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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WISCONSIN AVIATION, INC. 

1741 River Drive 

Watertown,Wl 53094 

Respondent 

V. 

^ ' A 2 ? 20:10 

Judge Richard C. Goodwin 

FEDERAL AVIATION ADMINISTRATION 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Complainant 

FAA Case No. 2007SW910050 

DMS No. 2010-0542 

ANSWER OF RESPONDENT WISCONSIN AVIATION, INC. 

NOW COMES the RESPONDENT, Wisconsin Aviation, Inc.,;?^ se, and hereby answers the 

Complaint of the Federal Aviation Administration as follows: 

PARAGRAPH I 

^ Admit 

PARAGRAPH H 

Admit 

Admit 

3,4,5,6. 

Admit, but only so far as each of the allegations would pertain to 14 C.F.R., FAR 119 

part 121, 125, and 135 (identified operations) and sec. 135.251(a) (identified employees). 

Denied with respect to all other operations and employees. 

7. Admit that the Agency conducted an inspection but deny for laclc of suflicient knowledge 

and information regarding any conclusion drawn. 

8. Deny 
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9. Admit 

10. Deny 

11. Admit 

12,13,14,15. . 

Deny and put Agency to its proof 

PARAGRAPH III 

1. (a) Deny that Wisconsin Aviation was required to test each employee under the facts and the 

controlling law. 

(b) Deny that Wisconsin Aviation hired the subject employees to perform safety-sensitive 

fiinctions under the facts and the controlling law. 

AFFIRMATIVE DEFENSE 

As and for an affirmative defense, Respondent, Wisconsin Aviation, Inc., alleges as follows: 

1. In the case of Patrick Harrington and Eric Rosenberg, the evidence will show that even if 

drug/alcohol tests were not performed (nor verified results received), 14 C.F.R. part 121, 

Appendix I Sec. V.A. 1 was not violated because the employees were not applicants for 

hire/rctcntion/transference under; 

(a) a 14 C.F.R. part 119 authorized operation 

(b) a 14 C.F.R. part 120 program identifying alcohol and drug testing requirements 

(c) a procedure mandated in 49 C.F.R. part 40. 

2. Regarding Mitchell E. Johnson and Adam West, Respondents dispute the Agency's claim 

that 14 C.F.R. part 121 Appendix 1 Sec. V.A. 1 was violated. These individuals were not 

hired for "safely-sensitive fiinctions" as listed in section III of this appendix. 

PENALTY CONSIDERATIONS 

While the element of intent is not necessary to the violations as alleged by the Agency, its 

absence, along with the interpretation difficulties which the language of these provisions 

presents, are factors that ought to be considered. Under the facts and circumstances, one might 

legitimately question whether the imposition of any penalty at all is appropriate. Certainly a 

$20,000 civil penalty against a small company, in these economic times, would be unjustly harsh. 
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WHEREFORE, Respondent respectfully requests that the Administrative Law Judge enter an 

order dismissing this matter. Alternatively, if a violation is found to have occuired, a more 

appropriate penalty - most consistent with the facts and circumstances of this case - should be 

imposed. 

Dated this /<^ ^ day of July, 2010. 

By: n . i'i^/y.i^ 

' D. Baum, President/CEO 

fsconsin Aviation, Inc. 

Respondent 

Wisconsin Aviation, Inc. 

1741 River Dnve 

Watertown, WI 53094 

Respondent 

(920)261-4567 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Answer of Respondent, in the Wisconsin Aviation, FAA Case No. 

2007SW910O50, has been mailed this date by Certified Mail, Return Receipt. 

The original and a copy were mailed to: 

Federal Aviation Administration 

Attention; Hearing Docket Clerk, A6C-430 

Wilbur Wright Building, Suite 2W1000 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Requested, to: 

Autumn Killingham, Complainant's Counsel 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Jeffrey Baum 

President & CEO 

Wisconsin Aviation, Inc., Respondent 

1741 River Drive 

Watertown, WI 53094 

The Honorable Richard C. Goodwin, Administrative Low Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

East Building Ground Floor, Room E12-320 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

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