## u.s. DEPARTMENT oF TRANSPORTAnolfl

# E C EIVED SEP 29 2016 OFFICE OF HEARINGS

WASHINGTON, D.C. 

## HEARING DOCKFT ----In-the-Matter-of:--------------------------------------}-------------------

------------------- - ------------- -- ------------- ) DocketNo: FAA-2015-3307 FELTS FIELD AVIATION ) ) Case No: 2015WP910090 Respondent )**--------------~)** 

### Judge J.E. Sullivan

COMPLAINANT'S RESPONSE TO RESPONDENT'S REQUESTS FORADMISSIONS 

### The Complainant, by and through counsel, provides the following responses to Respondent's Requests for Admissions. Where an objection is noted, but a substantive response is provided, the**s~?stantive** 

### response is providedwithoutwaivingthe objection. REQUESTS FORADMISSIONS 

### Requestfor Admission 1: Admit some colllillercial pilots are exemptfromblood/alcohol testing: ANSWER: Objection

- vague and ambiguous. This request seeks information regarding "blood/alcohol testing," but is vague and ambiguous regarding whattype oftesting to which it is referring. Subject to, and withoutwaiving said objection, the Complainant(;armot admitor deny; therefore, deny. Request for Admission 1: Admit commercial pilots can operate under more than one Certificate Holder. ANSWER: Admit. Request for Admission 3: Admit Certificate Holders can contract with a third party administrator to monitor requirements under 14 CFR 120. ANSWER: Objection-Vague·

### mid overbroad. This requestseeksinformationregarding "athird party administrator monitoringrequirements· imder 14 CFR 120," butis vague regarding what specific requirement under 14 CFR 120 to which it is referring. Additionally, this request is overbroad because it fails to specifY which ofthe numerous requirements under 14 CFR 120 it is referring to. Subject to, and without waiving said objection, the Complainant cannot admit or deny; therefore, deny. Request for Admission 4: Admit that third party administrators have contractual responsibilitiesto the Certificate Holder. ANSWER: Objection- calls for speculation. The Respondent seeks information that is within a

_______________**C_ertifkat<!_HJ.!ld~r's_kn_o_w:Led~e,and_the_C_QIDJllaiuant~;;m_Qnly_spe_c_ula1~as_tQwhe_therthinLpill"t)'**_____ administrators have contractual responsibilities to a Certificate Holder. Subject to, and without waiving said objection, the Agency cannot admit or deny; therefore, deny. Request for Admission 5: Admitthe F.A.A. recognizes the contractual relationship betweenthe certificate holder andthe thirdparty administrator. ANSWER: Objection

- vague and ambiguous. This request seeks information regarding "the contractual relationship between the certificate holder and the third party administrator," but is vague and ambiguous regarding what contractual relationship to which itis referring. Subject to, and without waiving said objection, the Agency cannot admit or deny; therefore, deny. Request for Admission 6: Admit that First Advantage was approved and authorized to act as a third party administrator for the Respondent. ANSWER: Objection- calls for speculation. The Respondent seeks information that is within a Respondent's knowledge, and the Complainant can only speculate as to whether FirstAdvantage was approved and authorized to act as a third party administrator for the Respondent. Subject to, and without waiving said objection, the Agency cannot admit or deny; therefore, deny. Respectfully submitted, PatriciaA. MeNall Acting Assistant ChiefCounsel for Enforcement

# jae~ Enforcement Division, WesternTeam P.O. Box 92007 Los Angeles, CA90009-2007 Email: fatimah.stokley@faa.gov Telephone: (310) 725-7112 Facsimile: (310) 725-6816

Date: September 21,2016 2DocketNo. FAA-2015-3307 CaseNo. 2015WP910090 --------------------------------------------CERIIEICA'IE-OE..S.ER¥1CE--------------------

--------- I hereby certifY that on this date I have sent by Facsimile and U.S. First Class Mail, the COMPLAINANT'S RESPONSE TO RESPONDENT'S REQUESTS FOR ADMISSION, addressed as follows: Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Ave, S.E. East Bldg., Room Ell-310 Washington, D.C. 20590 Also byFax: 202-366-7536 Federal AviationAdministration Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000 800 Independence Ave., S.W. Washington, D.C. 20591 Also byFax: 202-267-1293 MarkJ. Conlin 421 W. Riverside Ave., Suite 911 Spokane, WA 99201 Also by Fax: 509-623-1650 Date: September 21,2016

Antonia Garcia Paralegal Specialist EnforcementDivision National Enforcement Program Western Team Federal AviationAdministration Lawndale, California 3