U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 13, 2015 

In Reply 

Refer to: AGL-7M 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

E briana.martino@faa.gov 

p (847) 294-7313 

F {847) 294-7498 

CERTIFIED RECEIVED 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl000 

Re: Michelle Kraemer 

JUL 2 I 2015 

HEARING DOCKET 

FAA Case No.: 2015-WA-91-0066 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in Denver, Colorado, and expects that 

the hearing will last two days. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Regional Counsel (AGL-7) 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Encl: Request for Hearing 

Complaint 

cc: Brian J. Lawler 

1551 9th Avenue 

San Diego, CA 92101 

Sincerely, 

Briana Martino 

Attorney 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing Complaint by mailing the following copies, 

Certified Mail (Return Receipt Requested): 

Origiual and I Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Atrn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1 000 

Brian J. Lawler 

1551 9'b Avenue 

San Diego, CA 92101 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

Michelle Kraemer 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

DMS NO. (not assigned) 

FAA CASE NO. 2015-WA-91-0066 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. Facts 

1. Respondent now holds, and at all relevant times held, Flight Attendant Certificate 

Number 3281461. 

2. At all relevant times, Respondent was employed by Republic Airlines (Republic), 

a Part 119 certificate holder authorized to operate under Part 121 of the Federal 

Aviation Regulations. 

3. At all relevant times, Republic was the holder of Air Carrier Certificate Number 

R61A758X. 

4. At all relevant times, Republic had an Anti-drug and Alcohol Misuse Prevention 

Program in place in accordance with 14 C.F.R. Part 120. (Republic's Policy) 

5. An employee performing flight crewmember duties for Republic performs a safetysensitive function and is a covered employee subject to testing pursuant to 14 C.F.R. 

Part 120 and Republic's Policy. 

6. On or about February 14, 2011, Respondent acknowledged receipt and 

understanding of Republic's Policy. 

7. On January 16, 2015, Respondent was assigned to serve as a Flight Attendant (FA) 

on civil aircraft N 508LX, on the following flights: 
a. Flight No. 4926 from Denver International Airport (DEN) to Eagle 

County Regional Airport (EGE); 

b. Flight No. 4946 from EGE to DEN; 

c. Flight No. 4946 from DEN to Wichita Dwight D. Eisenhower National 

Airport (ICT); 

d. Flight No. 4869 from ICT to DEN. 

8. Republic is authorized to operate the above aircraft, N508LX, in Part 121 air . . earner serv1ce. 

9. On January 16, 2015, Respondent reported for duty to perform safety-sensitive 

functions, acting as a FA. 

10. Respondent performed safety-sensitive functions as a FA on all four of the above 

mentioned flights. 

11. During the final flight from ICT to DEN (the flight), Respondent made an 

announcement that was incoherent, inappropriate, and slurred. 

12. Concerned about your behavior, the Captain spoke to Respondent over the 

intercom and Respondent stated that Respondent was "back here partying and 

having fun" with Respondent's passengers. 

13. When asked about Respondent's behavior, the other Flight Attendant onboard 

N508LX reported to the Captain that Respondent was having trouble maintaining 

Respondent's balance and making coherent armouncements. 

14. Respondent then also allowed a passenger to make a public announcement. 

15. The Captain notified Republic about Respondent's behavior. 

16. At 1755 MST, when N508LX arrived at DEN, Base Manager and Inflight 

Services Supervisor James Brickell met the Captain at the gate and the Captain 

notified Mr. Brickell about Respondent's behavior. 

17. Mr. Brickell boarded the aircraft and began a conversation with Respondent. 

18. Mr. Brickell observed Respondent's lack of balance and slurred speech and could 

also smell the odor of alcohol on Respondent's breath. 

19. While still onboard the aircraft, Mr. Brickell contacted Republic's Designated 

Employee Representative Terri Skowronek on his mobile phone and Ms. 

Skowronek requested to speak to Respondent on speakerphone. 

20. As Respondent denied that Respondent had been drinking, on speakerphone, Ms. 

Skowronek heard Respondent slur her words. 
21. Mr. Brickell and Ms. Skowronek agreed that there was cause to require a DOT 

reasonable suspicion alcohol test be performed on Respondent. 

22. Both Mr. Brickell and Ms. Skowronek were trained to make reasonable suspicion 

and cause determinations. 

23. Mr. Brickell escorted Respondent to his office to await testing. 

24. At 1835 MST, the Collector/Breath Alcohol Technician (BAT) arrived at Mr. 

Brickell's office. 

25. After arriving in Mr. Brickell's office, the BAT noted that she could smell the 

odor of alcohol, that Respondent's gait was uneven, and that Respondent had 

begun to urinate. 

26. Respondent submitted to a Breath Alcohol Test conducted by a certified BAT, 

utilizing Intoximeter RBI IV/Alco Sensor IV EBT device, serial number 009350, 

at 1839 MST on January 16, 2015. 

27. The results of that test indicated an alcohol concentration of .123 percent. 

28. After the initial test, the BAT advised Respondent that a confirmation test would be 

taken in 15 minutes, that Respondent was to remain in the room with the BAT, and 

that Respondent should not eat, drink, or belch. 

29. During the 15 minute wait period, the BAT observed Respondent "gurgling" or 

"suppressing a belch" and reminded Respondent not to eat, drink, or belch. 

30. Respondent then submitted to a confirmation test and the results indicated alcohol 

concentration of .211 percent at 1856 MST. 

31. By reason of the facts and circumstances set forth above, Respondent reported for 

duty and acted as a crewmember, which requires the performance of safety-sensitive 

functions, when Respondent had a breath alcohol concentration of .04 or greater. 

II. Sanction 

By reason of the foregoing facts and circumstances, Respondent violated Section 

120.37(n) of the Federal Aviation Regulations. Pursuant to Title 49 of the United States Code, 

Section 46301 (49 U.S.C. §46301), Respondent is subject to a civil penalty not to exceed 

$11,000 for each violation alleged. Under the facts and circumstances of this 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 penalty in the amount of $11,000. 

Respectfully submitted this 131

h day of July, 2015. 

Briana Martino 

Attorney, AGL-7M 

Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

E: briana.martino@faa.gov 

P: (847) 294-7313 

F: (847) 294-7498 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Original and One Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2WIOOO 

Brian J. Lawler 

1551 9th Avenue 

San Diego, CA 92101 

Dated this 13th day of July, 2015 

Yol a Quiles 

Lega) echnician 

FAA, Great Lakes Region 
PILOT LAW, P.C. 

July 7, 2015 

VIA US. MAIL 

Hearing Docket, Federal Aviation Administration 

800 Independence Ave. S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430 

Wilber Wright Building 

Suite 2Wl 000 

Re: Michelle Kraemer 

AGL-7M 2015 WA-91-0066 

Dear Docket Clerk, 

Brian J. Lawler 

Attomey 

Direct: 619.255.2398 

blawler@pilodawcorp.com 

Please be advised that the undersigned represents Ms. Michelle Kraemer regarding the. 

above-referenced Final Notice of Proposed Civil Penalty. Pursuant to 14 C.F.R. § 13.16, 

please accept this letter as Mr. Kraemer's request for a formal hearing. 

Kindly address all correspondence relating to this matter to the undersigned. Thank 

you in advance for your cooperation. 

Best Regards, 

%~- Brian J. Lawler, Esq. 

Cc: Ms. Briana Martino, Esq. 

FAA Office of Regional Counsel 

2300 E. Devon Ave. 

(AGL-7, Room 479) 

Des Plaines, IL 60018 

1551 9TH AVENUE • SAN DIEGO, CA • 92101 

PHONE: 866.512.2465 • FAX: 619.231.4984