10/08/2014 05:19 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

October 8, 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) 227-1417 

Fax: (425) 227-1007 

robert.spit<er@faa.gov 

VIA FACSIMILE AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGCA30 

PAGE 02/10 

Hearing Docket 2 Q 1 I Q 

Federal Aviation Administration I, lv a I 

(Wilbur Wright Bldg --Room 2Wl 000) - - I 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

/ Re: · In the Matter of Offshore Flight School, Inc., FAA Case No. 2014Wl'910016 

· Enclosed is an original and one copy of a request for hearing and Complaint in the abovereferenced proceeding. 

The Federal Aviation Administration (FAA) requests that the hearing in this matter be held in 

Honolulu, Hawaii, and expects that the hearing will last one (1) day. 

For scheduling purposes, FAA Attorney, Robert Spitzer will be unavailable December 1 through 

December 31,2014. 

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

Sincerely, 

/1--

Robert Spitzer 

FAA Attorney 

RS/tek 

Federal A vi.ation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington. 98057 

Telephone: (425) 227-1847 

FAX: (425) 227-1007 

Enclosures; Request for Hearing (Appeal) 

Complaint 
10/08/2014 05:19 4252271007 

ROBERT SPITZER 

FAA OFFICE OF REG!O:NAL COUNSEL 

1601 LINDAVE.,SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-1417 

FACSIMILE: ( 425) 227-I 007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In tbe Matter of: 

Offshore Flight Schoo I, Inc. FAA Case No. 2014WP910016 

Judge Not Assigned 

JUDGE NOT ASSIGNED: 

COMPLAINT 

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

PAGE 03/10 

pursuant to Rule 208 of the Rules of Practice (14 Code of Federal Regulations (C.P.R.) Section 

13 .208), and states as follows: 

I. 

On September 18, 2014, Offshore Flight School, Inc. (Offshore), was advised through a 

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

amount of $46,200. On October 3, 2014, Offshore, through its legal counsel, submitted a written 

request for a hearing. 

COMPLAINT 

FAA v. Offshore Flight. Schoo4 Inc. 

FAA C~e.e No. 20!4WP9!0016 

Pago 2 of7 

ROBERT SPITZ oR, FAA ATTORNEY 

TEL: (425) 227-1417: FAX: (425) 227-1007 
10/08/2014 05:19 4252271007 ANM7 

II. 

1. Offshore is now, and was at all times mentioned herein, authorized to conduct 

commercial air tour operations pursuant to 14 Code of Federal Regulations (C.F.R.) 

Section 91.147, under Letter of Authorization 363JWP13. 

PAGE 04/10 

2. At all times relevant herein, Offshore was required to comply with the requirements of 14 

C.F.R. Part 120 and 49 C.F.R. Part 40 for its drug and alcohol testing progrlllll. 

3. At all times relevant herein, Offshore was authorized to operate the following aircraft 

pursuant to 14 C.F.R. Section 91.147: 

a. N88YW, a Cessna 152; 

b. N747KK,aCessna 172N; 

c. N74508, a Robinson R44; and 

d. N822F, a Robinson R44. 

4. Brant P. Swigart, pe~formed maintenance on N74508, on or about February 28, 2012, 

May 26, 2012, August 10,2012, September 25,2012, November 19,2012, AprillS, 

2013, Aprill6, 2013, April24, 2013, June 18,2013, and August 31,2013. 

5. At the time that Mr. Swigart performed maintenance on N74508, Offshore had not first 

conducted a pre-employment drug test, and had not received a verifted negative drug test 

result for Mr. Swigart. 

6. Mr Swigart was never added in Offshore's random drug and alcohol testing program. 

7. Ma.x Londeen, performed maintenance onN747KK, on or about June 29, 2012, August, I 

25,2012, October 6, 2012, February 24, 2013, June 23, 2013, and October 30,2013. 

8. At the tim.e that Mr. Londeen performed maintenance on N747KK, Offshore had not first 

conducted a pre"employment drug test and had not received a verified negative drug test 

result for Mr. Londeen. 

COMPLAINT 

fAA v. Offshore Flight School, Inc. 

FAA Case No. 2014WP9l0016 

Page3of7 

ROBERT SPITZoR, FAA ATTORNllY 

TEL: (425) Z27-1417; FAX: (425) 227-1007 
10/08/2014 05:19 4252271007 ANM7 PAGE 05/10 

9. Mr Londeen was not added to Offshore's random drug and alcohol testing program until 

on or about October 4, 2012. 

10. Prescott Eugene Wilkie performed maintenance onN747KK on or about November 11, 

2012, and on N88YW on or about November 13,2012. 

11. At the time that Mr. Wilkie performed maintenance on N747KK and N88YW Offshore 

had not first conducted a pre-employment drug test, and had not received a verified 

negative drug test result for Mr. Wilkie. 

12. Mr. Wilkie was never added to Offshore's random drug and alcohol testing program. 

13. By reason of the above, Offshore failed to have every employee that performed a safetysensitive function for Offshore subject to alcohol testing lllJder an alcohol testing program 

implement In accordance with 14 C.P.R. Section 120.215. 

14. By reason of the above, Offshore failed to have every employee that performed a safetysensitive function for Offshore subject to drug testing under a drug testing program 

implement in accordance with 14 C.F.R. Section 120.105. 

III. 

1. By reason of the foregoing facts and circumstances, Offshore violated the following 

sections of the Federal Aviation Regulations (1.4 C.F.R.): 

a. Section 120.l09(a)(l), ill tl1at Offshore hired individuals for safety-sensitive functioru; 

listed in 14 C.F.R. Section 120.105 when Offshore had not first conducted a preemployment drug test and received a veri.fied negative drug test result for those 

individuals; 

COM!'L.AINT 

fAA v, Offshore Flight School, Inc. 

FAA Case No. 2014WP91 0016 

Page 4 on 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
10/08/2014 05:19 4252271007 ANH7 

b. Section 120.215(a), in that Offshore failed to have the above-listed employees who 

performed safety-sensitive functions for Offshore subject to alcohol testing under an 

alcohol testing program implement in accordance with 14 C.F .R. Section 120.215. 

PAGE 05/10 

c. Section 120.105, in that Offshore failed to have the above-listed employees who 

performed safety-sensitive functions for Offshore subject to drug testing under a drug 

testing program inlplernent in accordance mth 14 C.F.R. Section 120.105. 

2. In accordance with Sections 4630l(a) and (d) of Title 49 of the United States Code 

(U.S.C.) (Transportation) [49 U.S.C. Sections 4630l(a) and (d)], Offshore is liable for a civil 

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

3. Under the facts and circumstances of this case, a civil penalty of $46,200 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Offshore be assessed a civil penalty i.n the amount of $46,200. 

Respectfully submitted this 8th day of October 2014. 

Robert Spitzer 

FAA Attorney 

COMPJ..AlNT 

FAA v. Offshore Flight School Jno_ 

FAA Case No. 20l4WP9100J6 

Pagd of7 

RoaERT SPITZER, F AA.ArroRNEv 

TEL: (425) 227-1417; FAX: (425) 227-1007 
10/08/2014 05:19 4252271007 ANM7 PAGE 07/10 

ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, Offshore, must answer 

thls Complaint not later than thirty (30) days from the time it is served on it. Failure to file an 

An.swer within tl1irty (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(f)]. 

' COMPLAINT 

FAA v. Offshore Flight Schoo~ Inc. 

FMCascNo. 2014WP910016 

Page 6 of7 

RoBERT SPJTZER, FAA ATTORNEY 

TEL: (425) 227·1417; FAX: (425) 227·1007 
10/08/2014 05:19 4252271007 ANH7 

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 Administration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Fax: (202) 493-5142 

David Glenn Bettencourt 

Attorney at Law 

Suite 304 Dillingham Transportation Bldg. 

73 5 Bishop Street 

Honolulu, HI 96813 

Fax: (808) 521-3491 

President 

Offshore Flight School, Inc. 

I 00 Iolana Place, #A 

Honolulu, HI 96819-1805 

Fax: (808) 836-8688 

Dated this gth day ofOc~o~er, 2012, , 

~~ T "Kirk · 

Office ofRegional Counsel (ANM-7) 

Federal A vi,ation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

( 425) 227-2007 

PAGE 08/10 

COMPLAINI 

FAA v, Off$hore Flight School, Ine. 

fAA Case No. 2014WP910016 

Page 7 of7 

ROBERT Smzn, F AAATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
10/08/2014 05:19 4252271007 ANM7 PAGE 09/10 

DAVID GLENN BETIENCOURT 

Attorney at Law- Hawai'i Bar No. 970 

Suite 304 Dillingham Transportation Bldg. 

735 Bishop Street, Honolulu, Hawai'i 96813 

Regional Counsel 

ocr 3 zo14 

ANM-7 

Telephone: (808) 521-3491 · 

Facsimile: (808) 521-7749 

Email: airlaw@pixi.com 

Attorney for OFFSHORE 

FLIGill SCHOOL, INC. 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARING 

WASHINGTON, D.C. 

In the Matter of: ) FAA Case No. 2014WP910016 

) 

OFFSHORE FLIGHT SCHOOL, ) REQUEST FOR HEARING; 

INC ) CERTIFICATE OF SERVICE 

) 

) 

REQUEST FOR HEARING 

COMES NOW OFFSHORE FLIGHT SCHOOL, INC, by and through 

its designated agent and legal counsel, DAVID GLENN BETTENCOURT, 

and respectfully requests a hearing in this proceeding pursuant to 14 C.F .R. 

§ 13.16(g)(2)(ii), of the FINAL NOTICE OF PROPOSED CIVIL PENALTY, 

served 18 September 2014 

DATED: Honolulu, Hawaii, 29 September 2014. 

IS1&ro 

f1~&vtt GLENN BETTENCOURT 

Attorney for OFFSHORE FLIGHT 

SCHOOL, INC. 
10/08/2014 05:19 4252271007 ANH7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARING 

WASHINGTON, D.C. 

In the Matter of: ) FAA Case No. 2014WP910016 

) 

OFFSHORE FLIGHT SCHOOL, ) CERTIF1CATE OF SERVICE 

INC ) 

) 

) 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on the date set forth below, 

copies of the foregoing were duly served as set forth below: 

PAGE 10/10 

Certified 

Mail 

First Class 

Mail 

TO: Federal Aviation Administration ( ) 

Attention: Hearing Docket Clerk, AGC-'430 

Wilbur Wright Building- Suite 2W1000 

800 Independence A venue SW 

Washington, DC 20591 

(Original+ 3 copies) 

Federal Aviation Administration ( ) 

Office of Regional Counsel- ANM-7 

Northwest Mountain Region 

1601 Lind Avenue, SW 

Renton, Washington 

(XX) 

(XX) 

DATED: Honolulu, llaw.U. 2~bec 2014 

, UL{se( 

ID GLENN BETTENCOURT 

Attorney for OFFSHORE FLIGHT 

SCHOOL, INC. 

2 
10/08/2014 05:19 4252271007 ANM7 

FACS{MILE MESSAGE 

Robert Spitzer 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND AVENUE S.W. 

RENTON, WASHINGTON 98057 

The information contained in this facsimile message is legally privileged and confidentia.l 

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. 

PAGE 01/10 

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

October 8, 2014 

FAA/DOT 

(202) 493-5142 

NO. PAGES: 

FROM: 

FAX NO.: 

PHONE 

NO.: 

10 including cover 

Robert Spitzer 

425-227-1007 

425-227-1847 

RE: Offshore 

Flight School 

FAA No. 

2014WP910016 

COMPLAINT 

Email: