# ............--------------- 0 U.S. Department of Transportation Federal Aviation Administration April 6, 2012 HearingDocket Federal Aviation Administration Atten: Hearing Docket Clerk HearingDocket Room 2014, AGC-400 600 Independence Avenue, S.W. Washington, D.C. 20591 800 Independence Ave
.. S.W. Washington, D.C. 20591

Re: In the Addison Jet Management, Inc. 

# I FAA Case No. 20IISW910053 

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## b 11Db Dear Madam: Pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), the Federal Aviation Administrationhereby files the complaint in the above referenced matter.

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# ~· Autumn Killingham EnforcementDivision Office ofthe ChiefCounsel (202) 267-7728

cc: Gerald P. Shaw Addison JetManagement 7515 Lemmon Ave Dallas, Texas 75209

### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
) 

### In the Matter ofAddison Jet Management, Inc. · ) ) 

### JUDGE NOTASSIGNED
FAA Case No. 2011SW910053 COMPLAINT The Federal Aviation Administration ("Complainant") by 

### counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 

### On October 4, 2011, Respondent was advised through a Notice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty in the amount of$8149. On March 30, 2012, Respondent submitted a written request for a hearing.
II. 

### 1. At all times mentioned in this document, Addison Jet Management, Inc. ("Addison") was the holder ofAir Carrier Operating CertificateNo. 15JA697J issued under 14 C.F.R. Part 119 and appropriate operations specifications issued under 14 C.F.R. §135.

2. On or about January 18, 2010, Addison hired VictoriaMcKown as a pilot, a safety-sensitive position.


### 13. On or about August 2, 2010, Ms. McKown operated civil aircraft N213HP (listed
on Addison's operations specifications as Airplane M/M/S CE-650-650 SIN 6500133) as pilotin-command on a round-trip flight from Dallas, Texas to San Diego, Californiaunder Part 135 of the Federal Aviation Regulations.

4. Pursuantto 49 C.P.R. §40.25(a) and (b), Addison did not obtain drug and alcohol record checks from DOT-regulated employers who had employed Ms. McKown during any

· period during the two years before the date ofMs. McKown's application to Addison.

5. Pursuantto 49 C.P.R. §40.250), Addison did not ask Ms. McKown whether she refused pre-employment drug or alcohol testing, or whether she tested positive on any preemployment drug or alcohol test for application to safety-sensitive transportation work covered byDOT testing rules. 

### III.

1. By reason ofthe foregoing, Addison violated the 49 C.P.R. 

### §40.25, in that Ms. McKown was not subject to a drug and alcohol records check implemented in accordance with this subpart, specifically that she and all DOT-regulated employers who had employed her during the two years before her date ofapplication to Addison
were not questioned about her drug and alcohol test results. 2. Under the facts and circumstances ofthis case a civil penalty of$8149 is appropriate.

2WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an orderthat Respondentbe assessed a civil penalty inthe amount of$8149.

Peter J Lynch Assistant ChiefCounsel for Enforc Killingham · En cementDivision 

### 0 ICe ofthe ChiefCounsel (202)267-7728 PLEASE NOTE: Pursuant to Title 14 CFR § 13.209(a), you are required to file a written answer to his Complaint, or a written Motion to Dismiss ifappropriate, not later than thirty (30) days after the date shown on the Certificate ofService which follows.

3CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint, in the Matter ofAddison Jet Management, Inc., FAA Case No.2011SW910053, has been mailed this date by Certified Mail to: Gerald P. Shaw Director ofOperations Addison Jet Management 7515 Lemmon Ave. Dallas, TX 75209
The original and;-a copy was also delivered to: Hearing Docket Room 2014, AGC-400 Federal Aviation Administration 600 Independence Avenue, S.W. Washington, DC 20591

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