§ 44726. Denial and revocation of certificate for counterfeit parts violations

• (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,