04/08/2014 09:27 4252271007 ANM7 PAGE ~2/10

U.S. Department Northwest Mountain Region 1601 Lind Avenue S.W.

of Transportation Office of Regional Counsel Renton, Washington 98057
Tel: (425) 227-2161
Federal Aviatlo~ Colorado, Idaho, Montana, Fax: (425) 227-1007
Administration oregon, Utah, Washington, jeffrey.harper@faa.gov
Wyoming

April 8, 2014

VIA FACSlMILE AND CERTifiED MAIL- RETURN RECEIPT REQUESTED

Federal A vi.ation Administration

Attn: Hearing Docket Clerk, AGC-430
Wilbur Wright Building- Room 2Wl 000
800 Independence Avenue, Southwest
Washington, DC 20591 {-\ (___() _ () \\ '-\
Re: In the Matter of Great Western Air, LLC, FAA Case No. 2013WP910239
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 Las Vegas, Nevada, and expects
that th<:; hearing will last one day. For scheduling purposes, counsel :for the FAA is
unavailable on th.e following dates in 2014: May 2,--4, May 16---23, June 20--23, July 13~29,
August 22-25, and September 12-15.

Please address ail communications to the undersigned at:

Federal Aviation Administration

Northwest Motmtain Region, ANM-7
1601 LindAvenue Southwest
Renton, Washington 98057
(425) 227-2161, Fax: (425) 227-1007

Sincerely,

t~~
FAA Attorney

JMH/ds

Enclosure: Request for Hearing (Appeal)

Complaint
04/08/2014 09:27 4252271007 ANM7 PAGE 03/10

Jeffrey M. Harper
FAA Office of Regional Counsel
1601 Lind Avenue, Southwest
Renton, Washington 98057
(425) 227-2161, Fax: (425) 227-1007

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
OFFICE OF HEARINGS
WASHINGTON, D.C.

FAA Case No. 2013WP9101239

In the Matter of: DMSNo.:NotAssigned \
Great Western Air, LLC
Judge Not Assigned

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.

On March 18,2014, Great Western Air, LLC was advised through a Final Notice of
Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of
$35,925. On April 3, 2013, Great Westem, through its legal counsel, submitted a written
request for a hearing.

II.

1. Great Western Air, LLC (Great Western) is now, and at all times relevant herein was,
t11e holder of Air Carrier Certificate No. N2UA274L issued under Title 14, C.P.R.,
Part 119, and conducts .its operations pursuant to Part 135 of the Federal Aviation
Regulations (FAR), 14 C.P.R. Chapter I.

2. At all times relevant herein, Great Western held appropriate Operations Specifications
(OpSpecs) certifying it would comply wit11 the requirements of 14 C.P.R. Part 120 and
49 C.F.R. Part 40 for its Antidrug and Alcohol Mi.suse Prevention Program.

3. Mr. Kelly Campbell:

04/08/2014 09:27 4252271007 ANM7 PAGE 04/10

a. Mr. Campbell was hired by Great Western to perform a safetysensitive fi.mction

on November 19,2012.

b. Mr. Campbell was not in Great Western's Department of Transportation (DOT)

random testing pool on January 1, 2013.

c. Mr. Campbell was not in Great Western's DOT random testing pool on
April I, 2013.

d. Mr. Campbell was not in GJ:eat Westen1's DOT random testing pool on
July l, 2013.

e. Mr. Campbell was added to Great Western's DOT randon) testing pool on
July 17,2013.

f. Mr. Campbell was a flight crewmember on flights operated by Great Western

under 14 C.F.R. Part 135 on:

(I) November 25, 2012;

(2) January 5, 2013;

(3) January 10, 2013;

(4) April28, 2013;

(5) May 3, 2013;

(6) May 5, 2013;

(7) May 6, 2013;

(8) May 7, 2013; and

(9) June 16,2013,

4. Mr. Daniel Ford:

a. Mr. Ford was hired by Great Western. to perfonn a safety-sensitive function on

March 1, 2013.

b. Mr. Ford was not in Great Western's DOT random testing pool on April 1, 2013.

c. Mr. Ford was not in Great Western's DOT random. testing pool on July 1, 2013.
C\1mpl0.f11t JEFFREY M. 1-:IAR.PI::H., FAA ATTOR.NEY
ln. tbe ]\.1atter of Gn~at Wr;~tcrn Ai:r, LJ.,C TEL ( 425) 2Z72161; FAX: (4!5) 227, J007
FAA Case No. 2013WP91 0239. [)MS No. Not A~'igned
P~lg:e 2 of 8
04/08/2014 09:27 4252271007 ANM7 PAGE 05/10

d. Mr. Ford was added to Great Westem's DOT random testing pool on
July 17,2013.

e. Mr. Ford was a flight crewmember en flights operated by Great Westem under
14 C.F.R. Part 135 on:

(1) March 10, 20\3;

(2) April 3, 2013;

(3) April23, 2013;

(4) May 3, 2013;

(5) May 5, 2013;

(6) May 6, 2013;

(7) May 7, 2013; and

(8) June 16, 2013.

5. Mr. Wayne Blake:

a. Mr. Blake was hired by Great Westen:~ to perfoDU a safety-sensitive functi.on on

March I, 2013.

b. Mr. Blake was not in Great Westem's DOT random testing pool on April!, 2013.

c. Mr. Blake was not in Great Western's DOT random testing pool on Ju1y 1, 2013.

d. Mr. Blake was added to Great Western's DOT random testing pool on
July 17,2013.

c. Mr. Blake was a flight crewmember on flights operated by Great Western under
14 C.F.R. Part 135 on:

(1) March 13, 2013;

(2) March ) 4, 20 13;

(3) March 19, 2013;

(4) May 9, 2013;

Comph-d:nt JEFFRF.!'l' M. 1-IARP.Bl~. FAAAlTO'RNEY
In. the. Mattw- of Great Wc~tcrn Air_, LLC TEL: (425) 2272161; FAXo (425) 227-1007
FAA Case No. 2013WP9J0239, DMS No. Not Azoigned
Page 3 of8
04/08/2014 09:27 4252271007 ANH7 PAGE 05/10

(5) June 28, 2013; and

(6) July 10,2013.

6. Ms. Felicia Rin.don:

a. Ms. Rindon was hired by Great Western to perfom1 a safety-sensitive function on

April 16,2013.

b. Ms. Rindon was not in Great Western's DOT random testing pool on July 1, 2013.

c. Ms. Rindon was added to Great Western's DOT random testing pool on
July 17, 2013.

d. Ms. Rindon was a fl.ight crewmember O!J flights operated by Great Western under
14 C.F.R. J?art 135 on:

(1) May 9, 2013;

(2) June 6, 2013;

(3) June 28, 2013; and

(4) July 7, 2013.

7. Mr. Jam.es Walker

a. Mr. Walker was hired by Great Western to pexform a safety-sensitive function on

June 27, 2013.

b. Mr. Walker was not in Great Western's DOT random testing pool on July 1, 2013.

c. Mr. Walker was added to Great Western's DOT random testing pool on
July 17, 2013.

d. Mr. Walker was a flight crewm.ember on a flight operated by Great Western under
14 C.P.R. Part 135 on July 1, 2013.

8. Random selections from Great Western's DOT random testing pool were made on:

a. January 1, 2013;

b. April 1, 2013; and

C(lmplaint JEFFREY M ..HARPER. FAA ATTORNlN

ln the: M11.t1:er ofOrco.t Western Air, LLC 'lllL: (-1~5) 2272161; J'AX: (4:!5) 2271 007
FAA Cas< No. 2013WP910239. DMS No. Not Asslg"ed
Pgo4 of8
04/08/2014 09:27 4252271007 ANM7 PAGE 07/10

c. July 1, 2013.

9. Mr. David Ciarochi:

1;1. Mr. Ciarochi was hired by Great Western to perform a safety-sensitive function on
October 31,2012.

b. Great Western did not receive a verified negative drug test result for Mr. Ciarochi
until November 2, 2012.

10. Mr. Chance D\1vaiJ:

a. Mr. Duvail wru; hired by Great Western to perform a safety-sensitive function on

July 3, 2013.

b. Great Western did not subject Mr. DuvaiJ to a pre-employment drug test before
July 4, 2013.

c. Great Western did not receive a verified negative drug test result for Mr. Puvail
before July 4, 2013.

d. On July 3, 2013, Mr. Duvail performed )Tlaintcnance or preventive maintenance

on civil aircraft N400KP.

e. On July 3, 2013, Paragraph DOSS of Great Western's OpSpecs authorized it to use

N400KP in the conduct of its Part 135 operations.

IlL

1. By reason of the foregoing circumstance(s), Great Western violated the following

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

a. Section 120.105, in that employees performing safety-sensitive functions were not

subject to a drug testing program implemented in accordance with 14 C.F.R.
Part 120, Subpart E.

b. Section 120.109(a)(1), in that it hired an. individual for a safety-sensitive function

listed in 14 C.F.R. Section 120.105 when it did not first conduct a pre-
employment test and receive a ved.fied negative drug test result for that individual.

c. Section 120.215(a), in that employees performing safety-sensitive functions were

not subject to an alcohol testing program implemented in accordance with
14 C.F.R. Part 120, Subpa1t F.
Compla.int JEFl'!;>..i::Y M. HARPf):lt, F.A..t\. A1TC1R:Nf.;Y
J.n 1:he Matter of Great Western Air, LLC TEL: (425) 227-216\; !'AX: (4~5) 227-JOOl
F.A.A Case No. 2013WP9l023~- DMS Nll- Not Assigned
Page 5 of 8
04/08/2014 09:27 4252271007 ANM7 PAGE 08/10

2. Under 49 U.S.C. 46301 (a) and (d), Great Western is liable for a civil penalty not
to exceed not to exceed $1!,000 for each of the violations noted.

3. Under the facts and circumstances of this case, a civil penalty of$35,925 is
appropriate.

Respectfully submitted this 8'h day of April, 2014.

J.
~~.#'~
. Harper
F Attorney

Corn.phl.int JEF.F,R,~Y 1\1. HARPER. F tl.A. AYr'ORNEY

In the Matter of Great V\'cstcm Air. LLC TEL: (425) 227,2161; FAX: (425) n7-l 007
FAA Case No. Z013WP910Z3!1. DMS No. Not Assigned
P<>go 6 of8
04/08/2014 09:27 4252271007 ANM7 PAGE 09/10

ANSWER

In accordance with. Section l3.209(a) of the Federal Aviation Regulations, Great Western
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 cause shall be deemed an
admission ofthe truth of each allegation contained in the Complaint. 14 C.F .R.
13.209(f).

Compl~1.im JEFW,REY M. HAg)>~R, F.AJ\.ATI"ORNEY

Jn "l:he Mattct ofGrca~ Western AJr. u:.c TEL; (4~5) 227-21 ~I; I'AX; (425) 227.1 007
FAA Case No. 20DWP91 0239. DMS No. N<t Assigned
Page7 of8
04/08/2014 09:27 4252271007 ANM7 PAGE 10/10

CERTIFICATE OF SERVICE
I hereby certify that the foregoing Complaint has been sen'ed via facsimile and Certified
Mail- Return Receipt Requested this date, to the following:

Federal Aviation Administration

Attn: Heating Docket Clerk, AGC-430
Wilbur Wright Building- Suite 2W! 000
800 Independence A venue Southwest
Washington, DC 20591
Fax: (202) 493-5142

Mr. Mark J. Connot, Esq

Fox Rothschild, LLP
3800 Howard Hughes Parkway, Suite 500
Las Vegas, NV 89169
Pax: (702) 597-5503
Dated this 8th day of April, 2014.

Office of Regional Counsel (ANM-7)

Federal Aviation Administration
1601 Lind Ave. SW
Renton, W A 98057
(425) 227-2164

Cornp\~J.int JEFTKE y M..1-l.A i~J!R~ FAA A 1"f.'ORN!~.V

In t11e M.3:ttcr ofGrcut Western A.i.r, LLC n;L; (425) 227-2161; l'AX.: (425) 227-1007
FAA Case N"- 2013WP9I0239. DMS Nt>. Not Assigned
Page. S. of 8