U.S. Department 

of Transportation 

Federal Aviation 

Administration 

NOV 1 2012 

Southern Region 

Office of the Regional Counsel 

CERTIFIED -RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence A venue, SW 

Washington, DC 20591" 

Re: 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

U1 

C) 

In the Matter of Clelia Ayala I ffd-Tt\5 ~Ia- C> <1 ro 

FAA Ca5e No. 201 OS0290061 C}.o f

3 _ AW-A ... C-ff ~ ISlf 8'.j 

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

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in Atlanta, Georgia, and expects that the 

hearing will last 1 day. 

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

Federal Aviation Administration 

Office ofthe Regional Counsel, AS0-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sin7ere~y, 

h.ILAAfl~ WILLIAM P. VINES 

Attorney 

Office of the Regional Counsel 

Enclosures 

.. ·· ·. 

',, 

RECEIVED 

NOV- 5 2012 

HEARING DOCKET 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Clelia Ayala 

Respondent. 

FAA Docket No. 

Judge-,---------

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (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 off your portable 

electronic device; specifically, your cell phone. 

a. Despite the instruction to tum off your cell phone, you continued talking on your 

cell phone. 

b. A crewmember again instructed you to tum off your cell phone. 
c. Despite the repeated instruction to turn off your cell phone, you continued talking 

on your cell phone. 

5. Before Flight 9191 took off, a crewmember instructed you to verify to the 

crewmember that your seatbelt was fastened. 

d. Despite the instruction to verify to the crewmember that your seatbelt was 

fastened, you refused to verify to the crewmember that your seatbelt was 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 of their 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) 

of this section. 

c. Section 121.580 in that "no personmay assault, threaten, intimidate, or interfere with 

a crewmember in the performance of the 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 of the 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 order that Respondent be assessed a civil penalty in the amount of $2,200. 
Respectfully submitted this day of November 1, 2012. 

W!Lkdf.v!~ Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CPR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence A venue, SW 

Washington, DC 20591 

Clelia Ayala 

235 Sidonia Avenue 

Apt. 307 

Coral Gables, Florida 33134 

(and regular mail) 

Clelia Ayala (and regular mail) 

11175 Georgia Avenue Apt. 603 

Wheaton, MD 20902 

~Tj~E~ Legal Assistant 

Office of the Regional Counsel 

NOV 1 2012 

Dated 

(original + 1 copy) 
Clelia Ayala 

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 you to 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 in the 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, 

Clelia Ayala 

RECEIVED 

I OCT 3 1 2012 

I ·------1 

FAA, REGIONAL COUNSEL 

SOUTHERN REGION