Page:United States Statutes at Large Volume 106 Part 2.djvu/46

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


106 STAT. 926 PUBLIC LAW 102-345—AUG. 26, 1992 the type of sanction to be imposed from suspension or revocation of a certificate to assessment of a civil penalty."; and (2) by striking the last sentence and inserting the following: "A person substantially affected by an order of the Board under this subsection, or the Administrator in any case in which the Administrator determines that such an order will have a significant adverse impact on the implementation of this Act, may obtain judicial review of such order under the provisions of section 1006 of this Act. The Administrator shall be a party to all proceedings for judicial review under this subsection. In any such proceeding, the findings of fact of the Board shall be conclusive if supported by substantial evidence.", (b) CONTROLLED SUBSTANCE ACTIVITIES. — Section 609(c)(3) of such 49 USC app. Act is amended— ^^^^- (1) by striking the third sentence and inserting the following: "In the conduct of its hearings under this paragraph, the Board shall not be bound by any findings of fact of the Administrator but shall be bound by all validly adopted interpretations of laws and regulations administered by the Federal Aviation Administration and of written agency policy guidance available to the public relating to sanctions to be imposed under this subsection unless the Board finds that any such interpretation is arbitrary, capricious, or otherwise not in accordance with law."; and (2) by striking the last sentence and inserting the following: "A person substantially affected by an order of the Board under this paragraph, or the Administrator in any case in which the Administrator determines that such an order will have a significant adverse impact on the implementation of this Act, may obtain judicial review of such order under the provisions of section 1006 of this Act. The Administrator shall be a party to all proceedings for judicial review under this paragraph. In any such proceeding, the findings of fact of the Board shall be conclusive if supported by substantial evidence.". SEC. 4. CONFORMING AMENDMENT TO ISSUANCE OF CERTIFICATE PROCEDURE. Section 602(b)(1) of the Federal Aviation Act of 1958 (49 U.S.C. 49 USC app. 1422(b)(l)) is amended by inserting "but shall be bound by all 1422.