49 U.S.C. § 44726 — Denial and revocation of certificate for counterfeit parts violations

(a) Denial of Certificate. (1) Except as (2) and (e)(2) allow, the FAA may not issue a certificate under this chapter to a person who (A) was convicted of a federal crime relating to installing, producing, repairing, or selling a counterfeit or fraudulently-represented aviation part or material; (B) had a certificate revoked under (b); or (C) is subject to a controlling or ownership interest of someone described in (A) or (B). (2) Despite (1), the FAA may still issue a certificate to such a person if doing so will help law enforcement efforts. (b) Revocation of Certificate. (1) Except as (f) and (g) allow, the FAA must issue an order revoking a certificate under this chapter if it finds that the holder, or an individual with a controlling or ownership interest in the holder, (A) was convicted of a federal crime relating to counterfeit or fraudulently-represented aviation parts or material, or (B) knowingly and with intent to defraud carried out or helped carry out an activity punishable under that kind of law. (2) In carrying out (1), the FAA may not independently review whether the underlying law was actually violated. (c) Notice Requirement. Before revoking a certificate under (b), the FAA must (1) tell the holder the reason for the revocation, and (2) give the holder a chance to be heard on why the certificate shouldn't be revoked. (d) Appeal. The appeal procedures in section 44710(d) apply to a revocation order under (b), substituting "person" for "individual" wherever it appears. (e) Acquittal or Reversal. (1) The FAA may not revoke, and the National Transportation Safety Board may not affirm a revocation of, a certificate under (b)(1)(B) if the holder or the individual referred to in (b)(1) is acquitted of all charges directly related to the violation. (2) The FAA may reissue a certificate revoked under (b) to the former holder if (A) the former holder otherwise meets this chapter's requirements for the certificate, and (B) either (i) the former holder or that individual is acquitted of all charges related to the violation the revocation was based on, or (ii) the underlying conviction is reversed. (f) Waiver. The FAA may waive a (b) revocation if (1) a federal law enforcement official requests a waiver, and (2) the waiver will help law enforcement efforts. (g) Amendment of Certificate. If a certificate holder that isn't an individual has someone with a controlling or ownership interest who committed a violation that could trigger revocation, or who knowingly and fraudulently carried out such an activity, and the holder would still meet the certificate's requirements without that individual, the FAA may instead amend the certificate to say it's invalid while that individual holds a controlling or ownership interest in the holder. A decision under this subsection cannot be reviewed by the Board.