49 U.S. Code § 44726 - Denial and revocation of certificate for counterfeit parts violations
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(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) 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
(c) Notice Requirement.— Before the Administrator revokes a certificate under subsection (b), the Administrator shall—
(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—
(f) Waiver.— The Administrator may waive revocation of a certificate under subsection (b) if—
(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
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.
Source(Added Pub. L. 106–181, title V, § 505(a)(1),Apr. 5, 2000, 114 Stat. 134; amended Pub. L. 108–176, title V, § 501,Dec. 12, 2003, 117 Stat. 2556.)
2003—Subsec. (a)(1). Pub. L. 108–176struck out “or” at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C) and substituted “described in subparagraph (A) or (B)” for “convicted of such a violation”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 ofPub. L. 108–176, set out as a note under section 106 of this title.