### In The Matter Of: CLELIA AYALA Respondent 

## SERVED: MAY 8, 2014



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### DocketNo. FAA-2012-0910 Case No. 201080290061

NOTICE OF REFERRAL TO FAA ADMINISTRATOR

FORCONSIDERATION AS A NOTICE OF APPEAL On August 28, 2013 an Order Denying Respondent's Motionto Withhold or Redact Information from the Record was filed.
On September 18, 2013, an Order Dismissing Proceeding was filed. Among otherthings, this Order noted that neither party had requested interlocutory review ofthe August 28, 2013 Order. The September 18,2013 Order also accepted the parties' settlement and dismissed the proceeding with prejudice. Approximately two months later, onNovember 13, 2013, the

### prose Respondent, Clelia Ayala ("Ms. Ayala"), called the Office ofHearings attorney-staff("OH") and left a telephone message asking about her case. Later that same day onNovember 13, 2014, the OH returned Ms. Ayala's call and left a telephone message, offering to answer her questions anytime that week. Ms. Ayala did notrespond. Approximately two months later, onJanuary 24, 2014, Ms. Ayala again calledthe OH and a telephone message asking about her case. Later that same day, the OH returned Ms. Ayala's call and spoke with her about her case. Ms. Ayala requested information onhow she could have her case information removed from the internet. The OH explained to Ms. Ayalathat her case was closed, and directed her to the August 28,2013 and September 18,2013 Orders for further information.

### Approximately two months later, on April1, 2014, Ms. Ayala againtelephoned the OH, asking how she could remove her case information from the internet. The OH explained to Ms. Ayalathat he could not give her legal advice on how to proceed. Ms. Ayalathen asked the OH to ask the Judge to speak directly with her. The OH agreed to relay the message. The next day,
on April2, 2014, the OH telephoned Ms. Ayala and explained that ifMs. Ayalawantedto communicate directly with the Judge, she needed to send the Judge

# aletter regarding her issue. Approximately one month later, on May 5, 2014, Ms. Ayala filed a letter (dated April 30, 2014) with the Office ofHearings addressed to the Judge.
Pursuant to 14 C.F.R. 

### § 13.233 and 

### In re Gerald W Keller, FAA OrderNo. 2011-2 (Jan. 11, 2011), Ms. Ayala's April30, 2014letter (original attached) is hereby referred and forwarded to the FAA Administrator for consideration as a Notice ofAppeal.

Attachment: Service List Ms. Ayala's April30, 2014 Letter

' ' '

Page 2 of2CLELIA AYALA 1525 Newton StNW Washington DC 20010 E-mail: ayalaclelia@gmail.com TEL: 305-588-9397

Judge J.E. Sullivan USAdministrativeLaw Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Eil-31 0) Washington, DC 20590 TEL: 202-366-2142 FAX: 202-366-7536 DearJudge Sullivan,

### ZGl~**t~AY** 

### -5 P 2: 00

April 30, 2014

Subject: DOCKET NO. FAA-2012-0910 (FAA CASE NO. 2010S0290061) Your honor, I respectfully request that this matter be expunged from the public record. As a consequence ofmaintaining the record online, I have experienced very significantharm. Myjob applications have been denied and I have become homeless, forced to live in shelter placements. When my name and identity is searched or googled through any search engine by a company's humanresources department orhiring agency, the first line found is FAA.:.2012-0910-0005- Clelia Ayala- Draft Joint Section. My understanding is that everyone has the right to request thattheir record be expunged. I was not arrested inthis case and I am not in the records ofthe DC Superior Court. The attorney working onmybehalf, a professional who assists homeless individuals such as me, inquired at the Courtbutwas toldby an employee that my case disposition could not be located. Fromthere, I was sent to the DC Barbut again was toldthat they cannot find my name ormy case, and that they could nothelp me because my case was not a federal one. I am a woman with a disability, which on its own makes it difficult for me to live anindependent life. I am trying to make the most ofmy life, but in orderto do that I desperately needto remove the online publication ofmyrecord. And for this, Judge Sullivan, I am asking most sincerely for yourhelp. Ifl may offer you some ofthe facts ofthe case, it might be helpful for you in your decision. It is not in the public interest thatthis matterbe left open for all to see. Although I agreed to pay a fine and not contestthe dispute, the facts were not as Complainant has argued. The event took place on an airplane,justprior to takeoff. I did not do what was alleged. In fact, Iwas injured by the crew member when he grabbed my phone' from me and then threw it back at me. This was after assisting the airline by agreeing to board a different flight to help with their overcrowding. However, I recognized that fighting the charges was useless and as I said above Ijustpaid the fine.As the FAA has pointed out in its opposition, the regulations allow the Judge to decide that the matter should be sealed ifthe information is not otherwise required to be made available to the public. Underthe circumstances, given that I was injured by the airline after doing them a favor, and that Ipaidthe fine regardless, Ido not believe thatthe record ofthis incident is required to be made available to the public. Ifthe record is made public, I request that my name be withheld. Again, thank you for any help you may give in my request. It could make such a great difference in my life. Sincerely,

Clelia AyalaSERVICE LIST- BYU.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing DocketClerk, AGC-430, Wilbur Wright Building-Suite2W1000 1



### Mr. William P. Vines 

### Complainant's Counsel Office ofthe Regional Counsel, ASO-7 Southern Region Federal AviationAdministration P.O. Box20636 Atlanta, GA 30320 TEL: 404-305-5200 FAX: 404-305-5223 Ms. CleliaAyala 

### Respondent 1525 Newton St. NW Washington, DC 20010 TEL: 305-588-9397
Judge J.E. Sullivan 

### US. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY FDMS NO. FAA-2012-0910 (Civil PenaltyAction)

1 For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 IndependenceAvenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.