49 U.S.C. § 44106: Revocation of aircraft certificates for controlled substance violations

In this section, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 802 ). 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 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. 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). advise the holder of the certificate of the charges or reasons on which the Administrator bases the proposed action; and provide the holder of the certificate an opportunity to answer the charges and state why the certificate should not be revoked. A person whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and a hearing on the record. In conducting the hearing, the Board is not bound by the findings of fact of the Administrator. the order remains effective; and the Board shall dispose of the appeal not later than 60 days after notification by the Administrator under this paragraph. 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. The Administrator may not revoke, and the Board may not affirm a revocation of, a certificate of registration under this section on the basis of an activity described in subsection (b)(1)(A) of this section if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity. subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; and otherwise meets the requirements of section 44102 of this title .