SERVED: AUGUST 4, 2010 

U.S. DEPARTMENT OF TRANSPORTATION ^^ i C " • : • OilWiON 

OFFICE OF HEARINGS " ^ ~ 

WASHINGTON, DC 

IN THE MATTER OF 

FRANK TERLIZZI 

FAA DOCKET NO. CP10SO0007 

(Civil Penalty Action) 

DMS NO. FAA-2010-0537 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

By "Order to Show Cause of the Chief Administrative Law Judge," served July 7, 2010,1 

directed that, on or before July 27, 2010, Respondent serve and file a response (a) indicating 

(1) why Complainant's allegations should not be deemed admitted, and an order assessing a civil 

penalty should not be entered against him, and (2) why Respondent should be permitted to late 

file an answer to the Complaint, and (b) attaching a proposed answer to each and every allegation of the complaint. I also ordered that, absent such a filing by Respondent, a civil penalty in 

the amount of $800 would be assessed against Respondent. 

Respondent has not made any filing in response to the Order. Accordingly, it is ordered 

that a civil penalty in the amount of $800 is assessed against Respondent, and this proceeding is 

dismissed with prejudice.^ 

Not later than 10 days after service of this decision (plus five additional days, if this decision is served by mail). Respondent may file a Notice of Appeal to this decision pursuant to 

' Respondent also has failed to file an answer to Complainant's "Motion to Deem Allegations Admitted," 

which was served on Respondent's Counsel on July 2, 2010. See 14 C.F.R. § 13.218(d). 

^ See, e^ . Spirit Airlines. Inc.. FAA Docket No. CP09GL0002, DMS No. FAA-2009-0185, Order of Chief 

Administrative Law Judge at 1 (Jun. 25, 2009); Redford Forwarding Co., Inc.. FAA Docket No. CP01EA0002, 

DMS No. FAA-2001-8997, Order of Chief Administrative Law Judge, at 2 (Mar. 7, 2006); Joel A. Devries. FAA 

Docket No. CP98EA0028, DMS No. FAA-1998-4590, Order of Acting Chief Administrative Law Judge, at 1 (July 

11,2000). 
14 C.F.R. § 13.233(a) by either (a) mailing it to tlie Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591; Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building—Suite 2W1000; or (b) delivering it personally or via expedited coiarier 

service to the Federal Aviation Administration, 600 Independence Ave., S.W., Wilbur Wright 

Building—Suite 2W1000, Washington, D.C. 20591, Attention: Hearing Docket Clerk, AGC430. Not later than 50 days after service of this Order (plus five additional days, if this Order is 

served by mail), a party must perfect any appeal by filing an appeal brief, pursuant to 14 C.F.R. 

§ 13.233(c), as set forth above. Such a party should also serve a copy of the Notice of Appeal 

and appeal brief on each party on the attached service list. 

SO ORDERED. 

Ronnie A. Yoi 

Chief Administrativi 

Attachment - Service List 

^ ^ 

> 

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FAA Docket No. CP10SO0007 

(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 Building—Suite 2W1000^ 

ONE COPY 

William R. Byrne, Respondent's Counsel 

Law Office of William R. Byrne 

929 Massachusetts Avenue, Level #01 

Cambridge, MA 02139 

TEL: 781-856-9909 

Gerald A. Ellis, 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. 

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