Us Code § 44726 - Denial and revocation of certificate for counterfeit parts violations
Full text of Us Code United States Code § 44726 — Denial and revocation of certificate for counterfeit parts violations, with citation guidance and answers to common questions.
§ 44726. Denial and revocation of certificate for counterfeit parts violations
(a)
(1)
(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)
(b)
(1)
(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)
(c)
(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)
(e)
(1)
(2)
(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)
(1) a law enforcement official of the United States Government requests a waiver; and
(2) the waiver will facilitate law enforcement efforts.
(g)
(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,
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.
(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.)
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 Amendment
Amendment 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.
About This Section
49 U.S.C. § 44726 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 49 U.S.C. § 44726. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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