### u.s. Department ofTransportation Federal Aviation Administration



## [JUL 2 3 201ru FEDERAL EXPRESS Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 600 Independence Avenue, SW Washington, DC 20591 Southern Region Office of the Regional Counsel



### Re: In

### the Matter ofNayelli Figueroa FAA CaseNo. 2014S0190129 P.O. Box 20636 Atlanta, Georgia 30320 ( 404) 305-5200 ( 404) 305-5223 FAX 

# RECt:tVE:u

., 24 2015 

## HEAHU\JG



# dO\~~ UGCi<ET 

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Enclosedherewithplease fmd a copy ofa request for hearing and the original and one copy of the Complaint inthe above-referenced proceeding. The FAArequests that thehearing in this matterbeheldinthe Miami, Florida area, and expects that the hearing will last one day. Please address all communications for the FAA to the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,



# 4~/'r./~~ RYAN

# a LANDERS Attorney Office ofthe Regional Counsel Enclosures

## THE BENNETT LAW CENTER

Scorr E. 8E:NNf,T'Tj P.A. • MEt.'IBC:R OF SlATE AND

FEOERAL TRIAL BAR · AV RATo:o 

### July 22,2015 

### Federal Aviation Administration 600 Independence Avenue SW Wilbur Wright Building Suite 2Wl000 · Washington,DC20591

Attn: Hearing Docket Clerk, AGC-430 :Re: 

### N ayelli FiguCJ:oa Notice ofPr()posed Civil Penalty ' LtR!: MEMBER • M•WoN DCLL.,IJ<, A,oyOOATe3

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Request f()r Hearing 

### Dear Sir or Madam: 337'7 S,W, 3RD AVENUE: tvliAMI,

**F!..O~IDA** 33145

**TEkE~=>HONE:** (305} 648-2:255 F,e,x: 1305) 64e·22S6



### Pursuantto Section 13.16 ofthe Federal Aviation Regulations, the undersigned hereby requests a 

### Hearing on behalfof our client, Nayelli Figueroa, as a 

### result ofthe FAA's assessed Notice of Civil Penalty under D.S.C. Section 41/301 (a)(5)(A), and adjusted under 14 CFRpart 13, subpart H. 

### Please provide the 

### undersigned with the 

### date and time of said Hearing at 

### your earliest opportunity. Sincerely,

cc: Ryan M. Landers, Regional Counsel U:S. Department

### ofTransportation

## THE BENNETTLAW CENTER

ScoTT B. BENNETT, P.A • MI::MSER OF STATE AND

FEDERAL TRIAL 8AR •AV RATED Jtdy22, 2015 Via Reglllar U.S. Maila11d Facsimile to: (4041305·5223 Ryan 

### M. Landers, Regional Cmmsel U.S. Department ofTranspoliation Office ofRegional Counsel P.O.Box20636 Atlanta, GA 30320 Re: Nayelli Figueroa Notice ofProposed Civil Pennlty Dear

### Mr. Hyrnan: u•EMEMB!!.;l:!, Mu.LION DO,t,.O,R

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**AI'J'!erlc~"'** .3377 $.W, 3RO AVENUE MIAMI, FLORIDA 33146 TELEPHONE: (305) 648--2255 FAX: (306) 648-2256

Pursuantto your Jetter dated July 15, 2015, I inform you that we have requested 

### ahearing on this matter. A copy ofour request for said hearing has been attached hereto for yourrecords. This fine 

### is preposterous, and arises from an incident occurring on or about February 13, 2014, when a neighbor ofNayelli, another minor, 

### had a toy electronic pointer that she was playing with in the b>tck yard. Nayelli took the pointer and allegedly illuminated the cockpitof

### aPolice DepartmentHelicopter. Nayelli 

### Figueroa is a child in High School, and had no idea that the beam could reach that high, nor 

### even 

### be seen by the Helicopter. 

### She had no malice, and had no intention ofinterfering with the Helicopter. Nayelli is in High School and does not have ajob; therefore, she is unable to pay any fine, especially such an exorbitant amount. I would assume that The Department of Transportation and Federal Aviation Administration has more pressing matters to attend to then the vigorous prosecution ofa minor playing with atoy. · Please note that I have reporters from The Miami Herald and Channel 4 News that are extremely interested in this Governmental waste oftime and miscarriage ofJustice, therefore, we will be in contact upon receipt ofa Hearing date. Ifyou have any questions, please don'thesitate to call me. Sincerely,

SCOTT

### B. BENNETT SBB/dtU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. NA YELLI FIGUEROA Respondent.
JUDGE NOT YET ASSIGNED FAA Docket No. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 1. On July 15, 2015, Respondent, Nayelli Figueroa was advised through a Final Notice ofProposed Civil Penaltythat the FAAproposed to assess a civil penaltyin the amount of$11,000. On July 22, 2015, the Agency Attorneyreceived a writtenrequest for a hearing from the Respondent. II. 2. On or about February 13,2014, at approximately 11:28 p.m. local time, you aimed a beam oflight from a laserpointer towards the sky, and that beam struck a Miami Police Department Helicopter that was flying approximately 5 miles east, southeast of Miami International Airport (MIA). 3. You intentionally aimed the beam oflight at theMiami Police Department Helicopter. 4. Thebeam oflight illuminated the cockpit ofthe Miami Police Department Helicopter. 5. The beam oflight interfered with the crewmembers' performance oftheir duties aboard that aircraft.III. 6. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations: Section 91.11 ofthe Federal Aviation Regulations (Title 14, Code ofFederal Regulations), which states that no person may interfere with a crewmember inthe performance ofthe crewmember's duties aboard an aircraftbeing operated. 7. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penaltynot to exceed $11,000 for each ofthe violations alleged. 8. Under the facts and circumstances ofthis case, a civil penalty of$11 ,000 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penaltyin the amount of$11,000. Respectfully submitted this 

## ,j._) day ofJuly, 2015.

RYA Attorney Office ofthe Regional Counsel
PLEASE NOTE: Pursuantto Title 14 CFR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows.

### CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has beenmailed this date by Federal Express, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 600 Independence Avenue, SW Washington, DC 20591 Nayell Figueroa 930 SW 14th Ave Miami, FL 33135 The Bennett Law Center c/o Scott B. 

### Bennett, P

### A 3377 SW 3rd avenue Miami, FL 33145

TIFF Leg' I

**Offic~e~.....,.,.Regional** 

### Counsel 

## fJUL 2 3 20J5.l Dated (original+ 1 copy)