MaxA. Hansen MaxA. Hansen &Associates, P.C. 8 South Idaho Street, Suite A 

# RECEIVED
P.O. Box 1301 Dillon, MT 59725 Telephone: (406) 683-4301 Facsimile: (406) 683-4304

In the Matter of: Alpine Aviation, Inc. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. 

## DEC 082014 

## HEARING DOCKET

FAA Case No. 2014WP910070 OMS No. Not assigned Judge: Richard C. Goodwin

ANSWERTO COMPLAINT Alpine Aviation, Inc. ("Alpine"), by its counsel, hereby files its Answer to Complaint and states as follows: 1. Alpine admits the allegations contained in Part I and paragraphs 1through 3 of Part II ofthe Complaint. 2. Alpine denies the allegations in Paragraph 4 of Part II and affirmatively alleges that Alpine contracted with Butte Aviation to perform safety-sensitive duties believing the representations of Butte Aviation that its employee Mr. Spath was enrolled in an FAA/DOTAntidrug and Alcohol Misuse Prevention Program. 3. Alpine admits the allegations contained in Paragraphs 5through 10 of Part II. 4. Alpine admits the allegations contained in Paragraphs 11 through 13 of Part II but affirmatively alleges that Mr. Merrill was denied employment by Alpine based upon the verified positive drug test and did not realize that it had a responsibility to notify Mr. Merrill with a listing of Substance Abuse Professionals. Moreover, due to Mr. Merrill's transient living arrangements, Alpine did not know of his location or any SubstanceAbuse Professionals in his area. 5. Alpine denies the allegations in Part Ill ofthe Complaint, specifically Paragraphs 1a, band c.6. Alpine denies the allegations in Paragraphs 2 and 3 of Part Ill and affirmatively alleges that the proposed civil penalty is unconscionable and does not conform with the schedule of proposed civil penalties. 7. Alpine furtherdeniesthe allegations not specifically denied herein. WHEREFORE Alpine respectfully requests this tribunal determine there is no liability on the part of Alpine for any penalty or that in lieu thereof this tribunal assess a penalty that conforms with the schedule of proposed civil penalties. Respectfully submitted this 2nd day of December, 2014.
MaxA. Hansen &Associates, P.C. 

## sy· 

# 1!1**n..o~rW~.,.u..t->·-- .M~F**  AttorneyforAlpine Aviation, Inc.CERTIFICATE OF SERVICE I hereby certify that the Answer to the Complaint has been served via e-mail and facsimile this £i.--dayof December, 2014 to thefollowing: Jeffrey M. Harper FAA Office of Regional Counsel 1601 Lind Avenue Southwest Renton, WA98057 E-mail: jeffrey.harper@faa.gov
The Honorable Richard C. Goodwin, Administrative LawJudge Office of Hearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590 Facsimile: (202) 366-7536 Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2W1000 Federal Aviation Administration 800 IndependenceAvenue SW Washington, DC 20591 Facsimile: (202) 493-5142


### .C. By:

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## MaxA. Hansen &

## Associates, P.C.

MaxA. Hansen* *Admitted in Montana, California, Utah & Idaho Cell: (406) 660-1031 max@irc1031x.com www.maxattorney.com Joseph D. Fairbank *Admitted in Montana joe@irc1031x.com

December2, 2014 ATTORNEYSAND COUNSELORS

Attn: Hearing Docket Clerk, AGC-430 WilburWright Building- Suite 2W1000 Federal Aviation Administration 800 IndependenceAvenue SW Washington, DC 20591 Post Office Box 1301 8South Idaho, SuiteA Dillon, Montana59725-1301 Office: (406) 683-4301

Fax: (406) 683-4304



## HEARING DOCKET

RE: FAACase No. 2014WP910070-Inthe MatterofAlpine Aviation, Inc. To Whom It MayConcern: Enclosed please find the Answer to Complaint in regards to the above referenced matter. Please file the same. You may contact me with any questions or concerns. Thank you. Sincerely,

Max

### A. Hansen MAH/ms Enc. cc: Jeffrey M. Harper Honorable Richard C. Goodwin Alpine Aviation, Inc.