09/22/2015 12:28 4252271007 ANM7 

u.s. Department 

of Transportation 

Federal Aviation 

Administration 

september 22, 2015 

Northwest Mountain Region 

Office of Rsgional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425) 227·1417 

Fax: (425) 227-1007 

robert.spltzer@faa.gov 

VIA FACSIMILE AND CERTIFIED MAll..- RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg-· Room 2Wl000) 

800 Independence Avenue S.W. 

W<J$hington, D.C. 20591 

Re: In the Matter of Felts Field Aviation, Inc., FAA Case No. 2015WP910090 

Enclosed is an original and one copy of a request for hearing and Complaint in. the abovereferenced proceeding. 

The Fede~al Aviation Administration (FAA) requests that the hearing in this matter be held in 

Spokane, Washington, and expects that the hearing 'iVill!ast one (1) day. 

PAGE 02/09 

For scheduling purposes, FAA attomey, Robert Spitzer will be unavailable November 24, 2015 through 

November 27,2015, and December 22,2015 through January 5, 2016. 

Please address all co=unicati.ons for the FAA to the undersigned at 

Sincerely, 

· Federal A viatl.on Administration 

Northwest Mountain Region, ANM" 7 

1601 LindAvenueS.W. 

Renton, Washington 98057 

Telephone: (425) 227-1847 

FAX: (425) 227-1007 

·> ARobert Spitzer 

FAA Attorney 

RS/tek 

Enclosures: Request for Hearing (Appeal) 

Complaint 
0g/22/2015 12:28 4252271007 

ROBERT SPITZER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425)227-1417 

FACSIMILE: (425)227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Felts Field Aviation, Inc. 

I 

FAACaseNo.2015WP910090 

Judge Not Assigned 

------------------------~ 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

PAGE 03/0g 

pursuant to Rule 208 ofthe Rilles of Practice (14 Code of Federal Regulations (C.F.R.) Section 

13.208), and states as follows: 

I. 

On September 15, 2015, Felts Field Aviation, Inc. (Felts Field) was advised tlJrough a 

Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $11,000. On September 17, 2015, Felts Field submitted a written request for a hearing 

through their attorney of record, Mark J. Conlin. 

II. 

1, Felts Field is now, and at all times mentioned herein was, the holder of a FAA"issued 

certificate No. GFV A247E authorizing Jt to conduct operations under Part 135 of1he 

Federal Aviati.on Regulations (FAR). 

COMPLAINT 

FA.A.. v, Felts FieldAviatioo,Ine. 

FAACoseNo. 2015WP910090 

Page z of6 

RO~ERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX; (4:15) 227·1007 
09/22/2015 12:28 4252271007 ANM7 PAGE 04/09 

2. At all times relevant herein, Felts Field was required to comply with the requirements 

of 14 C.P.R. Part 120 and 49 C.P.R. Part 40 for its drug and alcohol testing program. 

3, At all times relevant herein, Felts Field employed Richard Webber to perform safetysensitive duties, specifically to act as a pilot. 

4. Mr. Webber was not added to Felts Field's random drug and alcohol testing pool until 

on or about April6, 2015. 

5. As a result of the above, Mr. Webber was not included in the random selection pool 

during selections made in July 2013, October 2013, January 2014, April2014, 

July 2014, October 2014, and January 2015. 

6. Prior to April 6, 2015, Mr. Webber performed piloting duties, a safety-sensitive 

function, for Felts Field. 

7. As a result of the above, Felts Field failed to ensure tb.at each employee that performs 

a safety-sensitive function was subject to drug testing under a testing program 

implemented in accordance with 14 C.P.R. Part 120. 

8. As a result of the above, Felts Field failed to ensure that each employee that performs 

a safety-sensitive function was subject to alcohol testiu.g under a testing program 

implement in accordance with 14 C.F.R. Part liO. 

ill. 

1. By reason of the foregoing facts and circumstances, Felts Field violated the following 

sections of the Federal Aviation Regulations (14 C.P.R.): 

a. Section 120.105, in that Felts Field failed to ensure that each employee that performs a 

safety-sensitive function was subject to drug testing under a testing program 

implemented in accordance with 14 C.F.R. Part 120. 

COMPLAINT 

FM v. Fe1t.,o;;.FieldAviation) In¢. 

FAA CasoNo, 2015WP910090 

P~e3 of6 

ROBJ'J'.T Sl'ITZER, FMATIORNEY 

TEL: (425) 227-1417; FAX: (4l.5) ~;t?-1007 
09/22/2015 12:28 4252271007 ANM7 

b. Section 120.215(a), in that Felts Field failed to ensure that each employee that 

performs a safety-sensitive function was subject to alcohol testing under a testing 

program implement in accordance with 14 C.f.R. Part 120. 

2. In accordance with Sections 4630l(a) and (d) ofTitle 49 of the United States Code 

PAGE 05/09 

(U.S. C.) (Transportation) [49 U.S. C. Sections 46301(a) and (d)), Felts Field is liable for a civil 

penalty not to exceed $11,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of$11,000 is appropriate. 

WHEREFORE, the Agency, by col!llSel, respectfully requests that the Administrative 

Law Judge enter an order that Felts Field be assessed a civil penalty in the amount of$11,000. 

Respectfully submitted this zznd day of September, 2015. 

RobortS~ FAA Attorney 

COMP).AINT 

FAA v. Folts Field Aviation, !no. 

FAA Case No. 2015'WP9l0090 

Page4 ot6 

ROS"'-t S!'!TZU, FAA ATroRNEY 

TEL: (425) U7·l4!7; FAX: (425)227-1007 
09/22/2015 12:28 4252271007 ANM7 PAGE 05/09 

ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, 

Felts Field Aviation, Inc., mu.st answer this Complaint not later than thirty (30) days from the 

time it is served on it. Failure to file an Answer within thirty (30) days without good cause shall 

be deemed an admission of the truth of each allegation contained in the Complaint [14.C.F.R. § 

13.209(1)]. 

COMPLAINT 

FAA v. Folts Field Aviation, Inc. 

FAA Case No. :20l5\J,iP910090 

PageS of6 

RC!BERI SmZER, FAA AITO'*'Y 

. TEL: (425) 227·1417; FAX: (425) 227-1007 
09/22/2015 12:28 4252271007 ANM7 PAGE 07/09 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complaint has been served via facsimile and Certified Mail - Return Receipt Requested this date, to the following: 

COMPLAINT 

Federal Aviation Administration 

800 Independence Avenue SW 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Washington, D.C. 20591 

Fax: (202) 267-1293 

Felts Field Aviation, Inc. 

14 East Main Ave. 

Spokane, WA 99202 

Mark J. Conlin 

Attorney at Law 

421 W. Riverside Ave, Suite 911 

Spokane, WA 99201-0405 

Fax: (509) 623-1650 

Dated this 22nd day of September, 2015 . 

.....___..-71/ ~ .1 ·c ;_j,J_ 

T· . Kirk 

ffice of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave, SW 

Renton, W A 98057 

(425) 227-2007 

FAA v. Felts Field Aviation, Inc. 

FAA Case No. 20l5WP910090 

Page6of6 

ROBERT SmZER, FAA ATTORNEY 

TEL: (425) 227·1417; fAX: (425) 227-1007 
09/22/2015 12:28 4252271007 ANM7 PAGE 08/09 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

l.2 

13 

14 

Regional Counsel 

SEP 2 12015 

ANM-7 

FEDERAL AVIATION ADMINISTRATION 

i FEDERAL AVIATION ADMINSTRATON 

Complainant, 

FELTS FIELD AVIATION 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 2015WP910090 

REQUEST FOR HEARING 

_ The Respondent, by and throllg h their Counsel, requests a hearing in this matter 

15 pursuant to C.F.R. Section 13.16. The Respondent requests the hearing be held in - Spokane, Washingt~n. 16 

17 

18 

19 

20. 

2j 

22 

23 

24 

25 

26 

27 

28 

•. -· ....-;r.& 

Respectfully submitted this /Z day of September, 2015. : 7 

Mark J. Con· 

Attorney for r-e~~:-s-ne 

1 

CO NUN, .MALONEY & MILLER 

ATTORNEYS AL LAW 

'121 W.RIVERSIDEAVE,, SUITE ~11 

:SPOKANE,Wi\SHINCTON 99:?.0\ 

(~09) 62.4-:3020 
09/22/2015 12:28 4252271007 ANM7 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

PAGE 09/09 

CERTFICATE OF MAILING 

·1 hereby certify that on September 17, 2015, the original and two copies of the 

Request for Hearing has been mailed via regular mail to: 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC~430 

Wilbur Wright Building- Suite 2W1 000 

BOO Independence Avenue SW 

Washington, DC 20591 

A copy of the Request for Hearing has been mailed to: 

'\' ·' 

Federal Aviation Administration 

Office of Regional Counsel - ANM~ 7 

Northwest Mountain Region 

1601 Lind Avenue, SW 

Renton, WA 98057 

Dave Klaue 

Felts Field Aviation 

14 E. Main 

Spokarie, WA 99202 

DATED this 17th day of September, 2015. 

'G'wenn Kub.ik 

Legal Assistant to Mark Conlin 

2 

CoNUN. MALONEY & MILLER 

ATTORNEYS AT [.1\W 

42.1 W, RfV;ERSrDE AV'£., SUITE 9)1 

SPOKANE, WASHTNGTON 992.01 

(509) 624~3020 
09/22/2015 12:28 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADMINISTRATION 

OFFJCE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND A VENUE S.W. 

~ENTON, WASHINGTON 98057 

PAGE 01/09 

The information contained in this facsimile message is legally privileged and confidential 

infonnation and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

r--------------··--· .. -- --·-------------------, 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

September 22,2015 

Hearing Docket Clerk 

202-267-1293 

Felts Field Aviation 

COMPLAINT 

NO. PAGES: 9 including cover 

FROM: Robert Spitzer 

FAX NO.: 

PHONE NO.: 425-227-1417