor of that 

inspector, and a record of all correspondences and internal memorandum with regards to 

the allegations sent, and any written notices to my client asserting a request for inspection. 

Your cooperation is very much appreciated in this matter. 

Sincerely, 

6ennis^. Habej^sq. 

DRH:ad 

Cc: Hearing Docket, FAA 

Cloud Dancer 

MaioOflSce: 8925 SW 148 Street, Suite 200 • Miami, FL 33176 • Phone: 305-256-3002 • fax: 305-25&.3004 

130 Main Street« Nj-ack, New Yoric 10960 • Phone: 845-348-4747 

ZOO/ZOOlZI XVJ 9e!6 IHJ OTOZ/SO/ZO 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Cloud Dancer Aviation and Flying Club Inc. 

Respondent. 

FAA Docket No. 

Judge ~ 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

1. On January 28, 2010, Respondent, Cloud Dancer Aviation and Flying Club Inc. 

was advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a 

civil penalty in the amount of $33,000. On February 5,2010, the Agency Attorney received a 

written request for a hearing from the Respondent. 

II. 

1. At all times material herein. Cloud Dancer Aviation and Flying Club Inc. were 

and are now the holder of Air Agency Certificate No. Y85S723K. 

2. At all times material herein, you were and are now the registered operator of civil 

aircraft N61FH, a Piper PA-34-200. 

3. On or about July 17,2009, a representative of the Federal Aviation Administration 

(FAA) contacted you to inform you that he would like to conduct an inspection of 

N61FH. 

The representative was informed that he was not allowed access to the facility or 

to the aircraft maintenance records. 
5. On or about July 28,2009, a representative of the FAA sent a letter to you 

requesting in writing that within 10 days you contact the North Florida Flight 

Standards District Office (FSDO) of the FAA to arrange to provide the maintenance 

records of N61FH for inspection by the FAA. 

6. As of this date you have not responded to the letter. 

7. On August 20,2009, you allowed other representatives of the FAA to inspect the 

aircraft. 

III. 

1. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

2. Pursuant to 49 U.S.C. Sections 46301 (a)-(d). Respondent is subject to a civil 

penalty not to exceed $1,100 for each of the violations alleged. 

3. Under the facts and circumstances of this case, a civil penalty of $33,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $33,000. 

Respectfully submitted this \7/ ^ day of February, 2010. 

ANDREA MICHI 

Attorney 

Office of the Regional CoAnsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Cloud Dancer Aviation and Flying Club Inc. 

1585 Aviation Center Parkway 

Daytona Beach, FL 32114 

Dennis R. Haber, P.A. 

8925 SW 148*^ Street, Suite 200 

Miami, FL 33176 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

FEB 1 2 £OtO 

Dated 
& 

U.S. Department Southern Region P.O. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation ^ • t ^'^^^ 305-5200 

Administration ^nFILF l (404) 305-5223 FAX 

JAN 2 8 ZQtO 

CERTIFIED - RETURN RECEIPT REOUESTED 2009SO150233 

& REGULAR MAIL 

Cloud Dancer Aviation and Flying Club Inc. 

David Lee Alber, Sr., Owner 

1585 Aviation Center Parkway 

Daytona Beach, FL 32114 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On November 5, 2009, you were advised through a Notice of Proposed Civil Penalty that the 

FAA proposed to assess a civil penalty in the amount of $33,000. 

After considering all the evidence in this matter, it appears that: 

1. At all times material herein, you were and are now the holder of Air Agency 

Certificate No. Y85S723K. 

2. At all times material herein, you were and are now the registered operator of civil 

aircraft N61FH, a Piper PA-34-200. 

3. On or about July 17, 2009, a representative of the Federal Aviation Administration 

(FAA) contacted you to inform you that he would like to conduct an inspection of 

N61FH. 

4. The representative was informed that he was not allowed access to the facility or 

to the aircraft maintenance records. 

5. On or about July 28, 2009, a representative of the FAA sent a letter to you 

requestmg in writing that v^ithin 10 days you contact the North Florida Flight 

Standards District Office (FSDO) of the FAA to arrange to provide the maintenance 

records of N61FH for inspection by the FAA. 

6. As of this date you have not responded to the letter. 

7. On August 20, 2009, you allowed other representatives of the FAA to inspect the 

aircraft. 
8. As a result, you violated the following sections of the Federal Aviation 

Regulations: 

(a) Section 91.417(c) in that the owner or operator shall make all maintenance 

records required to be kept by this section available for inspection by the 

Administrator or any authorized representative of the National Transportation 

Safety Board (NTSB). 

(b) Section 141.21(c) in that each holder of a certificate issued under this part 

must allow the Administrator to inspect its personnel, facilities, equipment, 

and records to determine the certificate holder's compliance v^th the Federal 

Aviation Regulations. 

Under 49 U.S.C. Sections 46301(a)-(d), you are subject to a civil penalty not to exceed $1,100 

for each of the violations noted. By reason of the foregoing facts and circumstances, we propose 

to assess a civil penalty in the amount of $33,000. 

Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or 

before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing 

Civil Penalty and you will have no further right to a hearing. If you do not submit a written 

request for a hearing, you must pay the proposed civil penalty. 

Your request for a hearing must be sent to the Hearing Docket, FAA, AGC-400, Room 2014,600 

Independence Ave., SW, Washington, DC 20591, Attention: Hearing Docket Clerk, and a copy 

must be sent to the undersigned FAA attomey. Your request must be dated and signed, in 

accordance with section 13.16 of the Federal Aviation Regulations, sent to you with the Notice of 

Proposed Civil Penalty (14 C.F.R. §13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to the 

"Federal Aviation Administration" to the undersigned. 

EDDIE L. THOMAS 

REGIONAL COUNSEL 

original signed by 

BY: 

ANDREA MICHELLE HARPER 

Attomey 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Certified Mail & Regular Mail to: 

Cloud Dancer Aviation and Flying Club Inc. 

David Lee Alber, Sr., Owner 

1585 Aviation Center Parkway 

Daytona Beach, FL 32114 

Dennis Haber, Esq. 

8925 SW 148'*' Street, #200 

Miami, FL 33176 

[\)cfyifYia? prAA^/d 

JAN 2 8 ^ow 

Dated 

cc:0RL-FSD0-15, .. 

ASO-7:DES:01/27/10 

F:\Admin\Notices\Open2009\2009SO150233.doc