Sec. 4. Limitations on reexamination of certificate holders
441 words·~2 min read·
/bill/114/s/571/rs/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 44709 of title 49, United States Code, is amended— in subsection (a)— in the subsection heading, by striking ; and reexamination by striking The Administrator and inserting the following: The Administrator ; by striking , or reexamine an airman holding a certificate issued under section 44703 of this title ; and by adding at the end the following: The Administrator may reexamine an airman holding a certificate issued under section 44703 of this title only if the Administrator has reasonable grounds— to question the airman’s lack of competence based on acts or omissions committed while the airman was exercising the privileges of the certificate; or to believe the airman obtained the certificate through fraudulent means.
Before taking any action to reexamine an airman holding a certificate issued under section 44703 of this title, the Administrator shall provide to the airman— the specific justification for the reexamination; and any releasable information gathered by the Federal Aviation Administration that form the basis for that justification. . Section 44709(b) of such title is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), and by moving such clauses, as so redesignated, two ems to the right; by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), and by moving such subparagraphs, as so redesignated, two ems to the right; by striking The Administrator and inserting the following: The Administrator ; and by adding at the end the following: The Administrator may not amend, modify, suspend, or revoke an airman certificate issued under section 44703 of this title after a reexamination of the airman holding the certificate unless the Administrator demonstrates by a preponderance of the evidence that the airman— lacks the skills and competency, or care, judgment, and responsibility, necessary to hold the certificate; or materially contributed to the issuance of the certificate by fraudulent means. . Section 44709(f) of such title is amended— by striking A person and inserting the following: A person ; and by adding at the end the following: If the Administrator amends, modifies, suspends, or revokes an airman certificate after reexamination of the airman holding the certificate in violation of subsection (a)(2), the airman may elect to file an appeal in the United States district court in which the airman resides or in which the action in question occurred, or in the United States District Court for the District of Columbia, instead of filing an appeal with the Board under subsection (d). . Section 44709(d)(1) of such title is amended— in subparagraph (A), by striking subsection (b)(1)(A) and inserting subsection (b)(1)(A)(i) ; and in subparagraph (B), by striking subsection (b)(1)(B) and inserting subsection (b)(1)(A)(ii) .