49 USC 46102 - Proceedings
(a) Conducting Proceedings.—Subject to subchapter II of chapter 5 of title 5, the Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may conduct proceedings in a way conducive to justice and the proper dispatch of business.
(b) Appearance.—A person may appear and be heard before the Secretary, the Under Secretary, and the Administrator in person or by an attorney. The Secretary may appear and participate as an interested party in a proceeding the Administrator conducts under section 40113(a) of this title.
(c) Recording and Public Access.—Official action taken by the Secretary, Under Secretary, and Administrator under this part shall be recorded. Proceedings before the Secretary, Under Secretary, and Administrator shall be open to the public on the request of an interested party unless the Secretary, Under Secretary, or Administrator decides that secrecy is required because of national defense.
(d) Conflicts of Interest.—The Secretary, the Under Secretary, the Administrator, or an officer or employee of the Administration may not participate in a proceeding referred to in subsection (a) of this section in which the individual has a pecuniary interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, §140(b)(1), (2), (4)–(6), Nov. 19, 2001, 115 Stat. 641.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 46102(a) |
49 App.:1481 (1st sentence). |
Aug. 23, 1958, Pub. L. 85–726, §1001, 72 Stat. 788. |
| |
49 App.:1551(b)(1)(E). |
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
| |
49 App.:1655(c)(1). |
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
| 46102(b) |
49 App.:1481 (3d, 4th sentences). |
|
| |
49 App.:1551(b)(1)(E). |
|
| |
49 App.:1655(c)(1). |
|
| 46102(c) |
49 App.:1481 (last sentence). |
|
| |
49 App.:1551(b)(1)(E). |
|
| |
49 App.:1655(c)(1). |
|
| 46102(d) |
49 App.:1481 (2d sentence). |
|
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49 App.:1551(b)(1)(E). |
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| |
49 App.:1655(c)(1). |
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Sections: 45107 45301 45302 45303 45304 45305 46101 46102 46103 46104 46105 46106 46107 46108 46109
Last modified: October 26, 2015