Page:United States Statutes at Large Volume 114 Part 1.djvu/171

 PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 135 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; or "(B) subject to a controlling or ownership interest of an individual convicted of such a violation. "(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.

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