U.S- DEPARTMENT OF TRAiNSPORTATlON lAtwEIVE D 

FEDERAL AVIATION ADMINISTRATION W »—•• # 

MAR 2 0 2012 

) HEARING DOCKET 

In Ihe mciuerof: ) 

) FAA Dockftt No- CP-[To be assigned] 

BADGER HELICOPTERS, INC. ) Case No. 2011AL910019 

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JUDGE NOT ASSIGNED ^;' S^^'- ' 

COMPLAINT iZ c^'§§ ' 

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The Federal Aviation Administration (Complainant), by counsel, hereby files^its ^^y^: ^ 

Complaint, pursuant to Rule 208 of the Rules of Practice in FAA Civil Penalty Actions r-::^"^ 

(14 C.F.R. ^ 13.208), and stales as follows: 

I. 

Respondent Badger Helicopters, Inc. (Respondent or Badger Helicopters) was advised 

thruugh a Notice of Proposed Civil Penalty dated August 15. 2011, and by a Final Notice of 

Proposed Civil Penalty dated February 21,2012, that the FAA proposed to assess a civil penalty 

in the amount of S4,400. By a letter dated March 2, 2012, Respondent requested a hearing. The 

Enforcement Division, FAA Office of ihc Chief Counsel received Respondent's written request 

for a hearing by Certified Mail - return receipt requested on March 7, 2012. Because 

Respondent's March 2, 2012 request for a hearing was not sent to the Hearing Docket in 

accordance with 14 C.F.R. § 13.16(h), Respondent sent asecond letter requesting ahearing dated 

March 8, 2012, and addressed to the Hearing Docket, On March 14, 2012, the Enforcement 

Division, FAA Office of the Chief Counsel received a copy of Respondent's second letter by 

Certified Mail - return receipt requested. 

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1. Badger Helicopters is now. and at all times mentioned in this document was, the 

holder of a Letter of Authorization issued by the FAA, authorizing it to conduct commercial air 

tour operations under 14 C.F.R. § 91.147. 

2. At ail times mentioned in this document, 14 C.F.R. § 91.147(e) required that 

Badger Helicopters comply with the provisions of its Letter of Authorizalion, which among other 

things provides that Badger Helicopters will comply with the requirements of 14 C.F.R. part 120 

and 49 C.F.R. part 40 for its antidrug testing and alcohol misuse prevention program. 

3. 14 C.F.R. § 120.109(a)(1) prohibits an employer from hiring any individual for a 

safcty-sen.^irive function unless the employer first conducts a pre-employment test and receives a 

verified negative drug test result for that individual. 

4. Under 14 C.F.R. § 120.105(a), a person who performs flight crewmembcr duties 

performs a safety-sensitive function 

5. Under 14 C.F.R. § 120.7(j), "hire" means retaining an individual for a safetysensitive function as a paid employee, as a volunteer, or through barter or other fonn of 

compensation. 

6. Under 14 C.F.R. § 120.7(q), a verified negative drug test result means a drug test 

result from an HHS [Health and Human Sen-icesJ-certified laboratory that has undergone review 

by a Medical Review Officer ("MRO") and has been determined by the MRO to be a negative 

result. 

7. At all times mentioacd in this document, Dakota Rotors LLC was a holding 

company ihai held Badger Helicopters. 

8. Tlie FAA's inspection of Badger Helicopters revealed that: 

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a. In June 2010, Dakota Rotors hired Cara Davis and assigned her to conduct 

commercial air tour operations for Badger Helicopters under Badger Helicopters' Letter 

of Authorization. 

b. On or about June 9, 2010, Dakota Rotors conducted a pre-employment 

drug test of Cara Davis. 

c. Civil aircraft N121AH was authorized for use by Badger Helicopters in its 

commercial air lour operations under section 91.147. 

d. On or about Jime 10, 2010, Cara Davis performed flight crewmembcr 

duties on a commercial air tour operation under section 91 147 for Badger Helicopters in 

civil aircraft Nl21 AH. 

c. On or about June 11, 2010, the MRO verified the results of Cara Davis' 

pre-employment drug test as negative. 

f Badger Helicopters hired Cara Davis for a safety-sensitive function 

without first cundueling a pre-employment drug test and receiving a verified negative • 

drug test result for her. 

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1. By reason of the foregoing, Badger Helicopters violated 14 C.F.R. § 91.147(e), in 

thai il tailed to comply with the requirements of 14 C.F.R. § 120.109(a)(1). 

2. Pursuant to 49 U.S.C. § 46301(a)(5)(A); Badger Helicopters is subject to a civil 

penalty not to exceed SI 1,000 for each violation of the Federal Aviation Regulations. 

3. Under the fads and circumstances of this case and in accordance with the 

Admimstrator's Sanction Guidance in FAA Order 2150.3B, Appendix B, a civil penaltyof 

$4,400 is appropriate for the violation in this case. 

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WHEREFORE, the Complainant, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the 

amount of $4,400. 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

Date: March 15.2012 

Senior Attorney 

Enforcement Ehvision, AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Telephone: (202) 267-7268 

Facsimile: (202)267-5106 

NOTE: 

Pursuant to 14 C.F.R. § 13.209(a), a wiitten answer to a complaint must be filed no later 

ihan Thirty (30) days after service of the complaint. 

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CERTIFICATE OF SERVICE 

I hereby certify that on this date. I have sent by U.S. certified mail, a copy of the 

foregoing complaint in the matter of Badger Helicopters, Inc., FAA Docket No. CP-[lo be 

assigned], Case No. 2011AL9I0019, to: 

Michael Jacob, President 

Badger Helicopters, Inc. 

24564 Hwy 16/385 

Cusier SD 57730 

In addition, 1 hereby certify that on this date, I have sent by U.S. certified mail the 

original and one copy of the foregoing document to: 

Hearing Docket 

Federal Aviation Administration 

Or\'iUc Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Ann: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

ferUt^ ft^TtJ^ 

Date: March 15,2012 

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