U.S. Department ofTransportation Federal Aviation Administration 

## NOV 1 2012 Southern Region Office ofthe Regional Counsel

CERTIFIED -RETURNRECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591" Re: P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

U1 C) Inthe Matter ofCleliaAyala 

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## 8'.j Enclosed herewith please find a copy ofa request for hearing and the original and one copy of the Complaintinthe above-referencedproceeding. The FAArequests thatthehearing inthis matter be held 

### inAtlanta, Georgia, and expects thatthe hearing will last 1 day. Please address all communications for the FAAto the undersigned, at: Federal Aviation Administration Office oftheRegional Counsel, AS0-7 SouthernRegion P.O. Box 20636 Atlanta, Georgia 30320 Telephone: (404) 305-5200, facsimile (404) 305-5223.**Sin7ere~y,**

# h.ILAAfl~ WILLIAM P. VINES Attorney Office ofthe Regional Counsel Enclosures ..·· ·.

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# RECEIVED NOV- 52012 

## HEARING DOCKETU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. CleliaAyala Respondent. FAA DocketNo. Judge-,---------

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 1. On October 

### IS, 2012, Respondent, Clelia Ayala was advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $2,200. On October 31, 2012, the Agency Attorney received a written request for a hearing from the Respondent. II. 2. On or about December 29, 2009, you were a passenger aboard Gulfstream International Airlines 

### I Continental Airlines flight number 9191 (hereinafter "Flight 9191") from Tampa, Florida, to Key West, Florida. 3. Flight 9191 was.operated using a U.S.- registered civil aircraft. 4. Before Flight 9191 took off, a crewmember instructed you to tum offyour portable electronic device; specifically, your cell phone.
a. Despite the instruction to tum offyour cell phone, you continued talking onyour cell phone. b. A crewmember again instructed you to tumoffyour cell phone.c. Despite the repeated instruction to turn offyour cell phone, you continued talking onyour cell phone. 5. Before Flight 9191 took off, a crewmember instructed you to verify to the crewmember that your seatbeltwas fastened. d. Despite the instruction to verify to the crewmember that your seatbelt was fastened, yourefused to verify to the crewmemberthat your seatbeltwas fastened.
e. A crewmember again instructed you to verify to the crewmember that your seatbelt was fastened. f. Despite the repeated instruction to verify to the crewmember that your seatbelt was fastened, you refused to verify to the crewmember that your seatbelt was fastened. 6. The above-referenced actions caused you to be removed from Flight 9191 in Tampa Florida. 7. Your actions during Flight 9191 interfered with the crewmember(s) m the performance oftheir duties. III. 8. As a result, you violated the following sections of the Federal Aviation Regulations:
a. Section 121.306(a) in that no person may operate any portable electronic device on any U.S.- registered civil aircraft. b. Section 121.317(k) in that each passenger shall comply with instructions given him or her by a crewmember regarding compliance with paragraphs (f), (g), (h), and 

### (1) ofthis section.
c. Section 121.580 in that "nopersonmay assault, threaten, intimidate, orinterfere with a crewmember inthe performance ofthe crewmember's duties aboard an aircraft." 9. Pursuant to 49 U.S.C. Sections 46301(a)-(d), Respondent is subject to a civil penalty not to exceed $1,100 for each ofthe violations alleged. 10. Under the facts and circumstances of this case, a civil penalty of $2,200 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an orderthat Respondent be assessed a civil penalty inthe amount of$2,200.Respectfully submittedthis day ofNovember 1, 2012.

# W!Lkdf.v!~ Attorney Office ofthe Regional Counsel


### PLEASE NOTE: Pursuant to Title 14 CPR Section 13.209(a), you are required to file a written answerto this Complaint, or a written Motionto Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows.


### CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complainthas beenmailedthis date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 CleliaAyala 235 SidoniaAvenue Apt. 307 Coral Gables, Florida 33134 (and regular mail)

CleliaAyala (and regular mail) 11175 Georgia Avenue Apt. 603 Wheaton, MD 20902

# ~Tj~E~ Legal Assistant Office ofthe Regional Counsel 

### NOV 1 2012 Dated (original 

### + 1 copy)CleliaAyala 11175 Georgia Ave Apt 603 Wheaton, MD 20902 (305) 588-9397 October 26, 2012 !-&ring Docket Clerk, AGC-430 Federal Aviation Administration 800 Independence Ave. SW Wright Building, suite 2Wl000 Washington DC, 20591 Dear Sr/Madam: I am writing to youto appeal the letter dated October 15, 2012 and letting you to know that I am the victim in this incident which has affected me personally, physically, and emotionally. As a consequence, I ended up inthe emergency room at St. Joseph's Hospital in Tampa.I sustain my innocence regarding theallegations made against myself, therefore I request to be released from this accusation and have this case closed. In addition, my current condition precludes any employment, and my current and future income does not support any debt repayment. As I mentioned before, I was a victim ofGulfstream's personnel, who violated my rights and sent me to the hospital (please see the attached.
Sincerely,

CleliaAyala



# RECEIVED 

# I OCT 3 1 

### 2012 I ·------1 FAA, REGIONAL COUNSEL SOUTHERN REGION