08/25/2015 14:40 8472947498 FAA GLRC PAGE 01/37 

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_ _ ~--~ .· · Federal Aviation 

_ - Administration 

To d/P.&rtlfj ]?(j(ifef-~ Company. /) 

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From: /?Jn[/J111 ?d/Jdt/i{) · 

Title: iJ/)fJOLMff -

Regional Counsel's Office,AGL·7 

2300 East Devon Avenue 

Des Plaines, Illinois 60018 

,T 847-294- 7:!J/JJ 

F 847-294-7498 

Facsimile 

Date· ~ i!J/fji6 . Pages wlcovr>r. ---:!J/_ '~ J/Jn . 

RE: lfU~-/~ 
~8/25/20.15 14:40 8472947498 FAA GLRC 

SERVED: August 26,2015 

U.S. DEPARTMENT OF TRANSPORTION 

OFFICE OF liEARINGS 

WASlliNGTON, D.C. 

IN THE MATTER OF 

Michelle Kraemer 

Docket No. FAA-2015-2441 

(Civil Penalty Action) 

Agency Case No. 2015-WA-91-0066 

Complainant's Response to Respondent's Motion for Extension of Time to Answer 

!!!!.!! 

Complainant's Motion to Deem Allegations Admitted and 

Motion. for Judgment on the Pleadings or, 

in the Alternative, Motion to Limit the Jssues at Bearing to SanctioiJ 

PAGE 02/37 

NOW COMES the Complainant, the Federal Aviation Administration (hereinafter 

"FAA" or "Agency", by counsel, and pursuant to the Rules of Practice set forth in 14 C.F.R. Part 

13, Subpart G, of the Federal Aviation Regulations, and for the .reasons set :forth below, submits 

this response to Respondent's August 25, 2015 Motion for Extension. of Time to Answer and 

also the Agency moves for an order deeming the allegations set forth in the Agency's July 13, 

2015 Complmnt admitted and for judgm.ent on the pleadings or, in the alternative, an Order 

limiting the issues at hearing to sanction. In support of its motions, the Agency states as follows: 

FACTS 

1. On June 22, 2015, th.e Agency issued a Final Notice of Proposed Civil Penalty 

(FNOPCP) to Respondent for a violation of 14 C.F.R. § 120.37(n). Exhibit A-1. 

2. On July 7, 2015, Complainant filed her appeal, through counsel. Exhibit A-2. 

1 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 03/37 

3. Respondent's Counsel and the Agency Counsel had email communication on July 8, 

2015, during which Agency Counsel pointed Respondent Counsel to the Federal Aviation 

Regulations governing the JJOT Appeal process. Exhibit A"3. 

4. On July 13, 2015, the Agency served the Complaint in this matter on Respondent 

Counsel via Certified Mail as well as electronic mail, as weB as on the Hearing Docket. 

Exhibit A-4. 

5. Pursuant to 14 C.P.R. § 13.209(a), a respondent shall file a written answer to the 

complaint not later than 30 days after service of the complaint. 

6. Moreover, "failure to file an answer without good cause shall be deemed an admission of 

the truth of each allegation contained in the complaint." 14 C.F.R. § 13.209(f). 

7. On August 10, :2015, Adm.inistrative Law Judge Goodwin issued a Procedural Order in 

this case wh.ich reiterates the requirements of 14 C.P.R. § 13.209 and explicitly explains 

that "'Respondent must .tile a written Answer or motion within thirty (30) days after 

service of the Complaint ... [and] failure to file an Answer without good ca.use is deemed 

an admi.ssi.on of each allegation in the Complaint. .. " 

8. Based on the foregoing, Respondent was required to fi.le his answer no later than August 

12, 2015. 

9. On August 24, 2015, Respondent Counsel filed a Motion for Extension of Time to 

Answer. To date, the Respondent has failed to file an answer to the Agency's Complaint. 

10. Respondent Counsel states he returned to the country and received actual notice of the 

Complaint on July 27,2015, with 16 days left to file a timely answer. 

2 
08/25/2015 14:40 84729<!.?498 FAA GLRC PAGE 04/37 

11. On July 29,2015, Respondent Counsel requested the releasable portions of the Agency's 

Enforcement Investigation Report (EIR), which the Agency provided on August 3, 2015, 

all via emaiL Exhibit A -5. 

ARGUMENT 

TI1e Agency respectfully requests that Respondent's Motion be denied for lack of good 

cause. Furthermore, the allegations in the Complaint should be deemed admitted because the 

Respondent has failed to file an answer to the Complaint in a timely mam1er. The Regulations at 

14 C.F.R. § 13.209 provide that a respondent shall file an answer to the complaint within 30 

days after service of the complaint. This language, clear on its face, places an affirmative duty 

upon the Respondent to :file an answer in a timely manner. The necessity to file a timely an.swer 

is not an option for a respondent but a duty imposed by regulation. Furthermore, there is no 

discretion provided by regulations for the Respondent to file an answer beyond the stated 

deadline. Thi,s section also provides that failure to file an answer ''without good cause shall be 

deemed an admission of the truth of each allegation contained in the complaint.'' Again, the 

regulations permit no lenience absent a showing of good cause, 

Respondent has yet to file an. answer to the Agency's Complainant, and is clearly 

disregarding her responsibility under 14 C.F.R. § l3.209(a). The Agency timely served its 

complaint on the Respondent on July 13, 2015, by certified mail and also provided Respondent 

Counsel with a Courtesy Copy via email. This occurred after Respondent fi.led a timely Appeal 

on July 7, 2015. When Respondent fi.led her appeal, she was awa1~e of the regulations and should 

have been anticipated that the Agency would file its Complainant and, therefore, an Answer 

would be required. Respondent Counsel's lack of presence in the country until July 27, 2015 

does not justifY good cause for an untimely answer. Respondent should have either prepared the 

3 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 05/37 

answer prior to his absence or, even after Respondent Counsel returned, he had 16 days to still 

file a timely answer. Moreover, after his reasonable request for the releasable portions of the 

EJR, Agency Counsel provided said documents via email on August 3, 2015. After receipt of 

these documents, Respondent still had nine (9) days to file a timely answer. Respondent has 

failed to show good cause for the delay in thi.s case. 

Under the above circumstances, and in light of the Administrator's precedent, See, e.g., 

In the Matter of Donald M Missirlian, FAA Order No. 97-19 at 1 (May 22, 1997), In the Matter 

of Barnhill, FAA Order No. 92-32 at 6, (May 5, 1992), In The Matter of Michael Kilduffi, 2011 

WL 1483974 (April18, 2011), which found no error with a law judge granting amotion on the 

pleadings when an answer to a complaint is untimely filed (coupled with the absence of good 

cause for the failure of a Respondent to timely file an answer), the Respondent's August 25, 

2015 Motion should be denied and the allegations in the present complaint should be deemed 

admitted. 

Additionally, under FAA Order 2150.3B, Compliance and Enforcement Program, 

Sanction Guidance Table, the Agency is seeking an eleven thousand dollar ($11,000) civil 

penalty, which is within the recommended sanction range for the violations alleged. By 

Respondent's failure to timely file an answer, the Respondent has provided no mitigating 

circumstances such that any reduction ofthe proposed sanction may be found. 

4 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 05/37 

WHEREFORE, the Administrator hereby respectfully requests 

(a) the denial of Respondent's Motion For Extension of Time to Answer; 

(b) the issuance of an Order granting the Agency's motion deeming the admission by the 

Respondent of the truth of the allegations contained in the complaint; 

(c) judgment on the pleadings be entered in favor of the Agency or, in the alternative, the 

Agency requests that any hearing in this matter be limited to the issue of sanction 

only. 

Respectfully submitted, 

~~tJ:W~ fre)~:(:5 Complainant's Counsel 

Great Lakes Region, AGL-7M 

Federal. Aviation Administration 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

Telephone: 

Facsimile: 

Electronic Mail: 

E~hibit 

847-294-7313 

847-294-7498 

briana.martino@faa.gov 

Docume!]t 

A-1 Final Notice of Proposed Civil Penal tv 

A2 Respondent's Appeal 

A-3 Email Communications on July 8, 20 15 · 

A-4 Complaint 

A·S Ernail Communications regarding EIR 

5 

Date of Document Number of 

Pa!!es 

June22, 2015 4 

July 7, 2015 2 

July 8, 2015 3 

Jttly 13, 2015 9 

July 29 and August 3, 3 

2015 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 07/37 

CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing Motion. by mailing copies 

thereof, as follows 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl 000 

FAX: 202-493-5141 

ONE COPY 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-5121 

FAX: 202-366-7536 

Brian Lawler 

1551 9th Avenue 

San Diego, CA 92101 

FAX: 619-231-4984 

Dated this 26th day of August, 2015 

c0 .c/jcyJ)~ Great Lakes 

Legal Technician 

6 

Regular Mail & Facsimi.le 

Regular Mail & Facsimile 

Regular Mail & Facsimile 
08/25/2015 14:40 

U. S. Dopartmont 

of J;'tansportation 

l'edera! Aviation 

Admini.stra.t.ion 

June 22, 2015 

In Reply 

Refer to: 

8472947498 

AGL"7M 

2015-W A-9H066 

FAA GLRC 

Great La.kes Region 

2300 f..ast Devon Avenuo 

Des P!ames, illinois 6~0!$-4696 

PAGE 08/37 

Area Code 847 294-7313 

!ffiGULAR & CERTIFIED -RETURN RECEIPT REQUESTED 

TO: Michelle Kraemer 

988l1asper DJ:-.ive 

Commerce City, CO 80022-9899 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On Apri115, 2015, you were advised through a Notice of Proposed. Civil Penalty that the 

FAA proposed to assess a civil penalty against you in the amount of$11,000. 

As ofthis date, we have received no response to this Notice. Therefore, after considerati.on. of 

all of the available information, it has been determined tl1at: 

1. You now hold, and at all relevant times held, Flight Attendant Certificate 

Number 3281461. 

2. At all relevant times, you were employed by Republic Airlines (Republic), a 

Part 119 certificate holder autbodzed to operate under Part 121 of the Federal 

Aviation Regulations. 

3. At all relevant times, Republic was the holder of Air Carrier Certificate 

Number R61A758X. 

4. At all relevant times, Republic had an Anti -<!rug and Alcohol Misuse Prevention. 

Program in place in accordance with )4 C.F.R. Part 120. (Republic's Policy) 

5. An employee performing flight crewmember duties fur Republic performs a 

safety-sensitive function and is a covered =ployec subject to testing pursuant to 

14 C.P.R. Part 120 and Republic's Policy. 

6. On or Bbout February 14, 2011, yell acknowledged receipt and understanding of 

Republic's Policy. 

7. On January 16, 2015, you were assigned to ~erve as a Flight Attendant (FA) on Exhibit A-t 

civil aircraft N508LX, on the following flights: Agency Response to Motion for Extenoion 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 09/37 

a. Flight No. 4926 from Denver International Airport (DEN) to Eagle 

County Regional Airport (EGE); 

b. Flight No. 4946 from EGE to DEN; 

c. Flight No. 4946 from DEN to Wichita Dwight D. Ei.seohower 

National Airport (ICT); 

d. Flight No. 4869 from ICT to DEN. 

8. Republic is authorized to operate the above aircraft, N508LX, in Part 121 air 

carrier service. 

9. On January 16,2015, you reported for duty to perform safety,sensitive functions, 

acting as a FA. 

10. You performed safety-sensitive functions as a FA on all four of the above 

mentioned flights. · 

11. During the final flight from ICT to DEN (the flight), you made an annmmcement 

that was incoherent, inappropriate, and slurred. 

12. Concerned about your behavior, the Captain spoke to you over the intercom 

and you stated that you were "back here partying and having fun" with your 

passengers. 

13. When asked about your beh<lvior, the other Flight Attendant onbo<ltd N508LX 

reported to the Captain that you were having trouble maintaining your balance 

and making coherent announcements. 

14. You then also allowed a passenger to make a public announcement. 

15. The Captain notified Republic about your behavior. 

16. At 1755 MST, when N508LX arrived at DEN, Base Manager and lnflight 

Services Supervisor James Brickell met the Captain at the gate and the Captain 

notified Mr. Brickell about your behavior. .. 

17. Mr. Brickell boarded the aircraft and began a conversation with you. 

18. Mr. Brickell observed your lack of balance and sluu:ed speech and could also 

smell the odor of alcohol on your breath. 

19. While still onboard the aircraft, Mr. Brickell contacted Republic's Designated 

Employee Representati.ve Tern Skowronek on his mobile phone and Ms. 

Skowronek requested to speak to you on speakerphone. 

20. As you denied that you had been drinking, on speakerphone, Ms. Skowronek 

heard you slur your words. 

2L Mr. Brickell and Ms. Skowronek agreed that. there was cause to require a DOT 

reasonable suspicion alcohol test be perfonn ed on you. 

Exhlbit A-1 

Agency Re~ponse ~o Motion for Extension ........... ~ . 
08/25/2015 14:40 

23. 

24. 

25. 

26. 

27. 

28. 

29. 

30. 

31.. 

8472947498 FAA GLRC 

Both .Mr. )...Jbkell and Ms. Skowronek were trained:1

.J:b.ak:e reasonable 

suspicion and cause determinations. 

Mr. Brickell escorted you to his office to await testing. 

PAGE 10/37 

At 1835 MST, the Collector/Breath Alcohol Technician (BAT) arrived at Mr. 

Brickell's office. 

After arriving in Mr. Brickell's office, the BAT noted that she could smell the 

odor of alcohol, that your gait was uneven, and that you had begun to urinate. 

You submitted to a Breath Alcohol Test conducted by a certi£i,ed BAT, 

utilizing Intoximeter RBT IV I Alco Sensor IV EBT device, serial number 

009350, at 1839 MST on January 16,2015. 

The :results of that test indicated an alcohol concentration of .123 percent 

After the initial test, the BAT advised you that a confirmation test would be taken 

in 15 minutes, that you were to remain in the room with the BAT, and that you 

should not eat, drink, or belch. 

During the 15 rninute wait period, the BAT observed you "gurgling" or 

"suppressing a belch" and reminded you not to cat, drink, or belch. 

You then submitted to a confirmation test and the results indicated alcohol 

cov.centration of.211 percent at 1856 MST. 

By reason of the facts and circumstances set forth above, you reported for duty 

and acted as a crewmember, which requires tbe performance of safety-sensitive 

fuJJctions, when you bad a breath alcohol concentration of .04 or greater. 

By reason of the foregoing circumstances, it you violated the following Federal Aviation 

Regulation: 

l4 C.F.R § 120.37(n) which provides that no covered employee shall report for duty 

or remain on duty requiring the performance of safety-sensitive functions while having 

an alcohol concentration of 0.04 or greater. 

In accordance with Title 49 of the United States Code, Section 4630l(a) and (d) (49 U.S.C. 

§46301), you are subject to a civil penalty not to exceed $10,000 for each violati,ou of the 

regulati,ons. Then:foTe, by reason of the foregoing facts and circumstances, we propose to 

assess a civil penalty in the amount of$1l.,OOO. 

Within fifteen (15) days after your receipt of this Final Noti.ce of Proposed Civil Penalty, you 

must el"ct to either submit the full civil penalty amount of $11,000 or request a formal 

hearing. If you fail to respond with ou,e of these alternatives, an Order AssessiJJg Civil 

Penalty, requJxi,ngpayroent of the full amount of the proposed civil penalty, will be issued. 

Should you elect to submit the civil penalty, please mail or deliver a certified check or money 

order, payable to 1he Federal Aviation Ad.roinistrat\o11, Office of Regional Counsel, 2300 BllSt 

Devon Avenue (AGL-7, Room 479), Des Plaines, lllinois 60018. 

3 

Exhibit A-1 

Agency Response to Motion fo~ ~~~s.i?~ 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 11/37 

In the alternative, you may pay your civil penalty with a credit card., or a bank account debit, 

over the Internet. To pay electronicaUy, visit the web site at https://www.pay.gov. Under the 

Search Public Fonns option, type in "l'GL"FINEL" Click on "Civil Penalty PaymentsGreat Lakes Region". You must then complete tbe requested infm:mation and click 

"Continue." You will then be directed to enter your credit card. or bank account debit 

information. To use the bank account debit, you will need your bank routing number, account 

number, and cbeck number. 

Should you elect to request a formal hearing, you must file a typewritten or legibly 

handwritten request for hearing with the hearing docket clerk at: Hearing Docket, Federal 

Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, 

Attention: Hearing Docket Clerk, AGC-430, Wilber Wright Building- Suite 2Wl 000. You 

must also mail a copy of your request for hearing to the undersigned attorney at the address 

provided in the previous paragraph. 

Your request must be dated and signed, in accordance with Section 13.16 of the Federal 

Aviation Regulations (14 C.F-R. 13.16), a copy of which was sent to you with the Notice of 

Proposed Civil Penalty. 

Jeffrey A. Klang 

Regional Counsel 

BY: lilffv~~~-- Briana Martino 

Federal Aviation Administrati.o.u 

Regional Counsel, AGL-1M: 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Phone: (84 7) 294" 7313 

Facsimile: (847) 294-7498 

Exhibit A-1 

Agency Respona~ tl:l Motion for Extension 
08/25/2015 14:40 8472947498 FAA GLRC 

PILOT LAW, P.C. 

July7,2015 

VIA US. MAIL 

Hearing Docket, :Federal Aviation Administration 

800 Independence Ave. S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430 

Wilber Wright Building 

Suite 2W1 000 

Re: Michelle Kraeme:r 

AGL-7M 2015 WA-91-0066 

Dea:r Docket Clerk, 

Bri1111 J. Lawlct 

Altortley 

)),itect: 619.255.239f\ 

blawler@pilothwcorp.cotn 

PAGE 12/37 

Please be advised that the undersigned represents Ms. Michelle Kraemer regarding the 

above-referenced Final Notice of Proposed Civil Penalty. Pursuant to 14 C.F.R. § 13.16, 

please accept this letter as Mr. Kraemer's request for a formal heating. 

Kindly address all correspondence relating to this matter to the undersjgned. Thauk 

you in advanoo for your cooperation. 

Best Regards, 

~~ Brirull . .Lawler, Esq. 

Cc: Ms. Briana Martino, Esq. 

FAA Office ofRegj.onal Counsel 

2300 E. Devon Ave. 

(AGL-7, Room 479) 

Des Plaines, IL 60018 

1551 9'1

' 11 AV''ENUE • $,1\N DIEGO, CA • 9Z101 

PHONE, S<6.512.24GS • FAX, G!9.z:lH9S1 

Exhibit A·2 

Ageney P.t!sponse ro Motion for Ext~nsion ..., ....... ~ 
LAW 

NAL CORFORATION 

venue 

 CA 92101 

Ms. Briana Martino, Esq. 

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08/25/2015 14:40 

From: 

To: 

subject: 

Date: 

8472947498 

Martin~, Sriana (FAA) 

"Brian Lawler" 

RE: t-1ichelle Krnemer, "2015~WA-91-0066 

Wednesd~y, July OS, 2015 2:47:00 PM 

FAA GLRC 

Got it1 thanks. We'll hear from DOT assigning the case and can go from there. I look forward to I 

working With you, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) Z94-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

th<t are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any in-formation contained in this email. 

From: Srian Lawler [mailto:blawler@pilotlawcorp.com] 

Sent: Wednesday, July 08, 2015 2:20 PM 

To: Martino, 6rlana (FAA) 

Subject: Re: Michelle Kraemer, 2015-WA-91-0066 

I should have been more clear, I sent both letters as set forth in the notice. Sorry .. let me 

know if you want a courtesy copy via as well. 

Brian J. Lawler 

Pilot Law, P .c. 

1551 9th Ave. 

San Diego, CA 92101 

619.255.2398 

blawler@pilotlawcorp com 

Sent from my Sprint phone. 

----- Reply message ----· 

From: Brjapa Martjno@faa goy 

To: <blawler@pilotlawcoro com> 

Subj<>ct: Michell<> Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 12:15 PM 

Briat11 

PAGE 14/37 

EXhibit A-:3 

Agency Response to Motion for Extenair;m 

Page 1 Of 3 
08/25/2015 14:40 8472947498 FAA GLRC 

Sorry 1 missed your call. Take a look at the instructions for appealing in the notice. Ms. Kraemer's 

request actually needs to go to the Hearing Docket Clerk with a copy to me. Here is the 

information: 

Should you elect to request a formal hearing, you must file a typewritten or 

legibly handwritten request for hearing with the hearing docket clerk at: 

Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, 

S.W., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, 

Wilber Wright Building- Suite 2W1000. You must also mail a copy of your 

request for hearing to the undersigned attorney at the address provided in 

the previous paragraph. ' 

Your request must be dated and signed, in accordance with Section 13.16 of 

the Federal Aviation Regulations (14 C.F.R. 13.16), a copy of which was sent 

to you with the Notice of Proposed Civil Penalty. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA"Great lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847)294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which ore 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief C:ounsel before disclosing any information contained in this email. 

From: Brian Lawler [mailto:blawler@pilotlawcorp.com] 

Sent: Wednesday, July 08, 2015 2:08 PM 

To: Martino, Briana (FAA) 

Subject: Re; Michelle Kraemer, 2015-WA"91-0066 

Ms. Martino, 

Thanks for the follow up note and Notice. I sent Ms. Kraemer's request for formal hearing 

to you yesterday but can email you a copy later if you like. 

I look forward to working with you on this case. 

8est, 

Brian J. Lawler 

PAGE 15/37 

Exhibit A·3 A~ency R~spoM.e to Motion for Extension 

Page 2 of3 
08/25/2015 14:40 

Pilot Law, P .C. 

1551 9th Ave, 

8472947498 

S;;m Diego, CA 92101 

619.255.2398 

blal\tler@pilotlawcoro CQOO 

Sent from my Sprint phone. 

,---- Reply message -----

From: Briana Martioq@faa ilOY 

To: <blawler@pilotlawcoro.com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 11:46 AM 

Dear Mr. Lawler, 

FAA GLRC PAGE 15/37 

1 received your voice mail dated July 7, 2015 stating you will be representing Ms. Kraemer. 

returned your call today, however, 1 believe you are out of the office through Friday. Please see 

attached Final Notice of Proposed Civil Penalty and feel free to contact me with any questions. 

Sincerely, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 2.94-82.75 

Fax: (847) 294-7498 

This communication mi§i:ht contain communications between attorney and client, comlnunications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contai~ed in this email. 

Be:hibit A-3 

Agency Response to Moll on for EXt!:!r'ISion 

Pag~3of3 
08/25/2015 14:40 

from: 

To: 

subj@'ct: 

DeWt 

8472947498 

Martlno, Brl~na {FAA) 

''BtjFIJO 1 aw!er" 

1\E: Michelle Kta~m~r, 2015-WA-91-0066 

W~dnesday, July 08, 2015 2:47:00 PM 

FAA GLRC 

Got it, thanks. We'll hear from DOT assigning the case and can go from there. I look forward to 

working with you, 

Briona Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: {847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Brian Lawler [mallto:blawler@pllotlawcorp.oom] 

Sent: Wednesday, July 08, 2015 2:20PM 

To; Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 2015-WA-91-0066 

I should have been more clear, I sent both letters as set forth in the notice. Sorry .. let me 

know if you want a courtesy copy via as well. 

Brian J. Lawler 

Pilot Law, P .c. 

1551 9th Ave. 

San Diego, CA 92101 

619.255.2398 

blawler@pjlotlawcorp com 

Sent from my Sprint phone. 

""'"" Reply message -----

From: Briana Martjno@faa.gay 

To: <blawler@pilotlawcorp,com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 12:15 PM 

Brien, 

PAGE 17/37 

Exhibit A·3 

A!';lency Response to Motion for Extl!:nslon 

Page 1 of3 
08/25/2015 14:40 8472947498 FAA GLRC 

Sorry I missed your calL Take a look at the instructions for appealing in the notice. Ms. Kr<:~emer's 

request actually needs to go to the Hearing Docket Clerk with a copy to me. Here is the 

information: 

Thanks, 

Briana Martino 

Should you elect to request a formal heoring, you must file a typewritten or 

legibly handwritten request for hearing with the nearing docket clerk at: 

Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, 

S.W., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, 

Wilber Wright Building- suite 2WlOOO. You must also mail a copy of your 

request for hearing to the undersigned attorney at the address provided in 

the previous paragraph. 

Your request rnust be dated and signed, in accordance with Section 13.16 of 

the Federal Aviation Regulations (14 C.F.R. 13.16), a copy of which was sent 

to you with the Notice of Proposed Civil Penalty. 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaihes, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

PAGE 18/37 

This communication might contain communications between 0ttorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From1 Brian Lawler [mailto·blawler@pilotlawcoro,com] 

Sent: Wednesday, July OS, 2015 2:08 PM 

To: Martino, Briana (FAA) 

Subject• Re: Michelle Kraemer, 2015-WA-91-0066 

Ms. Martino, 

Thanks for the follow up note and Notice. I sent Ms, Kraemer's request for formal hearing 

to you yesterday but can email you a copy later if you like. 

I look forward to working with you on this case. 

Best1 

Brian J. Lawler 

ExhibitA-3 

Agency Response to MOI;ion for Extension 

P6ge 2 of3 
08/25/2015 14:40 

Pilot Law, P.C. 

1551 9th Ave. 

8472947498 

San Diego, CA 92101 

619.255.2398 

blawler@Qilotlawcorp com 

Sent from mv Sprint phone. 

----- Reply message -"-· 

From: Briana Martjno@faa goy 

To: <plawlet®0 jlotlawcorp com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 11:46 AM 

Dear Mr. Lawler, 

FAA GLRC PAGE 19/37 

I received yourvoicemail dated July 7, 2015 stating you will be representing Ms. Kraemer. 

returned your call today, however, I believe you are out of the office through Friday. Please see 

attached Final Notice of Proposed Civil Penalty and feel free to contact me with any questions. 

Sincerely, 

Briana Martino 

Attorney, Office of Regional counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult With 

the Office of Chief Counsel before disclosing any information contained in this email. 

Exhibit A·3 

Agency Response to Motion for extension 

Page 3 of~ 
08/25/2015 14:40 

From: 

To: 

Subj~ct: 

DDte: 

8472947498 

Martino, Brla11a (FAA) 

"Bdgn! "»'lcr" 

RE: Michelle Kraemer, ~01S·WA·91,Q066 

wedMsdi!ly, July oe, 2015 2.:47:00 PM 

FAA GLRC 

Got it, thanks. We'll hear from DOT assigning the case and can go from there. I look forward to 

working with you, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 Eas·t Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this emoil. 

From: Brian Lawler [mailto:blawler@pllo~awcorp.com] 

Sent: WednesdBy, July OS, 2015 2:20 PM 

To: Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 20 15-WA-91-0066 

I should have been more clear, I sent both letters as set forth in the notice. Sorry • .let me 

know if you want a courtesy copy via as well. 

Brian J. Lawler 

Pilot Law, P.C. 

1551 9th Ave. 

San Diego, CA 92101 

619.255.2398 

blawler@pilotlawcoro.com 

Sent from my Sprint phone. 

----- Reply message ···--

From; Briana Man;jno@faa.gay 

To: <blawler@pjlotlawcoro com> 

Subject: Michelle Kra"m"r. 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 12:15 PM 

PAGE 20/37 

ExhlbltA3 

Agency R€!5ponse to Motion ror E:xtension 

F'a~e 1 of 3 
08/25/2015 14:40 8472947498 FAA GLRC 

Sorry 1 missed yo~r call. Take a look at the instructions for appealing in the notice. Ms. Kraemer's 

request actually needs to go to the Hearing Docket Clerk with a copy to me. Here is the 

information: 

Should you elect to request a formal hearing, you must file o typewritten or 

legibly handwritten request for hearing with the hearing docket clerk at: 

PAGE 21/37 

Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, 

s.w., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, 

Wilber Wright Building~ Suite 2W1000. You must also mall a copy of your 

request for hearing to the undersigned attorney at the address provided in 

the previous paragraph. 

Your request must be dated and signed, in accordance With Section 13.16 of 

the Federal Aviation Regulations (14 C.F.R. 13.16), a copy of which was sent 

to you with the Notice of Proposed Civil Penalty. 

Th•nks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

"·-· ~· 

from: Brian Lawler [mailtc;blaw!er©pilptlawcorn.com] 

Sent: Wednesday, July OS, 2015 2:08 PM 

To: Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 2015-WA-91·0066 

Ms. Martino, 

Thanks for the follow up note and Notice. I sent Ms. Kraemer's request for formal hearing 

to you yesterday but can email you a copy later if you like. 

I look forward to working with you on this case. 

Best, 

Brian J. Lawler 

Exhibit A-3 

Agency Response to Motion for Extension 

Page 2 afJ 
08/25/2015 14:40 

Pilot Law, P.C. 

1551 9th Ave. 

8472947498 

San Diego, CA 92101 

619.255.2398 

blawler@pjlotlawcoro.com 

Sent from my sprint phone. 

----- Reply message -----

From: Briana Martiqo@fqa goy 

To: <blawlgr®pjlotlawcorp.com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Ju! 8, 2015 11:46 AM 

Dear Mr. Lawler, 

FAA GLRC PAGE 22/37 

I received yourvoicemail dated July 7, 2015 stating you will be representing Ms. Kraemer. 

returned your call today, however, I believe you are out of the office through Friday. Please see 

attached Final Notice of Proposed Civil Penalty and feel free to contact me with any questions. 

Sincerely, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) Z94-7498 

This communication might contain communications between attorney and client, communications 

that are part of the sgency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the <Jgencvor to the public, Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

Exhibit A-3 

Agency R:t!sponse lo Motion for !;:xtension 

Pa~e 3 of~ 
08/25/2015 14:40 

from; 

To! 

subject: 

Date; 

Martino1 Briana (f'AA) 

"Brian Lawler" 

Rf:: Michelle Krnemer1 2015-WA-91-00156 

Wednesday, Jury as, 2.01s 2:47:00 PM 

FAA GLRC PAGE 23/37 

Got it, tha~ks. We'll heor from DOT assigning the case and can go from there. I look forward to 

working with you, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Brian Lawler (mailto:blawler@pilotlawcorp.com) 

Sent: Wednesday, July 08, 2015 2:20 PM 

To: Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 2015·WA·91·0066 

I should have been more clear, I sent both letters as set forth in the notice. Sorry .. let me 

know if you want a courtesy copy via as well. 

Brian J. Lawler 

Pilot Law, P.C. 

1551 9th Ave. 

San Diego, CA 92101 

619.255.2398 

blawlet@pjlotlawcqrp.com 

Sent from my Sprint phone. 

·--- Reply message --·-

From: Briana Martjno@faa.gpy 

To: <blawler@pilotlawcorp.cqm> 

Subject: Michelle Kra.,m<!r, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 12:15 PM 

Brlan, 

E)(hibl~ A-3 

A!Jenoy Response to Motion 'for Extension 

F'e~e 1 of 3 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 24/37 

Sorry 1 missed your calL Take a look at the instructions for appealing in the notice. Ms. Kraemer's 

request ~ctually needs to go to the Hearing Docket Clerk with a copy to me. Here is the 

information: 

Should you elect to request a formal hearing, you must file a typewritten or 

legibly handwritten request for hearing with the hearing docket clerk at: 

Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, 

s.w., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, 

Wilber Wright Building- Suite 2W1000. You must also mail a copy of your 

request for hearing to the undersigned attorney at the address provided in 

the previous paragraph. 

Your request must be dated and signed, in accordance with Section 13.16 of 

the Federal Aviation Regulations (14 C.F.R. 13.16), a copy of which was sent 

to you with the Notice of Proposed Civil Penalty. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Pla'~nes, I L 60018 

Phone: (847) 294-827S 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Brian Lawler [mailto·hlaw!er@pilotlaWcorQ com] 

Sent: Wednesday, July 08, 2015 2:08 PM 

To: Martino, Briana (FAA) 

Subject: Re: Michelle Kraemer, 2015-WA-91-0066 

Ms. Martino, 

Thanks for the follow up note and Notice. I sent Ms. Kraemer's request for formal hearing 

to you yesterday but can email you a copy later if you like. 

I look forward to working with you on this case. 

Best, 

Brian J. Lawler 

Exhibit A·3 

Agency Respons~ to Motion for Extension 

Page 2 of3 
08/25/2015 14:40 

Pilot Law, P .c. 

1551 9th Ave. 

8472947498 

San Diego, CA 92101 

619.2.55.2398 

blawler@RiiQtlawcgrl;l J;QID 

Sent from my Sprint phone. 

----- Reply message -·---

From: Brjana.Martjno@faa eov 

To: <blawler@l;lilotlawcorp.com> 

Subject: Michelle Kraemer, 2015-WA-91-0066 

Date: Wed, Jul 8, 2015 11:46 AM 

Dear Mr. Lawler, 

FAA GLRC PAGE 25/37 

I received your voicemail dated July 7, 2015 stating you will be representing Ms. Kraemer. 

returned your call today, however, I believe you are out of the office through Friday. Plei>se see 

i>ttached Final Notice of Proposed Civil Penalty and feel free to contact me with any questions. 

Sincerely, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2.300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communicar1ons between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any informstion contsined in this email. 

~xhlblt A·S 

Ag~ncy Response to Motion for E;l(tenslon 

Page 3 of 3 
08/25/2015 14:40 

U.S. Departrngnt 

of Tr<lnSI:lortation 

Federol Aviolion 

Admini.trolion 

July 13, 2015 

In Reply 

Refer to: 

CERTIFIED 

Hearing Docket 

8472947498 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl000 

FAA GLRC 

Great Lijkes Region 

2300 E. De11on Avenue 

De$ Plaines, IL 60018 

E: brlana.martino@.f!il.::;~.gQv 

p: (847) 294-T.J13 

F : (847) /~4·7496 

Rc: Michelle Kraemer 

FAA Case No.: 2015-WA-91-0066 

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

the Complaint in the above-referenced proceeding. 

PAGE 25/37 

The FAA requests that the hearing in this tnatter be held in Denver, Colorado, md expects that 

the hearing wiJllast two days. 

Please address all communications for the FAA to the undersigned 1at: 

F cderal Aviation Administration 

Regional Counsel (AGL-7) 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Sincerely, 

~:~)}&~/t-' 

Encl: Request for Hearing 

Complaint 

cc: Brian .T. Lawler 

1551 9'" Avenue 

San Diego, CA 92101 

Briana Martino 

Attorney 

Exhibit A-4 

Agency Response to MotloH for Extension 

Page1ofg 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 27/37 

X hereby certifY that I have, this <late, served the foregoing Complaint by mailing the following copies, 

Certified Mail (Return Receipt Requested): 

Qriginal and 1 CQpy: 

Yol 

Leg Technician. 

FAA, Great Lakes Region 

Hearing Docket 

federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-43 0, Wilber Wright Build.lng 

S\lite 2Wl000 

l3rian J. Lawler 

1551 9th Avenue 

San Diego, CA 92101 

Exhibit A-4 

Agl!lncy Respans.e to Motion for E:xt!:!nSion 

F'ag!!: 2 of 9 
08/25/2015 14:40 8472947498 FAA GLRC 

• .,.,,,,_,.,~ .... "~---·--·-··' ., • w,•-• _,_,_, __ -···· --···-·· -.-··--·-----·-··-----·- _,_- ·-··-' --·· ' ' 

U.S. DEl.>ARTMENT OF TRANSPORTATION 

OFFICE OF HEARlNGS 

WASHINGTON, D.C. 

IN THE MA TIER OF 

Michelle :Kra=er 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

DMS NO. (not assigned) 

FAA CASE NO. 2015-WA-91-0066 

COMPLAINT 

The Federal Aviati.on Administration (FAA), by counsel, h~reby files its Complaint, 

pursuant to Rule 208 ofl:h.e Rules ofPractice (14 C.F.R. 13.208), and states as follows: 

I. Facts 

PAGE 28/37 

1. Respondent now holds, and at all relevant times held, Flight Attendant Certificate 

Number 3281461. 

2. At all relevant times, Respondent was employed by Republic Airlines (Republic), 

a Part 119 certificate holder authorized to operate under Part 121 of the Federal 

Aviation Regulations. 

3. At all relevant times, Republic was the holder of Air Carrier Certificate Number 

R61A758X. 

4. At all relevant times, Republic had an Anti-drug and Alcohol Misuse Prevention 

Program in place in accordance with 14 C.F.R. Part 120. (Republic's Policy) 

5. An employee performing flight crewm=ber duties for Republic performs a safetysensitive functiou. and is a covered employee subject to testing pursuallt to 14 C.F .R. 

Part 120 and Republic's Policy. 

6. On or about February 14, 2011, Respondent acknowledged receipt and 

lmderstanding of Republic's l>olicy. 

7. On January 16, 2015, Respondent was assigned to serve as a Flight Attendant (FA) 

on civil aircraft N508LX, on the following flights: 

Exhibit A-4 

Agency Response to MOI;ion for E.:ortenslon 

Page 3 of 9 

i 
08/25/2015 14:40 8472947498 FAA GLRC 

a_ J:']_ight No. 4926 from Denver International Airport (DEN) to Eagle 

County Regional Airport (EGE); 

PAGE 29/37 

b. Flight No. 4946 from EGE to DEN; 

c. Flight No. 4946 from DEN to Wichita DV(ight D. Eisenhower National 

Airport (ICT); 

d. Flight No. 4869 from ICT to DEN. 

S. Republic is ~mtbori.zGd to operate the above aircraft, N508LX, in Part 121 air 

carrier service. 

9. On January 16, 2015, Respondent reported for duty to perform safety-sensitive 

functions, acting as a FA10. Respondent perfonned safely-sensitive functions as a FA on all four of the above 

mentioned flights. 

11. During the final. flight from.ICT to DEN (the flight), Respondent made an 

announcement that was incoherent, inappropriate, and slurred. 

12. Concerned about your behavior, the Captain spoke to Respondent over the 

intercom and Respondent stated that Respondent was "back here partying and 

having fun" with Respondent's passengers. 

13. When asked about Respondent's behavior, the other Flight Attendant onboard 

N508LX reported to the Captain that Respondent was having trouble maintaining 

Respondent's balance and making coherent announcements. 

14. Respondent then. also allowed a passenger to make a public announcement. 

15. The Captain notified Republic about Respondent's behavior. 

16. At 1.755 MST, when N508LX arrived at DEN, Base Manager and Inflight 

Services Supervisor James Brickell met the Captain at the gate and the Captain 

notified l\1r. Brickell about Respondent's behavior. 

17. Mr. Brickell boarded the aircraft and began a conversation with Respondent. 

18. Mr. Brickell observed Respondent's lack ofbalance and slurred speech and coU:ld 

also smeU the odor of alcohol on Respondent's breath. 

19. While still onboard the aircraft, Mr. Brickell contacted Republic's Designated 

Employee Representative Terri Skowronek on his mobile phone and Ms. 

Skowronek requested to speak to Respondent on speakerphone. 

20. As Respondent denied that Respondent had been dripking, on speakerphone, Ms. 

Skowronek heard Respondent slur her words. 

Exhlbll A·4 

Agt!nc:y Response to MOI;ion for Extension 

Page 4 of 9 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 30/37 

·' ,, -.,.,.-, -- --·-'· --.----~ . ·• '' ···--c··-··-····-.. --.,. ... 

21. Mr. Brid::ell and Ms. Skowronek agreed that there was cause to require a DOT 

reasonable suspicion alcohol test be perform.ed on. Respondent. 

22. Both Mr. Brickell and Ms. Skowronek were trained to make reasonable suspicion 

and cause detenninations. 

23. Mr. Brickell escorted R~spondent to his office to await testing. 

24. At 1835 MST, the Collector/Breath Alcohol Techni9ian (BAT) arrived at Mr. 

Brickell's office. . 

25. After arriving in Mr. Brickell's office, the BAT noted that she could sr:nell. the 

odor of alcohol, that Respondent'~ gait was uneven, and that Respondent had 

begun to urinate. 

26. Respondent submitted to a Breath Alcohol Test conducted by a certified BAT, 

utilizing Intoximeter RBT !V/Alco Sensor IV EBT device, serial number 009350, 

at 1839 MST on January 16, 2015. 

27. The results of that test indicated an alcohol concentration of .123 percent. 

28. A.fter the initial test, the BAT advised Respondent that a confirmation test would be 

taken in 15 minutes, that Respondent was to remain in the room with the BAT, and 

that Respondent should not eat, drink, or belch. 

29. During the 15 minute wait period, the BAT observed Respondent "gurgling" or 

"suppressing a belch" and reminded Respondent not to eat, drink, or belch. 

30. Respondent then submitted to a confirmation test and the results indicated alcohol 

concentration of .211 percent at 1856 MST. 

31. By reason of the facts and circumstances set forth above, Respondent reported for 

duty and acted a:l a crewmember, which requires the performance of safety-sensitive 

functions, when Respondent had a breath alcohol concentration of .04 or greater. 

II. Sanction 

By reason of the foregoing f:acts and circumstances, Respondent violated Section 

l20.37(n) of the Federal Aviation Regulations. Pursuao.t to Title 49 of the United States Code, 

Section 46301 (49 U.S. C. §46301), Respondent is subject to a civil penalty not to exceed 

$11,000 for each violation alleged. Under the facts and circumstances of this case, a civil 

penalty of $11,000 is appropriate. 

Exhibit A-4 

Ag~m::y Response to Motion for Extension 

Page5of9 
BB/25/2015 14:40 8472947498 FAA GLRC PAGE 31/37 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an Order that Respondent be assessed a civil penalty in the am.omJt of$11 ,000. 

Respectfully submitted this 131

'

11 day of July, 2015. 

-.._,_ 

.:~/ 

~~a'!C'1::::!:\·cUJAf;dvc· Briana Martino 

Attomey, AGL-7M 

Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

E: briana .. martino@fila.gov 

P: (847) 294-7313 

F: (847)294-7498 

Exhibit A-4 

Ag~ncy Res pons!:! to Motion for Exl~hSioll 

PageS of9 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 32/37 

. ··"-···---·· ......... ---·------·----"""''"""' ............ ,., .. ., ___ ,_, ____________ , _____ . - ,. . ., .. ,, ___________________ , _________ ,.,, ......... ,.~- _,. ' -

CERTIFIGATE OF SERVICE 

l hereby certify that the foregoing Complaint has been mailed this date by Certified Mail, Return 

Receipt Requested, to: 

Original and One CopY: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl000 

Brian J. Lawler 

1551 9~' Avenue 

San Diego, CA 92101 

Dated this 13th day ofJuly, 2015 

. a Quiles 

l-eg echnician 

FAA, Great Lakes Region 

~>~I bit A-4 

Agency Response to Motion for E:xtenslon 

PF.!ge7of9 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 33/37 

PILOT LAW, P.C. 

July 7, 2015 

VIA U.S. MAIL 

Hearing Docket, Federal Aviation Administration 

800 Indep~.dcnce Av-e. S.W. 

Washjngton, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430 

Wilber Wtight Building 

Suite 2W l 000 

Re: Micb.elle Kraemer 

AGL-7M 201.5WA·9l-0066 

Dear Docket Clerk, 

Brian.]. Lawl~t 

Attorney 

Dl.J:ect: 619.255.2398 

1

bhwlu@pilotlawco<:p.com 

Please be advised that the undersigned represents Ms. Michelle Kraemer regarding the 

above-referenced Final Notice of Proposed Civil Penalty. l'jlrsuant to 14 C.P.R. § 13.16, 

please accept this letter as Mr. !<Jaem.er's request for a fo!IDal hearing. 

Kindly address all correspondence relating to this matter to the undersigned. Thank 

you in advance for your cooperation. 

Best Regards, 

~~ Briard. Lawler, Esq. 

Cc: Ms. Briana Martino, Esq. 

FAA Office of Regional C.mnsel 

2300 E. Devon Ave. 

(AGL-7, Room 479) 

Des Plaines, IL 60018 

1S:Sl !lTn AVENUE· SII.N DTP.GO, CA. • 9?.l0~ 

PHONE~ 8~6-S:\2.2465 .. "P(J.X~ 1519.2::i1.49e4 

Exhibit A-4 

Agency Response to Motion for Extension 

Psge a o1 g 
08/25/2015 14:40 

From~ 

Tu~ 

8472947498 

Martino, Briana (FAA.} 

"Bda n 1 awler" 

RE; Mie:hene Kraemer, 2015-WA-91-0066 

Monday1 July 131 2015 2.:11:00 PM 

FAA GLRC 

Subject! 

O~t;e; 

Attachment!il~ Kraemer Michelle 201 5-WA9]-Q066 Cpmn1.1jnt 7 13 1 S.pdf 

Mr. Lawler, 

Please see attached mailed out today. 

Sincerely, 

Br'1ana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847)294-8275 

Fax: (847) 294-7498 

PAGE 34/37 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged ond not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Marti no, Briana (FAA) 

Sent: Wednesday, July 08, 2015 2:47PM 

To: 'Brian Lawler' 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Got It, thanks. We'll hear from DOT assigning the case and can go from there. I look forward to 

working with you, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to dlsdosure outside the ~gency or to the public. Please consult witll 

the Office of Chief Counsel before disclosing any information contained in this email. 

From: Brian Lawler [mai!to;blawler@pjlotlawcorp.com] 

t=:xhlblt A-4 

Agency Responstl to Motion for E>Mnaion 

Pagrn 9 of9 
08/25/2015 14:40 

Frqm; 

To: 

S~bject; 

Dote: 

Briana, 

Got it, thanks, 

Brian 

8472947498 

B[[an I awler 

Martlnq Btjpna CfM) 

RE: Michelle Kraem'!r, 2015·WA-91-0066 

Monday, AU!,1Ust 03, 2015 3:37:45 PM 

Brian J, Lawler, Esq, 

FAA GLRC 

Pilot Law, P.C. • 1551 9th Avenue • San Diego, CA 92101 

866.5l7.,2465 (tel) • 61.9.255.2398 (dir) • 619.231.4984 (fax) 

blawler@pjlotlawcorn.com 

www pilot[awcorp com • Eacebook. Linked!o. Twitter 

PAGE 35/37 

This ~-n1.~1i.l me-;~agt~ i:'l (;ntJfi(lonti.al, inr.(:tHkrl noly fot d)('.~ rHHJ'H .. ~d r·~clpj<.:~m(~) ~md m:~y cont<1:in infnnnmion 

thHt i9 p1iv:i'l,cgl.~d .:\UOttlr:.·y~clicnf C(JT:l',ll,,lllHk'at.iclilii; wttc~rJ.1Cy WQtk rJt(ldtH:t·, or t,1.X('1,1~pi' .fwt:T\ di~dOt!l.'l,rf;,• 1Jl)dll:.'t' 

nppl.k~bk hnv. Tf you m:<>. 1l0t the intend\~(! ,r,~·(~jpic-nt(t<), ycm ar<r.m.n:i.ficti th3t the di:=j.<,ct.m·in,ldnn~ (.:\i:-;1:rHnn.kln 1 

ur. 4.::op~•i.ng of this mc~~ag~.: 1:;; st:d.ctly pt~)hibitcd. Tn i~dditi<H.t 1 f"Jleasi~ 'i..r:nmcd.i.~w.'!ly dcktc (.)f d1..~n.1:()y ~.Ill (',opit~!-\ 

ot ''t'.~!·$hm~ yQu h~1vc•. l',fthir; rm~.~s~ge ~!nd ri{Jtify r.hc. ~e.nQ<:-f ~.It ((i'llJ) 'ZSS.-2.3~)~ i·n O!'d~·!' {llat \H~ rnay takq :"\tep~ til 

prcvcj'lt n,ny fnrth~~r Jn;.tdvc:r'tenl' dhH,:lo:H'ltC~. Ht.:~dj·,,t by tl,nyo.ne ~)l'lll~:t than the n<U.l.M.'d r<.!cij:.riel'lt(s) .i!:'- nm ~~ 

wnh·Cl' (If ~tny attorncy-cJit;1lt) l.\'Qtk prm:h.l<;~!., or Oth,('t ;..tpplicHbLt: pdvH'-'gc. Thatlk ~'OU. 

From: Briana.Martino@faa.gov [mallto:Briana.Martino@faa.gov] 

Sent: Monday, August 03, 2015 11:54 AM 

To: blawler@pilotlawcorp.com 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Brian, 

Please see releasable portions of EIR attached. I reduced file size to be able to emaiL However, if 

the tile is still too large, I can email you a disc. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847)294-7498 

This communication might contain communications between attorney and client, communications 

that are part ofthe agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any information contained in this email. 

£xhlbil A-5 

Agency Respoh!';:e, to Motion for Extenslon 

~agt:! 1 of :3 
08/25/2015 14:40 8472947498 

From: Martino, Briana (FAA) Sent: Monday, August 03, 2n5 1:47PM 

To: 'Brian Lawler' 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Brian; 

FAA GLRC PAGE 35/37 

Please see releasable portions of EIR attached. If the file is too large, I can email you a disc. 

Thanks, 

Briana Martino 

Attorney, Office of Region•! Counsel 

FAA-Great Lakes Region 

7.300 East Devon 

Des Plaines, IL 60018 

Phone: (847)294-8275 

Fax: (847)294-7498 

This communication might contain communications between attorney and client, communications 

that are p<rt ofthe agency deliberotive process, or attorney-war~ product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before disclosing any informetion contained in this email. 

From: Brian Lawler [mailto;blawler@Rilotlawcorp,c,ow) 

Sent: Wednesday, July 29, 2015 2:12PM 

To: Martino, Briana (FAA) 

Subject: RE: Michelle Kraemer, 2015-WA-91·0066 

Thank you very much. 

Brian J. Lawler, Esq, 

Pilot Law, P.C. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255,2398 (dir) • 619.231.4984 (fax) 

blawler®pllotlawcgrp.coro 

www pilotlawcorp.com • Eacebook • Linked In • Twitter 

'rhig (.~'-rnl.l'i"l rnc~~!.1gy .i.e; !'.:nnficknth1l 1 .'tnl't'.:rH.kd only fnr rh~; t'l~~nH:d n~<":.fl)icnr(9 and mr.~y co:nt.;.\i:h infrlrUl.<Ui.on 

rb~Jt l-:t p.dvjlt.·g~~t iJ'W>t.flC)"'-t:lit;:nl r.;ommutri<.;m1.ons, art~)t·.ncy ".:\·()l'k fJI'(H:l\lt;;l:1 or exenq.lt fron.) d.lr,:~.:ln~rmt1 no.dr.:t: 

Hf'fJik.a])k, j,j,~~,.,Jfynu ~H'(', 1'\0t. th~ \ntCIHil'·d. tL:cipknl(~), you ~In;; 1"\(>ti.lh:d. t'haT the d.i~ti(;n·d,!l<:lriOH.l di~rrfh1.1tl0:n

ot cnp:ylng1 

r..d· th.iH mt:;~SSi.l~w.:l i:; srrktly p:col:.dbll'cd. Tn nddir..iml 1 pJc~.HlL" l~·wn(.'('.l.iMdy (klt.~tc fif ~·kst·ro;r,.. :til cnpi(.cs 

or vcr~innB yon h~~"c ~)fthi~ rn(•.ss:agc~ :-md not1fy tlt(~ fl.cnc)c(' •H (619) 2.5.5-Z.)lJS ·ln oH.htr rh.<H \"1."(~ m;'ty hd.:..<' fitcps to 

pt:L"\·cm a:oy G.1.ttb<.:~ .i.n:~dv-c-tt·~Ilt d'l.sdn~H.a·~..:~. Rt.'i..~dr.Jt by ~ll'lynr.H,~ rnl.l(:'r lhan tlw l'.l<l.n'tcd tcci.pi~,~.o.t{~) i.!:' not:;:! 

\\'~liy<:.>!' (l'f 1lnY ~t1'101'~1L'Y'"dle!nt, work pt('J(l!lcj:l (~'i' (rth{!r .i1pplic<Ab!c rwlvi!tt.g:o, Th:l.11k )"011. 

Fmm: Briana MaltiDO@faa,<JOY [mailto:Brlana,Martino@faa QOY] sent: Wednesday, July 29, 2015 12:08 PM 

To: blawler@pi!otlawcorp com 

Subject: RE: Michelle Kraemer, :2015-WA-91-0066 

Exhibit A-5 

Agency R.~e.ponse to Motlon for Extension 

Page 2 of 3 
08/25/2015 14:40 8472947498 FAA GLRC PAGE 37/37 

Brian, 

I'll have my secretary copy the file for you and hopefully have it to you early next week. 

Thanks, 

Briana Martino 

Attorney, Office of Regional Counsel 

FAA-Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Phone: (847) 294-8275 

Fax: (847) 294-7498 

This communication might contain communications between attorney and client, communications 

that are part of the agency deliberative process, or attorney-work product, all of which are 

privileged and not subject to disclosure outside the agency or to the public. Please consult with 

the Office of Chief Counsel before di;closing any information contained in this email. 

From: Brian Lawler [mailto:blawler@ojlotlawcoro com] 

sent: Wednesday, July 29, 2015 1:57 PM 

To: Martino, Briana (FAA) 

Subject: RE: Michelle Kraemer, 2015-WA-91-0066 

Is there a releasable portion of your Enforcement Investigation Report (EIR) that we are entitled 

to? I know that this procedure exists in the NTSB Airman Certificate enforcement process and 

we're entitled to the EIR there, but cannot find anything one way or the other in 14 CFR Section 13 

regarding our proceeding. 

13est, 

Brian 

Brian J. Lawler, ESq. 

Pilot Law, P.c. • 1551 9th Avenue • San Diego, CA 92101 

866.512.2465 (tel) • 619.255.2398 (die) • 619.231.4984 (fax) 

blawler®pj!pt!gwcorp e;om 

www.pjfotlawcqrp com • Eacebook • Unked!n • Twjtter 

Thi.s 

Ouu 

~~~mrt.il Jnt~liiS<~.gc 1s {;ooCidt:.nthlJ., tntel1~·kd ~~nly fP.r: tlK· twm:c.d redpj.:.:.o.l"(~) an.d may cm.Jt~dn. itrfr),r:r;'l.'1;.~liof.J 

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'i~ privi!C';!(:cJ <~lt:ol'tH.:y-dl!;-nr C,(liTlnl1.U'IiC~Itinns, <.tH!'•m~·y , ... ·nrk pr(lduc.!:; nr ~J:;<-;,ernpt fron1 (li~clo~,q·t: uTHkl' 

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(')T cop)hiU" 

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prevc:ni' 

:V(>tl h~1w,: of this IJH~$S<1.io(t' and notify the. \'t".P.dcr ~J.t (619) 255~2.398 l,r~ i.n:dt:.t thn{ W4:\ J.WlY 1'11.kl~ ~i.l~P." t'O 

w~1h 

•lny furr:h(J\l' iH~HJven:cnt disdor::;m't.of'. Rc.:;:(~ipt by Jll'1~'0nc or.hc.r th:-m 1'be JliHncd t:(:Cipk:nT.(~) j:<; not ;1 

.. ·!';.:!' r)f any· M1orn~.:y-clii;!.Ht, wnd{ p:rodtH;(, or ot:JH::t: ilj.>f:Jlit..::lhfe p.d,-ri.lq:tc. 'I'hank ynl:t. 

F-xhlblt A-5 

Agency Responae to Motion for Extl!!!nsion 

Page3 of3 
08/25/2015 14:33 847£947498 FAA GLRC 

To d/NJFtf!j -pa{Jfd--~ Company: /) 

P"· g:Jj?:-:~~rn Fax: d::.:_==-~..::61 

From: /bn/JIIfl 'Jli1/Jdti!tJ · 

Title: illtrnLC!ff . 

PAGE 01/37 

Federal Aviation 

Administration 

Regional Counsel's OITice,AGL-7 

2300 East Devon Avenue 

Des Plaines, Illinois 60018 

.TB47-294- 7?J/J; 

F 847-294-7498 

Facsimile 

Date· ~ ikli/J6 . • 

Pages wlcaV€r. .__jJ(_ r (/ /L hJn. . 

RE: !tU~~~