§44726 — Title 49 Transportation | U.S. Code

Summary

The FAA cannot give or keep an aviation certificate for people tied to counterfeit or fake aircraft parts. A person who is convicted in court for crimes about making, selling, repairing, or installing counterfeit or fraudulently labeled aviation parts cannot get a certificate. The FAA also cannot give a certificate to someone whose certificate was revoked for those crimes, or to a business owned or controlled by such a person. The FAA can still give a certificate if doing so helps law enforcement. If the FAA finds that a certificate holder—or someone who controls the holder—was convicted of those crimes or knowingly carried out the fraud, the FAA must revoke the certificate. Before revoking, the FAA must tell the holder why and let them explain. You can appeal under the rules in section 44710(d) (with “person” used instead of “individual”). A revocation cannot be enforced or upheld if the person is later acquitted of all related charges. The FAA can reissue a certificate if the former holder meets the rules and is acquitted or the conviction is reversed. The FAA may also waive revocation if a U.S. law enforcement official asks and the waiver helps investigations. Subsection (g) deals with companies when a controlling person committed the violation but the company otherwise meets the certificate requirements.

Title 49, §44726

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(a)(1)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)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)(1)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)In carrying out paragraph (1), the Administrator may not review whether a person violated a law described in paragraph (1)(A).

(c)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)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)(1)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)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)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)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,

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Subsec. (a)(1). Pub. L. 108–176 struck 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an

Effective Date

of 2000

Amendments

note under section 106 of this title.

§44726 Denial and Revocation of Certificate for Counterfeit Parts Violations

Summary

Title 49, §44726

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Citations & Metadata