49 U.S.C. § 44726 : US Code - Section 44726: Denial and revocation of certificate for counterfeit parts violations

Search 49 U.S.C. § 44726 : US Code - Section 44726: Denial and revocation of certificate for counterfeit parts violations

(a) Denial of Certificate. -
(1) In general. - Except as provided in paragraph (2) of this
subsection and subsection (e)(2), the Administrator of the
Federal Aviation Administration may not issue a certificate under
this chapter to any person -
(A) convicted in a court of law of a violation of a law of
the United States relating to the installation, production,
repair, or sale of a counterfeit or fraudulently-represented
aviation part or material;
(B) whose certificate is revoked under subsection (b); or
(C) subject to a controlling or ownership interest of an
individual described in subparagraph (A) or (B).
(2) Exception. - Notwithstanding paragraph (1), the
Administrator may issue a certificate under this chapter to a
person described in paragraph (1) if issuance of the certificate
will facilitate law enforcement efforts.
(b) Revocation of Certificate. -
(1) In general. - Except as provided in subsections (f) and
(g), the Administrator shall issue an order revoking a
certificate issued under this chapter if the Administrator finds
that the holder of the certificate or an individual who has a
controlling or ownership interest in the holder -
(A) was convicted in a court of law of a violation of a law
of the United States relating to the installation, production,
repair, or sale of a counterfeit or fraudulently-represented
aviation part or material; or
(B) knowingly, and with the intent to defraud, carried out or
facilitated an activity punishable under a law described in
paragraph (1)(A).
(2) No authority to review violation. - In carrying out
paragraph (1), the Administrator may not review whether a person
violated a law described in paragraph (1)(A).
(c) Notice Requirement. - Before the Administrator revokes a
certificate under subsection (b), the Administrator shall -
(1) advise the holder of the certificate of the reason for the
revocation; and
(2) provide the holder of the certificate an opportunity to be
heard on why the certificate should not be revoked.
(d) Appeal. - The provisions of section 44710(d) apply to the
appeal of a revocation order under subsection (b). For the purpose
of applying that section to the appeal, "person" shall be
substituted for "individual" each place it appears.
(e) Acquittal or Reversal. -
(1) In general. - The Administrator may not revoke, and the
National Transportation Safety Board may not affirm a revocation
of, a certificate under subsection (b)(1)(B) if the holder of the
certificate or the individual referred to in subsection (b)(1) is
acquitted of all charges directly related to the violation.
(2) Reissuance. - The Administrator may reissue a certificate
revoked under subsection (b) of this section to the former holder
if -
(A) the former holder otherwise satisfies the requirements of
this chapter for the certificate; and
(B)(i) the former holder or the individual referred to in
subsection (b)(1), is acquitted of all charges related to the
violation on which the revocation was based; or
(ii) the conviction of the former holder or such individual
of the violation on which the revocation was based is reversed.
(f) Waiver. - The Administrator may waive revocation of a
certificate under subsection (b) if -
(1) a law enforcement official of the United States Government
requests a waiver; and
(2) the waiver will facilitate law enforcement efforts.
(g) Amendment of Certificate. - If the holder of a certificate
issued under this chapter is other than an individual and the
Administrator finds that -
(1) an individual who had a controlling or ownership interest
in the holder committed a violation of a law for the violation of
which a certificate may be revoked under this section or
knowingly, and with intent to defraud, carried out or facilitated
an activity punishable under such a law; and
(2) the holder satisfies the requirements for the certificate
without regard to that individual,
then the Administrator may amend the certificate to impose a
limitation that the certificate will not be valid if that
individual has a controlling or ownership interest in the holder. A
decision by the Administrator under this subsection is not
reviewable by the Board.