(a)
(b)
(A) the aircraft was used to carry out, or facilitate, an activity that is punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance); and
(B) the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in clause (A) of this paragraph.
(2) An aircraft owner that is not an individual is deemed to have permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection only if a majority of the individuals who control the owner of the aircraft or who are involved in forming the major policy of the owner permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A).
(c)
(1) advise the holder of the certificate of the charges or reasons on which the Administrator bases the proposed action; and
(2) provide the holder of the certificate an opportunity to answer the charges and state why the certificate should not be revoked.
(d)
(2) When a person files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order—
(A) the order remains effective; and
(B) the Board shall dispose of the appeal not later than 60 days after notification by the Administrator under this paragraph.
(3) A person substantially affected by an order of the Board under this subsection may seek judicial review of the order under section 46110 of this title. The Administrator shall be made a party to that judicial proceeding.
(e)
(2) If the Administrator has revoked a certificate of registration of a person under this section because of an activity described in subsection (b)(1)(A) of this section, the Administrator shall reissue a certificate to the person if the person—
(A) subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; and
(B) otherwise meets the requirements of section 44102 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1163.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44106(a) | 49 App.:1401(e)(2)(C). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(e)(2)(A)– (C), (F); added Oct. 19, 1984, Pub. L. 98–499, §4(a), 98 Stat. 2314, 2315. |
| 44106(b) | 49 App.:1401(e)(2)(A) (less last sentence). | |
| 44106(c) | 49 App.:1401(e)(2)(B) (1st sentence). | |
| 44106(d) | 49 App.:1401(e)(2)(B) (2d–last sentences). | |
| 44106(e) | 49 App.:1401(e)(2)(A) (last sentence), (F). |
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Last modified: October 26, 2015