49 U.S.C. § 44709 — Amendments, modifications, suspensions, and revocations of certificates

(a) The FAA Administrator may, at any time, reinspect a civil aircraft, engine, propeller, appliance, design organization, production-certificate holder, air-navigation facility, or air agency. The Administrator may also reexamine an airman who holds a certificate issued under section 44703. Before reexamining an airman, the Administrator must give the airman a detailed reasonable basis for the request and any appropriate information gathered by the FAA that supports it, such as the scope and nature of the reexamination.

(b) The Administrator may order part of a certificate issued under this chapter to be amended, modified, suspended, or revoked if, after a reinspection, reexamination, or other investigation, the Administrator decides that safety in air commerce or air transportation and the public interest require it, or if the certificate holder violated an aircraft-noise or sonic-boom standard or regulation under section 44715(a). The Administrator may also order an airman certificate revoked when its holder is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j–1(a)).

(c) Before acting under (b), the Administrator must tell the certificate holder the charges or other reasons for the proposed action. Except in an emergency, the holder must have an opportunity to answer and to be heard on why the certificate should not be changed, suspended, or revoked.

(d) A person adversely affected by the Administrator’s order may appeal to the National Transportation Safety Board (Board). After notice and a hearing opportunity, the Board may amend, modify, or reverse the order. For an order under (b)(1)(A), it may do so if safety and the public interest do not require affirming the order. For an order under (b)(1)(B), it may do so if noise or sonic-boom control and public health and welfare do not require affirmance, or if the order is inconsistent with air-transportation or air-commerce safety as it relates to the violation. The Board may change a suspension or revocation into a civil penalty. It is not bound by the Administrator’s factual findings.

(e) Filing an appeal normally stays the Administrator’s order. The order takes effect immediately if the Administrator tells the Board that an emergency exists and safety requires immediate effect. A person affected may ask the Board to review that emergency determination under the Board’s procedures within 48 hours after receiving the order. If the Board finds no emergency requiring immediate action, the order is stayed. The Board must decide the emergency review within 5 days after filing and must finally decide the appeal within 60 days after filing.

(f) A person substantially affected by a Board order, or the Administrator if the order would significantly harm administration of this part, may seek judicial review under section 46110. The Administrator must be a party. The Board’s factual findings are conclusive if substantial evidence supports them.