Page:United States Statutes at Large Volume 106 Part 2.djvu/44

 106 STAT. 924 PUBLIC LAW 102-345—AUG. 26, 1992 any charges and be heard as to why such order should not be issued. capacity of a pilot, flight engineer, mechanic, or repairman against whom an order assessing a civil penalty is issued by the Administrator under this paragraph may appe£U the order to the National Treuisportation Safety Board, and the Board shall, after notice and a hearing on the record in accordance with section 554 of title 5, United States Code, affirm, modify, or reverse the order of the Administrator. "(iii) WEIGHT AFFORDED TO FINDINGS AND INTERPRETATIONS OF FAA.— In the conduct of its hearings under this subparagraph, the National Transportation Safety Board shall not be bound by any findings of fact of the Administrator but shall be bound by all validly adopted interpretations of laws and regulations administered by the Federal Aviation Administration and of written agency policy guidance available to the public relating to sanctions to be imposed under this subsection unless the Board finds that any such interpretation is arbitrary, capricious, or otherwise not in accordance with law. The Board may, consistent with this subsection, modify the type of sanctions to be imposed from assessment of a civil penalty to suspension or revocation of a certificate. "(iv) EFFECT OF FILING OF APPEAL. —The filing of an appeal of an order of the Administrator with the National Transportation Safety Board under this subparagraph shall stay the effectiveness of the order. "(v) JUDICIAL REVIEW.— ^A person substantially affected by an order of the National Transportation Safety Board under this subparagraph or the Administrator, in any case in which the Administrator determines that such an order will have a significant adverse impact on the implementetion of this Act, may obtain judicial review of such order under the provisions of section 1006 of this Act. The Administrator shall be a party to all proceedings for judicial review under this clause. In any such proceeding, the findings of fact of the Board shall be conclusive if supported by substantial evidence. "(E) PROCEDURES WITH RESPECT TO VIOLATIONS BY OTHER PERSONS.— "(i) GENERAL PROCEDURES. — ^A civil penalty may be assessed agsdnst any person (other than a person acting in the capacity of a pilot, flight engineer, mechanic, or repairman) by the Administrator under this paragraph only after notice and an opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. "(ii) STANDARD OF REVIEW. — In any appeal from a decision of an administrative law judge, me Administrator shall consider only the following issues: "(I) Whether each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence.
 * (ii) APPEAL TO NTSB. —Any person acting in the

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