07/15/2014 05:0g 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 15, 2014 

4252271007 ANM7 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue s.w. 

Renton, Washington 98057 

Tel: (425) 227-2161 

Fax: (425) 227-1007 

jeffrey.harper@faa.gov 

VJA FACSIMILE AND CERTIFIED MAIL- REnJRN RECEIPT REQUESTED 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2Wl 000 

800 Independence Avenue, Southwest 

Washington, DC 20591 

PAGE 02/08 

Re: In the Matter of Certified Aviation Services, LLC, FAA Case No. 2014WP910075 

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

Complaint in this proceeding. 

The FAA requests that the hearing in this matter be held in Los Angeles, California, and 

expect that the hearing will last one day. For scheduling purposes, counsel for the FAA is 

unavailable on the following dates in 2014: July 13-29, August 22-25, September 12-15, 

October 24-27, November 21-24, December 12-15, and December 19-29. In 2015, counsel 

for the FAA is unavailable January 23-26, February 20-23, March 20-23, April24-27, 

May 18, June 12-15, July 24-27,August21-24, and September 18-21. 

Please address all communications to the undersigned at: 

Federal. Aviation Administration 

N o1ihwest Mountain Region, ANM · 7 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

(425) 227-2161, Fax: (425) 227-1007 

Sin{\rely, 

~J c/~ (2, GJ.t-e r----

~M.Harper 

{'"' FAAAttomey 

JMWtk 

Enclosure: Request for Hearing (Appeal) 

Complaint 

REC~ ED 

HEAf-tiNG DOCKET 
07/15/2014 05:09 4252271007 

JEFFREY M. HAR.i'ER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425)227-2161 

FACSIMILE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Certified Aviation Services, LLC 

FAA Case No. 20!4WP910075 

DMS No. Not yet assigned. 

~014- 040~ 

COMPLAINT 

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

pursuant to Rul.e 208 of the Rules of Practice 14 C.F.R. § 13.208, and states as follows: 

I. 

PAGE 03/08 

On June 13, 2014, Certified Aviation Services, LLC, was advised through a Final Notice 

of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of$20,542. On July 14,2014, Certified Aviation Services, LLC submitted a written 

request for a hearing. 

II. 

1. CAS is now, and at all times relevant herein was, the holder of Air Agency 

Certificate No. QVJR903L with Repair Station privileges, issued under Title 14, 

Code of Federal Regulations (C.F.R.), Part 145. 

2. At all times mentioned herein, CAS held an appropriate Operations Specifications 

certifYing that it would comply with the requirements of 14 C.P.R. Part 120 and 

49 C.F.R. Part 40 for its Antidrug and Alcohol Misuse Prevention Program. 

3. On January 30,2012, CAS hired Mr. Jeffrey Vincent to perform safety-sensitive 

functions. 

4. Mr. Vincent was not in CAS's random testing pool until Aprilll, 2013. 
07/15/2014 05:09 4252271007 ANM7 PAGE 04/08 

5. On, multiple occasions betwc;en January 30,2012 and April 11,2013, Mr. Vincent 

performed safety-sensitive work for CAS on aircraft operated by certificate 

holders who operate those aircraft under 14 C.F.R. Part 121. 

6. On August 16, 2012, CAS hired Mr. Paul Watson to perform safety-sensitive 

functions. 

7. Mr. Watson was not in CAS's random testing pool until April 11, 2013. 

8. On multiple occasions between August 16, 2012 and April ll, 2013, Mr. Watson 

performed safety-sensitive work for CAS on aircraft operated by certificate 

holders who operate those aircr~ft under 14 C.F.R. Pm 121. 

9. Random selections were made from CAS's random testing pool on: 

April 12, 2012 

January 22,2013 

July 13, 2012 

April 10, 2013 

October 10, 2012 

10. At all times relevant herein, Mr. Eddy Martinez was employed by CAS in a safetysensitive function. 

11. On October I, 2013, Mr. Martinez was selected for Department ofTran.spottation 

(DOT) random alcohol testing. 

12. On December 12, 2013, Mr. Martinez was subjected to the DOT random alcohol 

test. 

13. TI1.e testing described in paragraph 12 was not documented on a DOT Alcohol 

Testing Form. 

III. 

l, By reason of the foregoing circumstancc(s), CAS violated the following provisions of 

th.e Federal Aviation Regulations (14 C.P.R.): 

a. Section 120.105, in that an employee perfomling safety-sensitive functi.ons was 

not subject to a drug testing program implemented in acco~dance with 14 C.F.R. 

Part 120, Subpart E. 

b. Section 120.2!5(a), in that an employee performing safety-sensitive functions was 

not subject to an alcohol testing program implemented in accordance with 

1.4 C.P.R. Part 120, Subpart F. 

2. Additionally, CAS violated 49 C.P.R. Section 40.225(a), in that it did not use a DOT 

Alcohol Testing Form for a DOT alcohol test. 

Complaint 

In the Mat1cr of' Certified Avhnion Services. LLC 

FI\A l:;"il;>c Nil. 2014WP9J0075. DMf3 N<J. Ned Assigned 

Page 2 or 5 

JEFFREY M. HARPE::It. FAA ATTORNEY 

TEL (425) 227-2161 o PAX; (425) 227·1 007 
07/15/2014 05:09 4252271007 ANM7 

3. Under 49 U.S.C. §§ 46301 (a) and (d), CAS is liable for a civil penalty not to exceed 

not to exceed $11,000 for each of the violatiOlls noted. 

4. Under the facts and circmnstances of this case, a civil penalty of $20,542 is 

appropriate. 

Respectfully submitted this 151

h day of July, 2014. 

PAGE 05/08 

Complaint 

In lh~ Mattei' ofCcttH1ed AvialiOl~ St!lrvicc:;>. l.LC 

.fEI;I'RF.Y M. l-1.1\RPBR. FAA ATTORNEY 

TEL: (4251 227·2161: FAX: (425) 227-1007 

FAA Ca>c No. 2014WP910075. DMS No. Not A"lgnod 

Pnge 3 orS 
07/15/2014 05:09 4252271007 ANM7 

ANSWER 

In accordance with Section 13.209(a) ofthe Federal Aviation Regulations, CAS must 

answer this Complaint not later than thirty (30) days after the date the Complaint is 

served. Failure to file an Answer within thirty (30) days without good cause shall be 

deemed an admission of the truth of each allegation contained in the Complaint. 

14 C.F R. § 13.209(£). 

PAGE 05/08 

Comph1int 

ln the M:.mcrofCertificd Aviation Sendccs_ r .. LC 

JEFr~EY M. fiARPI':R, FAA ATTORNEY 

TEL: (425)227-2161: FAX: (4251 227-1007 

FAA ('tt'1c:: Nfl. 20l4WP9!0075. OMS Nfl. NM A%ignt::d 

Pn.gl;] 4 of 5 
07/15/2014 06:09 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been served via facsimile and Certified 

Mail- Return Receipt Requested this date, to the following: 

Federal Aviation Administrati.on 

Attn: HearJng Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2WI 000 

800 Independence Avenue Southwest 

Washington, DC 20591 

Fax: (202) 493-5142 

Mr. William Corteal 

Certified Aviation Services, LLC 

1150 South Vineyard Avenue 

Ontario, CA 91761 

Tel: (909) 458-6462 

Fax: (909) 605-0390 

Dated this 15th day of July, 2014. .• 

c·-_ ,/. /~· i / / 

--.::.~. ~ ~ u.__.L__ 

Terri Kirk .. ' 

Office ofRegional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Aver.ue SW 

Renton, W A 98057 

(425) 227-2160 

PAGE 07/08 

C'olllplaitH 

In 1 [1~ M~ll,!.t.::l' or Cer\iliCd Avim!on Scni\C('S. I ,f.(' 

Ji7.FFRf:V M.IIARPI'\R. 1;/\A ATTOHNr:y 

Tl·:r.: (425) 227-2161: JiAX; (·U5) ~27~ W07 

FAA Case Nn.2014WP910075. DM:) No. N! 1l A~;;ign'=d 

Pag.t: s 0rs 
07/15/2014 05:09 4252271007 

July 10, 2014 

Federal Aviation Administration 

Wilbur Wright Building 

800 Independence Avenue Southwest 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-43 0 

ANM7 PAGE 08/08 

CAS 

Cl!l('tln~n.oom 

Regional Counsel 

·JUL 1 4 :!014 

ANM·7 

Reference: Final Notice of Proposed Civil Penalty -FAA Case No. 2014Wl:'910075 

Certifi.ed Aviation Services, LLC (CAS) is in receipt of the above referen.ced final notice. Per 14 

C.F.R. Section 13.16, CAS has 15 days after the receipt of the reference final notice, to request a 

hearing in this matter. Please accept this letter as CAS' request for a hearing in the matter of the 

proposed civil penal.ty resulting from FAA Case No. 2014WP910075. 

Please feel free to contact me at: 

Certifi'ed Aviation Services, LLC 

1150 S. Vineyard Ave. 

Ontario, CA 91761 

Attention: William. Corteal 

Office: (909) 458-6462 . 

e-mail: wcorteal@certifiedaviation.com 

VP of Administration 

Cc J.M. Harper, FAA Office of Regional counsel-ANM-7 

Cen:ltled Aviation Services, l.,J..C 

1150 s. Vineyard Ave .. Ontano, CA 91761 

tel SOS-605-0380 wuw.certifiedaviation.eom 
07/15/2014 05:09 4252271007 ANM7 

FACSIMILE MESSAGE 

J.M.HARPER 

J<'EDERAL A VJATION ADMJNJSTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/08 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: July 15, 2014 NO. PAGES: 8 including cover 

TO: FAA, Hearing Docket FROM: Terri Kirk 

Clerk 

FAX NO.: (202) 493~5142 FAX NO.: 425-227-1007 

PHONE NO.: PHONE NO.: 425-227-2160 

RE: Email: --"~.,.,.,,v ... ·-• 

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