49 U.S.C. § 44710 : US Code - Section 44710: Revocations of airman certificates for controlled substance violations

Search 49 U.S.C. § 44710 : US Code - Section 44710: Revocations of airman certificates for controlled substance violations

(a) Definition. - In this section, "controlled substance" has the
same meaning given that term in section 102 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(b) Revocation. - (1) The Administrator of the Federal Aviation
Administration shall issue an order revoking an airman certificate
issued an individual under section 44703 of this title after the
individual is convicted, under a law of the United States or a
State related to a controlled substance (except a law related to
simple possession of a controlled substance), of an offense
punishable by death or imprisonment for more than one year if the
Administrator finds that -
(A) an aircraft was used to commit, or facilitate the
commission of, the offense; and
(B) the individual served as an airman, or was on the aircraft,
in connection with committing, or facilitating the commission of,
the offense.
(2) The Administrator shall issue an order revoking an airman
certificate issued an individual under section 44703 of this title
if the Administrator finds that -
(A) the individual knowingly carried out an activity
punishable, under a law of the United States or a State related
to a controlled substance (except a law related to simple
possession of a controlled substance), by death or imprisonment
for more than one year;
(B) an aircraft was used to carry out or facilitate the
activity; and
(C) the individual served as an airman, or was on the aircraft,
in connection with carrying out, or facilitating the carrying out
of, the activity.
(3) The Administrator has no authority under paragraph (1) of
this subsection to review whether an airman violated a law of the
United States or a State related to a controlled substance.
(c) Advice to Holders and Opportunity To Answer. - Before the
Administrator revokes a certificate under subsection (b) of this
section, the Administrator must -
(1) advise the holder of the certificate of the charges or
reasons on which the Administrator relies for the proposed
revocation; and
(2) provide the holder of the certificate an opportunity to
answer the charges and be heard why the certificate should not be
revoked.
(d) Appeals. - (1) An individual whose certificate is revoked by
the Administrator under subsection (b) of this section may appeal
the revocation order to the National Transportation Safety Board.
The Board shall affirm or reverse the order after providing notice
and an opportunity for a hearing on the record. When conducting the
hearing, the Board is not bound by findings of fact of the
Administrator but shall be bound by all validly adopted
interpretations of laws and regulations the Administrator carries
out and of written agency policy guidance available to the public
related to sanctions to be imposed under this section unless the
Board finds an interpretation is arbitrary, capricious, or
otherwise not according to law.
(2) When an individual files an appeal with the Board under this
subsection, the order of the Administrator revoking the certificate
is stayed. However, if the Administrator advises the Board that
safety in air transportation or air commerce requires the immediate
effectiveness of the order -
(A) the order remains effective; and
(B) the Board shall make a final disposition of the appeal not
later than 60 days after the Administrator so advises the Board.
(3) An individual substantially affected by an order of the Board
under this subsection, or the Administrator when the Administrator
decides that an order of the Board will have a significant adverse
effect on carrying out this part, may obtain judicial review of the
order under section 46110 of this title. The Administrator shall be
made a party to the judicial review proceedings. Findings of fact
of the Board are conclusive if supported by substantial evidence.
(e) Acquittal. - (1) The Administrator may not revoke, and the
Board may not affirm a revocation of, an airman certificate under
subsection (b)(2) of this section on the basis of an activity
described in subsection (b)(2)(A) if the holder of the certificate
is acquitted of all charges related to a controlled substance in an
indictment or information arising from the activity.
(2) If the Administrator has revoked an airman certificate under
this section because of an activity described in subsection
(b)(2)(A) of this section, the Administrator shall reissue a
certificate to the individual if -
(A) the individual otherwise satisfies the requirements for a
certificate under section 44703 of this title; and
(B)(i) the individual subsequently is acquitted of all charges
related to a controlled substance in an indictment or information
arising from the activity; or
(ii) the conviction on which a revocation under subsection
(b)(1) of this section is based is reversed.
(f) Waivers. - The Administrator may waive the requirement of
subsection (b) of this section that an airman certificate of an
individual be revoked if -
(1) a law enforcement official of the United States Government
or of a State requests a waiver; and
(2) the Administrator decides that the waiver will facilitate
law enforcement efforts.