12/08/2010 14:42 FAX 2024935142 FAA * DMS glOOI/OOT 

Michael Selig, MD, FACC. 

2816 0refield Road 

Allentown, PA. 18104 

^wmoF 

•c~ s 

- 2:k 5 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Federal Aviation Administration 

LC-JTO ror'o , >.a:onya Vvijlioms 

Complainants 

M & R Helicopters, LLC. 

Respondent 

FAA Case: No: 2009SO950434 

RESPONDENT'S MOTION TO STRIKE ALLEGATION^ 

MR BAKER WAS NOT ON A DRUG/ALCOHOL PROGRAM 

AND NOW, comes respondent, MICHAEL B. SELIG, MD, FACC, 

principle for MR Helicopters, LLC, (MRH), (no longer existing) whom avers and 

files the following MOTION to Strike the Allegation claimed bv Ms Lo+c-vc: 

Williams that Mr Baker was not on an approved Drug/Alcohol program during 

the stated period. 

1. On July 21, 2009, FAA Officers, Latonya Williams and Kimmy Poon 

appeared for an inspection of the drug and alcohol abatement records at the 

prior office of MR Helicopters, LLC. 

2. On July 23, 2009, FAA Officer, Latonya Williams returned alone for the 

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second inspection visit of the MRH. 

3, Ms Williams assumed that mechanic Edward Baker was not covered 

under any FAA-Mandated drug/alcohol testing program therein sole premise for 

her sanctioning respondent. 

' 4. On August 14, 2009, Ms Williams's letter informed MRH that the above 

violations were under investigation. 

5. The CiiegeQ violation for Mr Baker according to Ms Williams Inspector 

Statement lOP 9 record, was due to her inability to validate FAA approved drug 

and alcohol testing program information for Flight Methods. Mr Baker vv/as not 

employed by Flight Methods, but by Air Methods Corporation. 

6. Mr Baker has always been employed since 1996 by the regions University 

Medevac Hospital service and always without interruption, was on a drug and 

alcohol program. Evidence submitted confirms that Mr Baker was under a 

monitoring program by ERA Med from May 1,2006- November 4, 2007(Exhibit 1) 

He then became employed by Air Methods Corporation, from November 5, 2010 

to the present [Exhibit 2), when he come onto Iheir drug/alcohol program. 

Additionally, Mr Baker was concurrently on the National Guard drug/alcohol 

program in his capacity as a National Guard A&P and Helicopter pilot. 

7. Ms Williams was given this evidence, but selected not to pursue primary 

source verification and/or confirmation of these facts pursuant to §13.224, 

wherein the burden of proof is on the agency, not respondent. 

8. Ms Williams did investigate the other mechanic/lA doing safety sensitive 

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functions on MRH aircraft and she confirmed that the information given was 

correct as stated and withdrew all violations on that behalf, accordingly. 

9. Ms Williams did not follow the same process she did for the 

mechanic/IA, for Mr Baker, therefore, insufficiently meeting the spirit of § 13.224, 

wherein the burden of proof is on the agency, not respondent. Had Ms Williams 

followed through sho would have arrived at the same conclusion and no violation 

wouia have been found. 

10. Ms Williams erred and therefore all violations should be dropped. 

WHEREFORE, the respondent prays that this Honorable Court will find the 

allegation that Mr Baker was not on a Drug/Alcohol monitoring program during 

his performance of safety sensitive functions on the MRH aircraft was flawed, an 

incorrect fundamental fact and thereby be stricken based on the submitted 

evidence, in addition, the case must be Quashed and STRICKEN due to 

insufficiency. 

Respectfully Submitted, 

Michael B. Selig, MD, FACC. 

Date 1^"'^C ~l G 

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^ - ^ - ^ 

^ Earhart Drive Suite 11 • Coajesville, PA 19320 • 484-288-2800 

www.eramecillc.com 

Wednesday, November 17, 2010 

Edward Baker 

3 Sarati's Lane 

^23^ Sicci^c'sburg. ?.*. ^S5C2 

Dear Ed, 

This Setter is being written to verify that Edward Baker was included in EraMED's drug 

program during his dates af employement: 5-1-2006 to 11-4-2007. 

if you have any questions or concerns please contacc me at your convenience. 

Thani^s, 

Melissa Rodriguez 

Accounting IVIanager 

mr0drigue2@eramedHc.com 

U'fM 
12/03/2010 14:43 FAX 2024335142 FAA * DMS . 21005/007 

Page i of 2 

mseli 

From: "Ed Balcer" <ebaker@airmethods.com> 

To: <mselig@ptd.net^ 

Sent: Sunday, November 28, 2010 10:41 PM 

Subject: FW: Edward L. Baker III 

Mike, below is the letter from our Drug program manager to the FAA. 

Ed Baker 

Base Lead Pilot 

East Stroudsburg Bose 

Air Methods Corporation 

'570i A76-?I79 cHone 

(570) 730-3] 31 cell 

i-H'x-3k(.;i\ii:c:unTu-; 11 locJs.coi n 

From: John Hargleroad 

Sent: Mon 11/15/2010 11:40 AM 

To: Ed Baker 

Subject: FW: Edward L. Baker III 

Ed, 

Here is a copy of the email that I sent Chet Stevenson with FAA drug abatemenv. Please feel free to caW me if 

you need anything. 

Regards, 

John Hargleroad 

Anti-Drug and Alcohol Program Manager 

PRIA IVlariciger 

f'llot Records Supervisor 

.'\ii' \'!(\i'h(ici;: Cdi'!) 

cngiev^ood. CO SOU2 

Off: .'i0.3.-7/1,9-1373 

I ax. 303.749--1383 

Cr-;ir 31/l-Vti3-24f32 

jhijryloroadCajairmpthods.com 

From: John Hargleroad 

Sent: Thursday, October 14, 2010 9:45 AM 

To: chet,stevenson@faa.gov 

Subject: Edward L. Baker III 

Chet, 

Edward L. Baker III, 5SN 158545206, has been continually in the Air Methods DOT Anti-Drug and Alcohol 

program since 1,1/5/2007. He is a pilot who also holds a A&.P certificate, however he is under our master 

••- i ',. - f " 1 

1 1 /29/:?.oi 0 
12/08/201 0 14:4 3 FAX 2024935142 FAA ^D^ S ^003/00 7 

Page 2 of2 

certificate QI\/1LA253U and does not perforni any maintenance under our repair station certificate QMLR253U, 

and is not authorized or contracted by Air Methods to do any outside maintenance for iVI&R Helicopters or any 

other operator. 

Please reply to let me know that you have received this email. 

Regards, 

John Hargleroad 

Anti-Drug and Alcohol Program Manager 

PRIA Manager 

Pilot r-Jecords Supervisor 

.Ail Mei.lKKl'-". t orp 

7301 S. Peoria Si 

f-'iKllcwond. CO finii;> 

')' • -'f' C •''•^•.. - . ' • 

Ceil, 314-753-2482 

jfii:iigleroud(ci)ciinTiothods.corn 

11/29/2010 
12/08/2010 14:43 FAX 2024335142 FAA * DMS i007/007 

U.S. DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Laura Ponto, Lotonya WilliarYis 

Complainants 

AA & R Helicopters, LLC, 

Respondent 

FAA Case 2009SO950434 

I HFREBY CERIIFY that I have this day served the foregoing entrie(sj: 

RESPONDENT'S MOTION TO STRIKE ALLEGATIONMR BAKER WAS NOT ON A DRUG/ALCOHOL PROGRAM 

upon all porties o\ record in this proceeding, in accordance with the requirements ot Rule 29 

pursuant to 28 U. S. C. § 1746 . 

Service by first-cln.'is mail, postage prepaid, addressed as follows; 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Avenue-Suite 2W i OOO 

Washington, D.C, 20591 

Atf; Hearing Docket Clerk, AGC-430 

Laura Ponto, Esq 

Enforcement Division/AGC-300 

800 Independence Avenue, SW 

Washington. DC 20591 

L<FAX20 2 267 5106 „ ' ,41 ^"^ 

By: '^ ' ' 

Michael B. Selig, MD, FACC. 

2816 Orefield Road 

Allentown. Pa. 18104 

610 360 3953 -; , •,,-/ ( ) 

Date: .. L __2L _ ^-