07/01/2014 05:37 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 1, 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 

jeflney.harper@faa.gov 

VIA FACSIMlLE AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

PAGE 02/10 

Attn: Hearing Docket Clerk, AGC-430 

WiJbur Wright Building- Room 2Wl 000 

800 Independence Avenue, Southwest 

Washington, DC 20591 c;}o ll-J- 0 ~J s 

Re: In the Matter of Heath Teena, Inc. FAA Case No. 2013WP910206 

Enclosed please find 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 Seattle, Washington, and expects 

that the hearing will last one day, For scheduling purposes, counsel for the F M .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, Apri124-27, 

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

Please address all communications to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue Southwest 

Renton, Washington. 98057 

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

JMH/ds 

Enclosure: Request for Hearing (Appeal) 

Complaint 
07/01/2014 05:37 4252271007 

.TErFREY M. HARPER 

FAA OFFICE Of REGIONAL COUNSEL 

1601 LrND AVE., SW 

RENTON, WASH!NGTON98057 

TELEPJ·IONE: ( 425) 227-2161 

FACSIMILE: (425)227-1007 

ANM7 

UNITE:D STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Heath Teena, Inc. 

FAA Case No. 2011NM060005 

OMS No.:Not yet assigned. 

~0 IY- 03J5 

COMPLAINT 

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

pursuant to Ruk 208 of the Rules of Practice 14 C.P.R.§ 13.208, and states as follows: 

L 

PAGE 03/10 

On June 4, 2014, Heath Teena, Inc. was advised through a Final Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in tbe amount of$97,050. On 

June 13, 2014, Heath Teena, Inc., through its legal counsel, submitted a written request 

for a hearing. 

II. 

1. Heath Teena, Inc. (Heath Teena) is now, and at all times relevant herein was, the 

holder of Air Agency Certifi.cate Number H80R680Y with Repair Station Privileges, 

issued under Title 14, Code of Federal Regulations (C.F.R.), Part 145. 

2. At all times mentioned herein, Heath Teena elected to implement an antidrug and 

alcohol misuse prevention program under 14 C.I'.R. Sections 120.117(o)(l) and 

120.225(c)(l). 

3. At all times mentioned herein, United Airlines, Inc. (United) was the holder of Ai.r 

Carrier Certificate Number CALA014A, issued under 14 C.F,R. Part 119 and was 
07/01/2014 05:37 4252271007 ANM7 

authorized to conduct its operations pursuant to Part 121 of the Federal Aviation 

Regulations (FAR), 14 C.P.R. Chapter I. 

4. At all times mentioned herein, US Air-ways, Inc. (US Air) was the holder of Air 

Carrier Certificate Number USAA105A, issued under 14 C.P.R. Part 119 and was 

authorized to conduct its operations pursuant to Part 121 of the FAR. 

5. At all times mentioned herein, Allegiant Air, LLC (Allegiant) was the holder of Air 

Carrier Certificate Number WXOAl56l, issued under 14 C.P.R. Part 119 and was 

authorized to conduct its operations pursuant to Part !2 J of the FAR. 

6. Regarding Mr. Ira Wilder, Junior: 

a At all times relevant herein before October 17, 2011, Heath Teena employed 

Mr. Wilder in a safety-sensitive position. 

b. At all times relevant herein before October 17, 2011, Mr. Wilder was propeJ:ly 

included in Heath Teena's Department of Transportation (DOn random testing 

pool. 

c. Heath Teena transferred Mr. Wilder into a non·safety-sensitive position on 

October J 7, 2011. 

d. Mr. Wilder remained in Heath Teena's DOT random testing pool from 

October 17, 2011, until he was removed on April3, 2012. 

e, Mr. Wilder was selected for a DOT random drug test on January 12,2012. 

PAGE 04/10 

f. On September 3, 2012, Heath Teena transferred Mr. Wilder into a safety·sensitive 

position. 

g. :Mr. Wilder performed safety·sensitive work for Heath Teena on United aircraft on 

th.e following occasions: 

(1) On October 8, 2012, under Heath Teena Job Number RS122138; 

(2) On November 26, 2012, under Heath Teena Job Number RS122433; 

(3) On December 4, 2012, under Heath Teena Job Number RS122516; and 

(4) On March 14,2013, under Heath Teena .lob Number RS130539. 

Compl~.int 

In the Matter of Heath Teena, Inc. 

FAA Ca.1e No. 2013WP91 0206. DMS No. Not Assigned 

Pas:e 2 C.lf7 

JEt"FREY M.l-lA.R:P.ER, l~AAATTORh'EY 

TEL: (425) 2Z7·2161; FAX: (4!5) 227-1007 
07/01/2014 05:37 4252271007 ANH7 

h. Mr. Wilder performed safety-sensitive work for Heath Teena on a US Air aircraft 

on January 23, 2012, under Hea1h Teena Job Number RS 130174. 

1. Mr. Wilder performed safely-sensitive work for Heath Teena on an Allegiant 

aircraft on February 5, 2013, under Heath Teena Job Number RS130277. 

J. Heath Teena did not conduct a pre-employment drug test on Mr. Wilder in the 

One Hundred-Eighty (180) days preceding h.is transfer into a safety sensitive 

position on September 3, 2012. 

k. Mr. Wilder was subjected to a pre-employment drug test on March 13, 2013. 

I. Heath Teena received a verified negative drug test result for Mr. Wilder on 

March 15, 2012. 

m. Mr. Wilder was added to Heath Teena's DOT random testing pool on 

March 17, 2013. 

7. Regarding Mr. Eli Arana: 

a. On September 3, 20l2, Mr. Arana was transferred to a safety-sensitive position. 

b. Mr. Arana perform.ed safety-sensitive work for Heath Teena on United aircraft on 

the following occasions: 

(1) On or about February 15, 2013, under Heath Teena Job 

Number UAL--13002201; 

(2) On or about February 19,2013, under Heath Teena Job 

Number UAL-13002301; 

(3) Onor ?bout Febru.ary 27,2013, under Heath Teena Job 

Number UAL-1300300 1; 

(4) On or about March 4, 2013, un.derHeath TecnaJob Number UAL-13003101; 

(5) On or about March 7, 2013, under Heath Teena Job Number UAL-13003201; 

(6) On or about March 12, 2013, under Heath Teena Job 

Number UAL-13003301; and 

PAGE 05/10 

(7) On or about March 14, 2013, under Heath Teena Job Number UAL-13003401. 

Cmnplaint 

r.n the M:~.tf:cr of Heath Tacna,. Inc. 

FAA Case No. 2013WP910206. DMS No. Not AJ;signed 

Prig:t: 3 of 7 

J.EI!"r·REY M. HARPER~ FAA ATTORNEY 

TEL (425) 227-2161; fAX; (425) 227-1007 
07/01/2014 05:37 4252271007 ANM7 

c. Heath Teena did not subject Mr. Arana to a pre-employment drug test until 

March 13, :2013. 

d. The Federal Drug Testing Custody and Control fon.o. used to document Mr. 

Arana's March 13, 2013, test was an expired form. 

e. Heath Teena received a verified negative drug test result for Mr. Arana on 

March 15, 2013. 

f. Mr. Arana was not added to Heath Teena's random DOT testing pool until 

March 17,2013. 

8. Regarding Mr. Faapaio Soo: 

a. Mr. Soo was added to Heath Teena's random DOT testing pool on April!, 2013. 

b. Between April 1, 2013, and April 19, :2013, Mr. Soc was a non-safety-sensitive 

employee of Heath Teena. 

9. Heath Teena's consorthun made random selections from the random pool on the 

following dates: 

a .. July 13, 2011; 

b. October 13, 2011; 

c. January 12, 2012; 

d. April 5, 2012; 

e. July 11, 2012; 

f. October 4, 2012; 

g. January 10, 2013; and 

h. April9, 2013. 

III. 

l. By reason of the foregoing circumstance(s), Heath Teena violated the fol)owing 

provisions of the Federal Aviation Regulations (14 C.F.R.): 

PAGE 05/10 

Complah1t 

In the J\.1:;J.tter of Heath T~cna, Inc. 

JE'ttl~R~Y M. HARPE~FAAATTORNEY 

TEL (425) 277-2161; FAX: (425) 227-1007 

FAA Case No. 2013WP910206. DMS No, Not A,;igne<) 

Pag~ 4 of7 
07/01/2014 05:37 4252271007 ANM7 PAGE 07/10 

a. Section 120.105, in that an employee performing a safety-sensitive function was 

not subject to a drug testing program implemented in accordance with 14 C.F.R. 

Part 120, Subpart E. 

b. Section 120.1 09(a)(2), in th.at it transferred an individual from a non-safetysemitive to a safety-sensitive function when it did not first conduct a preemployment test and receive a veri.fied negative drug test result for that individual. 

c. Section l20.109(a)(3), in that it transferred an employee from anon-safetysensitive to a safety-sensitive function listed in 14 C.F.R. Section 120.105 when it 

did not conduct a pre-employment test within the one hundred-eighty (180) day 

period preceding the transfer. 

d. Section J20.109(b)(6)(i)(B), in that it included individuals other than safetysensitive employees in its random pooL 

e. Section 120.215(a), in that an employee performing a safety-sensitive function 

was not subject to an alcohol testing program implemented in accordance with 

14C.F.R. Part 120, Subpart F. 

f. Section 120.217(c)(6)(i)(B), in that it included individuals other than safetysensitive employees in its random pool. 

2. Additionally, it appears Heath Teena violated 49 C.F.R. Section 40.45(b), in that it 

used an expired Federal Drug Testing Custody and Control Form to oonduct a DOT 

urine collection. 

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

exceed not to exceed $27,500 for each of the violations noted. 

4. Under the facts and circumstances of this case, a civil penalty of $97,050 is 

appropri.ate. 

Respectfully submitted this lst day of.Tuly, 2014. 

/~rffl_ 

i/!1· Harper . AA Attorney 

Compl~1.int 

In the Matter of J-le~nh Tt!cna, Inc. 

FAA Case N(). 2013WP9lOZ06, OMS No. Not As;igoed 

Ps.ge .S <,If 7 

JEFFREY M . .F:IA,R.r>ER,. PAA ATTORNTf.Y 

Te!,o (425) 227·2161.; PAXo (425) 227·1007 
07/01/2014 05:37 4252271007 ANM7 

ANSWER 

In accordance with Section 13.209(a) of the Federal Aviation Regulations, Heath Teena 

must answer this Complaint not later than 30 days after the date the Complaint is served. 

Failure to file an Answer within 30 days without good cau.se shall be deemed an 

admission of the truth of each allegation contained in the Complaint. 14 C.F .R. 

§ 13.209(f). 

PAGE 08/10 

Compl~l.i'nt 

In the M~.tter ~1f i".Ieath Tc.~cn::1, }Jlc. 

l.F.'FFREY M. HARJ'ER. FAA A ,~!'ORNEY 

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

FAA C.s<: No. 2013WP9l0206. OMS No. Not A.ssigned 

Pllf:e 6 of7 
07/01/2014 05:37 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Complai,nt has been served via facsimile and Certified 

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

Federal Aviation Administration 

AttJJ.: Hearing Docket Clerk, AGC,430 

Wilbur Wright Building- Suite 2Wl 000 

800 Independence A venue Southwest 

Washington, DC 20591 

Fax: (202) 493-5142 

Mr. Mark Bartlett, Esq. 

Davis Wright Tremaine, LLP 

1201 Third Avenue, Suite 2200 

Seattle, WA 98101-3045 

Tel: (206) 757-8298 

Fax: (206) 757-7298 

Dated this 1st day of July, 2014 . 

'Dana . f2u~~" St on 1 

Offi.ce of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Avenue SW 

Renton, WA 98057 

(425) 227-2164 

PAGE 09/10 

Com.plaint 

ln the M:mc:r of l-lc~th Teena., Inc. 

JEFFREY M, HAJ~.rt::.lot, FA/\ AT'I'ORNEY 

TEJ .• o (425) 227·2161; .FAX• (425) 227·1007 

FAA Case: N<~. 2013WP9J0206, DMS No. Not Assigned 

P<l.ge 7 or 7 
07/01/2014 05:37 4252271007 

;;a1 Davis'{Vrlght Iii:. Tremaine LLP 

June 13, 2014 

Federal Aviation Administration, 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

800 Independence Avenue, Southwest 

Washington. DC 20591 

Jeffrey M. Harper 

ANM7 

Federal Aviation Administration, Office of Regional Counsel 

1601 Lind Avenue S.W. 

Renton. Washington 98057 

Re: Reque~forllearing 

To Hearing Docket Clerk: 

Sultel200 

1201 Third. Avenue 

Seattle. WA 9&)01~3045 

Mlrk BArtlett 20~ 757-8298 ~I 

mark:bmtl.eu@dwt.com 

PAGE 10/10 

While Heath Teena and the FAA oontinue to engage in settlement discussions, Heath Teena 

wishes to preserve its right to a bearing and thus requests a fonnal bearing in response to the 

FAA's Final Notice ofProposed Civil Penalty, FAA CllSe No. 2013WP910206, dated June 4, 

2014. The FAA alleges violations of seven regulations relating to drug and alcohol-testing 

program requirements. See FAA Final Notice at 3. Heath Teena respectfully disputes the factual 

and legal bases ofthe'allegations because the allegations are inaccurate, and Heath Teena 

believes the calculation of any penalty should conf= to FAA Order 2150.3B, particularly with 

respect to mitigating factors. Heath Teena therefore requests a formal bearing. 

Sincerely, 

Davis Wright Tremaine LLP 

(;tJi7~ Mark Bartlett