SERVED MAY 4, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

KYLE PONSFORD 

FAA DOCKET No. CP09AL0007 

(Civil Penalty Action) 

DMS FAA-2009-0729 

ORDER FOLLOWING REMAND 

On November 9, 2009, the undersigned issued an Order Deeming Allegations 

Admitted and Limiting the Proceeding to the Issue of Civil Penalty ("Order Deeming 

Allegations Admitted") because Respondent Kyle Ponsford (hereinafter "Respondent" or 

"Ponsford") had not filed an answer to the Complaint. 

Mr. Ponsford appealed my ruling to the Administrator. Complainant Federal 

Aviation Administration (hereinafter "Complainant") answered. By FAA Order No. 

2010-3 (April 28, 2010), the Administrator dismissed Ponsford's appeal and remanded 

the matter. Order No. 2010-3 noted that Ponsford had filed a letter dated October 28, 

2009, which, while after the due date for an answer to the Complaint, was prior to the 

deadline set by my October 22,2009 Order to Show Cause. In the Order to Show Cause 

I had set a deadline for Respondent to file an answer or risk default or other penalties. 

The Administrator stated that I should "consider" whether Ponsford's letter established 

good cause for failing to file a timely answer. 

Mr. Ponsford's letter dated October 28, 2009, was not received by the Office of 

Hearings. Respondent is reminded of the statement in our Procedural Order regarding 

service of pleadings. 

WHEREFORE, the Order on Remand and attachments having been read and 

considered, the Order Deeming Allegations Admitted be and is hereby modified as 

follows: 

1. Respondent's letter dated October 28,2009, is received as his answer; 

2. At the hearing. Respondent will be permitted to address the substantive 

allegations of the Complaint; and 

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3. The Order Deeming Allegations Admitted is vacated to the extent required 

by the previous paragraphs. 

The parties are reminded that this case will be heard on June 29, 2010, in Juneau, 

AK, in accordance with the Notice of Hearing Dates served January 13, 2010. 

^dwin 

Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CP09AL0007 

(Civil Penalty Action) 

CORRECTED SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000' 

ONE COPY 

Kyle Ponsford, Respondent 

HC 60 Box 3394 

Haines, AK 99827 

Glenn H. Brown, Complainant's Counsel 

Senior Attorney, Office of the Regional Counsel, AAL-7 

Alaskan Region 

Federal Aviation Administration 

222 West 7* Avenue, Box 14 

Anchorage, AK 99513-7587 

TEL: 907-271-5269 

FAX: 907-271-2800 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building - Room 

2014, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.