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 2I 2015 HEARING DOCKET

FAA Case No.: 2015-WA-91-0066 Enclosedherewith please find a copy ofa request for hearing and the original and one copy of the Complaint inthe above-referenced proceeding. The FAArequests that the hearing inthis matter be held in Denver, Colorado, and expects that the hearing will last two days. Please address all communications for the FAAto 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,

BrianaMartino AttorneyCERTIFICATE OF SERVICE
I hereby certifythat I have, this date, served the foregoing Complaintbymailing the following copies, Certified Mail (Return Receipt Requested): Origiual and I Copy:

One Copy: HearingDocket Federal Aviation Administration 800 Independence Avenue, S. W. Washington, DC 20591 Atrn: Hearing Docket Clerk AGC-430, Wilber Wright Building Suite 2W1000
Brian J. Lawler 1551 9'b Avenue San Diego, CA 92101U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF Michelle Kraemer FAA DOCKETNO. (not assigned) (Civil Penalty Action) DMS NO. (not assigned) FAA CASENO. 2015-WA-91-0066
COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. Facts 1. Respondent now holds, and at all relevant times held, FlightAttendant Certificate Number 3281461. 2. At all relevanttimes, Respondent was employed by Republic Airlines (Republic), a Part 119 certificate holder authorized to operate under Part 121 ofthe Federal Aviation Regulations. 3. At all relevant times, Republic was the holder ofAir Carrier Certificate Number R61A758X. 4. At all relevant times, Republic had an Anti-drug and Alcohol Misuse Prevention Program inplace 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 ofRepublic's Policy. 7. OnJanuary 16, 2015, Respondentwas assignedto serve as a Flight Attendant (FA) oncivil aircraftN508LX, on the following flights:

### a. FlightNo. 4926 from Denver International Airport (DEN) to Eagle County Regional Airport (EGE); b. FlightNo. 4946 from EGE to DEN; c. FlightNo. 4946 from DEN to Wichita Dwight D. EisenhowerNational Airport (ICT); d. FlightNo. 4869 from ICT to DEN. 8. Republic is authorized to operate the above aircraft, N508LX, inPart 121 air

. . 

### earner serv1ce. 9. On January 16, 2015, Respondentreported for duty to perform safety-sensitive functions, acting as a FA. 10. Respondent performed safety-sensitive functions as a FA on all four ofthe above mentioned flights. 11. During the final flight from ICT to DEN (the flight), Respondent made an announcementthat was incoherent, inappropriate, and slurred. 12. Concerned about your behavior, the Captain spoke to Respondent over the intercom and Respondent stated that Respondent was "backhere 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, whenN508LX 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. Brickellboarded the aircraft and began a conversation withRespondent. 18. Mr. Brickell observed Respondent's lack ofbalance and slurred speech and could also smell the odor ofalcohol onRespondent's breath. 19. While still onboard the aircraft, Mr. Brickell contacted Republic's Designated Employee Representative Terri Skowronek onhis mobile phone and Ms. Skowronek requested to speakto 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 thatthere was causeto require a DOT reasonable suspicion alcohol testbe performed on Respondent. 22. Both Mr. Brickell andMs. Skowronekwere trained to make reasonable suspicion and cause determinations. 23. Mr. Brickell escorted Respondentto 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 notedthat she could smell the odor ofalcohol, that Respondent's gait was uneven, andthat Respondent had begunto 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. Theresults ofthattest indicated an alcohol concentration of.123 percent. 28. Afterthe initial test, the BAT advised Respondent that a confirmationtest wouldbe taken in 15 minutes, that Respondent was to remain intheroomwiththe BAT, and thatRespondent should not eat, drink, orbelch. 29. Duringthe 15 minute waitperiod, the BAT observed Respondent "gurgling" or "suppressing a belch" andreminded Respondentnotto eat, drink, orbelch. 30. Respondent then submitted to a confirmation test andthe results indicated alcohol concentration of.211 percent at 1856 MST. 31. Byreason ofthe facts and circumstances set forth above, Respondentreported for duty and acted as a crewmember, which requires theperformance ofsafety-sensitive functions, whenRespondenthad a breath alcohol concentration of.04 or greater. II. Sanction Byreason ofthe foregoing facts and circumstances, Respondent violated Section 120.37(n) ofthe Federal Aviation Regulations. Pursuantto Title 49 ofthe United States Code, Section 46301 (49 U.S.C. §46301), Respondentis subjectto a civil penaltynotto exceed $11,000 for each violation alleged. Under the facts and circumstances ofthis 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 13 1 h day ofJuly, 2015.

BrianaMartino 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) 294-7498CERTIFICATE OF SERVICE I hereby certify thatthe foregoing Complainthas 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

BrianJ. Lawler 1551 9th Avenue San Diego, CA 92101

Dated this 13th day ofJuly, 2015

Yol a Quiles Lega) echnician FAA, Great Lakes Region

## PILOT LAW, P.C.

July 7, 2015 

### VIA US. MAIL HearingDocket, FederalAviationAdministration 800 IndependenceAve. S.W. Washington, DC 20591 Attn: HearingDocket Clerk AGC-430 WilberWright Building Suite 2Wl000 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. BrianaMartino, Esq. FAAOffice ofRegional Counsel 2300 E. DevonAve. (AGL-7, Room 479) Des Plaines, IL 60018

1551 9TH AVENUE • SAN DIEGO, CA • 92101

PHONE: 866.512.2465 • FAX: 619.231.4984