§ 44710. Revocations of airman certificates for controlled substance violations
(a)
Definition.—
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).
(b)
Revocation.—
(1)
The Administrator of the Federal Aviation Administration shall issue an order revoking an airman certificate issued an individual under section
44703 of this title after the individual is convicted, 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), of an offense punishable by death or imprisonment for more than one year if the Administrator finds that—
(2)
The Administrator shall issue an order revoking an airman certificate issued an individual under section
44703 of this title if the Administrator finds that—
(c)
Advice to Holders and Opportunity To Answer.—
Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator must—
(d)
Appeals.—
(1)
An individual 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 an opportunity for a hearing on the record. When conducting the hearing, the Board is not bound by findings of fact of the Administrator but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law.
(2)
When an individual 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—
(3)
An individual substantially affected by an order of the Board under this subsection, or the Administrator when the Administrator decides that an order of the Board will have a significant adverse effect on carrying out this part, may obtain judicial review of the order under section
46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(e)
Acquittal.—
(1)
The Administrator may not revoke, and the Board may not affirm a revocation of, an airman certificate under subsection (b)(2) of this section on the basis of an activity described in subsection (b)(2)(A) 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.
(2)
If the Administrator has revoked an airman certificate under this section because of an activity described in subsection (b)(2)(A) of this section, the Administrator shall reissue a certificate to the individual if—
(A)
the individual otherwise satisfies the requirements for a certificate under section
44703 of this title; and
(f)
Waivers.—
The Administrator may waive the requirement of subsection (b) of this section that an airman certificate of an individual be revoked if—