### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ) 

# RECEIVED FEB - 7 2014 HEARING DOCKET In the Matter ofJett Pro Line Maintenance ) FAACaseNo.2011WP910076 

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### COMPLAINT The Federal Aviation Administration ("Complainant") by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 

### On September 7, 2011, Respondent was advisedby mail through a Notice ofProposed Civil Penalty thatthe FAAproposed to assess a civil penalty in the amount of$107,600. OnJanuary 27,2014, Respondent requested a hearing. 

### I.I. 1. Jett Pro Line Maintenance ("Jett Pro") is, and at all times mentioned herein was, the holder ofAir Agency Certificate No.YUJR093Y, with Repair Stationprivilege issued under 14 C.F.R. Part 145.

2. On or about April 2, 2004, Jett Pro opted to include paragraph A449 in its part 145 operations specifications, which required Jett Pro to comply with the requirements of 14 C.F.R. part 120, and 49 C.F.R. § 

### 40, for its antidrug and alcohol misuse prevention program.

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### 3. Withregard to employee Randol Velasquez:
a. On or about March 31, 2009, Jett Pro hired Mr. 

### Velasquez to perform maintenance and preventive maintenance duties. b. Mr. Velasquez, a SeniorLine Technician, performed aircraft maintenance and preventive maintenance duties onparts and/or components installed on aircraft used in operations conductedunder 14 C.F.R. part 121.
c. A records check conductedby Jett Pro directed to Certified Aviation Services revealed that on or about September 19, 2008, Mr. 

### Velasquez's random drug test results
were verified positive for the presence ofdrugs. d. On or about May 23, 2009, June 11,2009, and June 18,2009, while still employed by Certified Aviation Services, Mr. Velasquez had appointments with a Substance Abuse Professional (SAP). The SAP recommended that Mr. Velasquez receive six follow-up drug tests within twelve months following returnto duty in accordance with the following schedule: July, 2009 August, 2009 September, 2009 November, 2009 December, 2009 January, 2010
e. On or about June 29,2009, Mr. Velasquez was administered a return-to-duty test that was verified negative onJuly 1, 2009.

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### f. On or aboutJuly 25, 2009, Mr. Velasquez was administered a drug test, marked
as random on the MRO report, designated "1st test", and verified negative on July 28, 2009. g. On or about December 3, 2009, Mr. Velasquez was administered a drug test, marked as random onthe MRO report, designated "Employee test#2", and verified negative onDecember 7, 2009. h. JettPro failed to direct a collectionunder direct observation ofMr. Velasquez for the above referenced second follow-up test. i. On or about December 28,2009, Mr. Velasquez was administered a drug test marked as random onthe MRO report, designated "RTS Random#3", and verified negative onDecember 30, 2009. 

### j. JettPro failed to direct a collectionunder direct observation ofMr. Velasquez during the above-referenced third follow-up test. k. On or aboutNovember 29,2010, Mr. Velasquez was administered a follow-up drug test, designated "Test#4", and verified negative onDecember 1, 2010. 

### l. On or about December 7, 2010, Mr. Velasquez was administered a follow-up drug test, designated "#5", and verified negative on December 10,2010.
m. On or about December 20,2010, Mr. Velasquez was administered a follow-up drug test, designated "#6", and verified negative onDecember 22,2010.
n. Contraryto the SAP's testing plan, onor about August, 25, 2009, Mr. Velasquez was administered an alcohol follow-up test, designated "1st test Alcohol Test".

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### o. Contraryto the SAP's follow-up testing plan on or aboutNovember 29,2010, December 7, 2010, and December 20, 2010, Mr. Velasquez was administered follow-up drug tests-allbeyond the first twelve months after being returned to duty. p. Consequently, contrary to 49 C.P.R. § 40.307(d), the number and frequency of Mr.Velasquez's follow-up testing did not comply with the drug-testing schedule determined by Jett Pro's "SAP" or Certified Aviation Services' SAP, and did not consist ofat least six tests inthe first twelve months following Mr. Velasquez's return to duty. q. On or about May 8, 2009, Mr. Velasquez performed a safety-sensitive function in that he performed maintenance on civil aircraft N625CA, an aircraft operated by ComAir, an air 

### carrier with an air carrier operating certificate issued under Part 119 ofthe Federal Aviation Regulations (FAR) and appropriate operations specifications, issued under Part 135 ofthe FAR (14 C.P.R. parts 119 and 135).
r. On or about November 9, 2010, Mr. Velasquez performed a safety-sensitive function in that he performed maintenance on the AFT Portable 02 Bottle for civil aircraft N642RW, an aircraft operated by Shuttle America, an air carrier with an air carrier operating certificate issued under Part 119 ofthe Federal Aviation Regulations (FAR) and appropriate operations specifications, issued under Part 121 ofthe FAR (14 C.P.R. parts 119 and 121).
s. On or about January 18, 2011, Mr. Velasquez performed a safety-sensitive function in that he performed maintenance on the internal cabin WIFI system removed and replaced on civil aircraft N347NW, an aircraft operated by Delta Air Lines, an air carrier with an air carrier operating certificate issued under Part 119 of the Federal



### 4Aviation Regulations (FAR) and appropriate operations specifications, issued under Part 121 ofthe FAR (14 C.F.R. parts 119 and 121). t. On or about January 19, 2011, Mr. Velasquez performed a safety-sensitive function in that he performed maintenance on the internal cabin WIFI system on civil aircraft Nl26AT, an aircraft operated by AirTran Airways, Inc., an air carrier with an air carrier operating certificate issued under Part 119 ofthe FAR and appropriate operations specifications, issued under Part 121 ofthe FAR (14 C.F.R. parts 119 and 121).

4. Withregard to employee Paul Downey:
a. On or about February 24,2010, Jett Pro hired Mr. Downeyto perform maintenance and preventive maintenance duties. b. Mr. Downey, a SeniorLine Technician, performedmaintenance and preventive maintenance duties on parts and/or components installed on aircraft used in operations conducted under 14 C.F.R. part 121.
c. Priorto employment by Jett Pro, Mr. Downey was employedbyUSA Jet Airlines, Inc, holder ofAir Agency CertiftcateNo. Y2PR154Y, dbaActive Aero Services. ("Active Aero"). d. USA Jet Airlines is an air carrier with an air carrier operating certificate issued underpart 119 ofthe FARand appropriate operations specifications, issued under parts 121 and 135 ofthe FAR (14 C.F.R. parts 119, 121, and 135).

5e. A records check conductedby Jett Pro directedto USAJet Airlines revealed that on or about May 8, 2008, Mr. Downey's random drug testresults were verified positive for the presence ofdrugs. f. On or aboutMay 12, 2008, while still employed by USA JetAirlines, Mr. Downey completed his initial SAP substance abuse assessment. The SAP's recommendationrequired follow-up drug and alcohol tests twice each month for six months, followed by a drug and an alcohol test each month for 18 months, followed by a drug and an alcohol test each quarter for the following 24 months. g. Mr. Downey completed five ofthe six months oftwice-monthly testing for drugs and alcohol recommendedbythe SAP before USA Jet Airlines terminated his employment onAugust 11, 2009. h. Priorto his termination at Active Aero, Mr. Downey completed five ofthe eighteen once-monthly drug and alcohol tests recommendedbythe SAP. i. At the time Jett Pro hired Mr. Downey, Mr. Downey was still required to compete thirteen drug and alcohol tests administered eachmonth and eight drug and alcohol tests administered each quarter in accordance with the SAP's testing plan. 

### j. JettPro failed to complete the follow-up testing plan recommended by the SAP after Jett Pro hired Mr. Downey. 

### k. Jett Pro did notbegin administering to Mr. Downey follow-up drug and alcohol testing until August 5, 2010, five months after Jett pro hired Mr. Downey. 

### I. On or about March 12, 2010, Mr. Downeyperformed a safety-sensitive function inthat he performedmaintenance on civil aircraft N625CA, an aircraft operated by Comair, an air carrier with an air carrier operating certificate issued under part 119 ofthe

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### FARand appropriate operations specifications, issued under part 121 ofthe FAR (14 C.F.F. parts 119 and 121).
m. Contrary to the SAP's testing plan, Mr. Downey was not administered drug and alcohol follow-up testing in March, 2010, April, 2010, May, 2010, June, 2010, or July, 2010.
n. Contraryto the SAP's testing plan, during the time Mr. Downing was required to be administered monthly follow-up drug and alcohol tests, twice during the same month (September 14,2010, and September 28, 2010), 

### Mr. Downing was administered follow-up drug and alcohol tests.
o. Contraryto the SAP's testing plan, Jett Pro failed to administer to Mr. Downing follow-up drug and alcohol tests inNovember, 2010. p. 

### Mr. Downing was administered a follow-up drug and alcohol test onDecember 13,2010. q. All ofthe follow-up tests identified inparagraphs 4k, 4n, and 4p above were initiated by Mr. Downey and not by Jett Pro.
r. On or about October 20, 2010, Mr. Downeyperformed safety-sensitive functions whenhe performed maintenance oncivil aircraftN601AW, an aircraft operated by US Airways, an air carrier with an air carrier operating certificate issued underpart 119 ofthe FAR and appropriate operations specifications, issued under part 121 ofthe FAR (14 C.F.R. parts 119 and 121).
s. On or about December 15, 1010, Mr. Downeyperformed safety-sensitive functions whenheperformed maintenance on civil aircraft N562RP, an aircraft operated by ChautauquaAirlines, an air carrier with an air carrier operating certificate issued

7underpart 119 ofthe FAR and appropriate operations specifications, issued underpart 121 ofthe FAR (14 C.F.R. parts 119 and 121). t. On or about January 18, 2011, Mr. Downeyperformed safety-sensitive functions whenhe performedmaintenance on civil aircraftN592AA, an aircraft operated by American Airlines, an air carrier with an air carrier operating certificate issued under part 119 ofthe FAR and appropriate operations specifications, issued under part 121 of the FAR (14 C.F.R. Parts 119 and 121).

5. Withregard to employee SeanPonce:
a. On or about AprilS, 2010, SeanPonce was administered a Non-DOT preemploymenttest andJett Pro received a verified negative result. b. On or about April6, 2010, Jett Pro hired Mr. Ponceto performthe safetysensitive duties ofa Senior Line Maintenance Technician.
c. Atthetime Jett Pro hired Mr. Ponce, Jett Pro had not conducted a DOTpreemploymenttest on Mr. Ponce. d. At the time Jett Pro hired Mr. Ponce, Jett Pro had notreceived a DOT preemployment verified negative drug testresult for Mr. Ponce.
e. On or about April12, 2010, Mr. Ponce performed a safety-sensitive function in that he performedmaintenance on a civil aircraft identified as AircraftNo. 4631, an aircraft operatedbyUnited Airlines, an air carrier with an air carrier operating certificate issued underPart 119 ofthe FARand appropriate operations specifications, issuedunder Part 121 ofthe FAR (14 C.F.R. Parts 119 and 135.)

8f. On or aboutApril12, 2010, Mr. Ponce was administered a DOT preemploymenttest that was verified negative on Aprill3, 2010.

6. Withregard to employee Wilson Guerrero:
a. On or about October 7, 2009, Mr. Guerrero, an aircraft maintenance technician,
was added to Jett Pro's random pool and available to perform safety-sensitive functions. b. Pursuantto 49 C.F.R. 

### §40.25(j), Jett Pro did not askMr.Guerrero whether he refusedpre-employment drug or alcohol testing, orwhether hetested positive on any preemployment drug or alcohol test for applicationto safety-sensitive transportation work coveredby DOT testing rules.
c. On orabout September 8, 2009, Mr. Guerrero completed a consent form permitting U.S. Airways Express, his former employer, to release to Jett Pro confidential drug/alcohol testing information as part ofa record check. d. The above-referenced form included Mr. Guerrero's response to the question required by 49 C.F.R. § 40.25(j), asking ifhe received a verified positive, adulterated or substituted DOT drug/alcohol test result.
e. Jett Pro released the above-referenced form with the referenced medical informationidentified inparagraph 6d above to U.S. Airways Express withoutMr. Guerrero's specific writtenconsent.

97. Withregardto employee Jolm Freuler:
a. Mr. Freuler handled support equipment and ground service equipmentused to
access aircraft and support aircraft repair and was not a covered employee subjectto drug and alcohol testing in accordance with 14 C.F.R §§ 120.105 and 120.215. b. On or about January 6, 2011, Mr. Freulerwas added to Jett Pro's random drug and alcohol pool.


### 8. Withregard to employee Charles Hass:
a. Mr. Haas washed the exterior surfaces ofcommercial aircraft with water and
was not a covered employee subject to drug and alcohol testing in accordance with 14 C.F.R §§ 120.105 and 120.215. b. On or about January 6, 2011, Mr. Haas was addedto JettPro's random drug and alcohol pool. 

### III. 1. By reason ofthe foregoing, Jett Pro violated the following Federal Aviation Regulations: a.l4 C.F.R. § 120.5 inthatit failed to complywith 49 C.F.R. § 40.309(a), when JettPro failed to carry outthe SAP's follow-up testing requirements. Moreover, Jett Pro allowedtwo employees to continue to perform safety-sensitive functions when follow-up testinghadnotbeen conducted as directed bythe SAP.

10b. 14 C.F.R. 

### § 120.109(a)(1) inthat Jett Pro hired an individual for a safetysensitive function listed in 14. C.F.R. §120.105 when Jett Pro had not first conducted a pre-employmenttest andreceived a verified negative drug test result for that individual.

c. 14 C.F.R. §120.5, inthatit failed to comply with 49 C.F.R. §40.25(j), when Jett Pro failed to conduct DOT-regulated pre-employment drug and alcohol records checks on all employees bynot asking an employee whether he hadtested positive, or refused to test, on anypre-employment drug or alcohol test administeredby an employer to which the employee applied for, but did not obtain, safety-sensitive transportation workcovered by DOT agency drug and alcohol testing rules during the pasttwo years. d. 14 C.F.R. § 120.5 inthat itfailed to comply with49 C.F.R. § 40.347(b)(2), when Jett Pro allowed employees not coveredby DOT agencyregulations to be part of the same randompool with DOT covered employees.

e. 14 C.F.R. § 120.5 inthat itfailed to comply with49 C.F.R. § 40.321, when Jett Pro released individual test results ormedical information about an employee to third parties without the employee's specific written consent. 

### f. 14 C.F.R. 

### § 120.5 inthat it failed to comply with 49 C.F.R. §40.67(b), when Jett Pro failed to direct a collectionunder direct observation ofan employee whenthe drug test was a return-to-duty test or a follow-up test.

2. Underthe facts and circumstances ofthis case, a civil penaltyinthe amount of $107,600 is appropriate.

11WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative LawJudge enter an orderthat Respondent be assessed a civil penalty inthe amount of $107,600.

Datedthis 4th day ofFebruary, 2014.

Peter J. Lynch Assistant ChiefCounsel

utumn Killingham EnforcementDivision Office ofthe ChiefCounsel (202) 267-7728
PLEASE NOTE: Pursuantto Title 14 C.F.R. 

### § 13.209( a), you are required to file a written answer to this Complaint, or a written Motion to Dismiss ifappropriate, not later than thirty (30) days after the date shown onthe Certificate ofService which follows.

12CERTIFICATE OF SERVICE I hereby certifY that the foregoing Complaint, inthe Matter ofJett Pro Line Maintenance, FAA Case No. 2011WP910076, has been mailed this date by CertifiedMail, Return Receipt Requested, to: SamNugud President JettPro Line Maintenance 8517 Earhart Road, Suite 210 Oakland, CA 94621 The original and a copy was also personally delivered to: Hearing Docket (Original and 1 copy) Federal Aviation Administration 600 Independence Avenue, S.W. Room 2Wl000-AGC-430 Washington, DC 20591

# Brit~ 

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