
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 140(b)(1)]
[Document affected by Public Law 107-71 Section 140(b)(2)]
[Document affected by Public Law 107-71 Section 140(b)(4)-(6)]
[CITE: 49USC46102]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
               CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS
 
Sec. 46102. Proceedings

    (a) Conducting Proceedings.--Subject to subchapter II of chapter 5 
of title 5, the Secretary of Transportation (or the Administrator of the 
Federal Aviation Administration with respect to aviation safety duties 
and powers designated to be carried out by the Administrator) may 
conduct proceedings in a way conducive to justice and the proper 
dispatch of business.
    (b) Appearance.--A person may appear and be heard before the 
Secretary and the Administrator in person or by an attorney. The 
Secretary may appear and participate as an interested party in a 
proceeding the Administrator conducts under section 40113(a) of this 
title.
    (c) Recording and Public Access.--Official action taken by the 
Secretary and Administrator under this part shall be recorded. 
Proceedings before the Secretary and Administrator shall be open to the 
public on the request of an interested party unless the Secretary or 
Administrator decides that secrecy is required because of national 
defense.
    (d) Conflicts of Interest.--The Secretary, the Administrator, or an 
officer or employee of the Administration may not participate in a 
proceeding referred to in subsection (a) of this section in which the 
individual has a pecuniary interest.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1226.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46102(a)..............................  49 App.:1481 (1st sentence).     Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          1001,
 72 Stat. 788.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
46102(b)..............................  49 App.:1481 (3d, 4th
                                         sentences).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46102(c)..............................  49 App.:1481 (last sentence).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46102(d)..............................  49 App.:1481 (2d sentence).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the cross-reference to chapter 7 of title 5 is 
omitted as unnecessary.
    In subsection (b), the text of 49 App.:1481 (4th sentence words 
after last comma) is omitted as obsolete. The words ``National 
Transportation Safety Board'' were substituted for ``Board'' in 49 
App.:1481 (4th sentence) because 49 App.:1655(d) transferred all 
functions, duties, and powers of the Civil Aeronautics Board under 
titles VI and VII of the Federal Aviation Act of 1958 (Public Law 85-
726, 72 Stat. 775) to the Secretary of Transportation to be carried out 
through the former National Transportation Safety Board in the 
Department of Transportation. Title VI includes sections 602 and 609 [49 
App.:1422, 1429], that provide for appeals to the Civil Aeronautics 
Board (subsequently transferred to the National Transportation Safety 
Board), and section 611(e) [49 App.:1431(e)], that provides for appeals 
to the National Transportation Safety Board. Under 49 App.:1902(a), the 
National Transportation Safety Board in the Department of Transportation 
was replaced by an independent National Transportation Safety Board 
outside the Department, and 49 App.:1903(a)(9)(A) gave the independent 
Board the authority to review appeals from actions of the Secretary 
under 49 App.:1422, 1429, and 1431(e).
    In subsection (c), the words ``vote and'' are omitted as surplus.
    In subsection (d), the words ``officer or employee of the 
Administration'' are substituted for ``member'' for clarity and 
consistency in the revised title and with other titles of the United 
States Code. The words ``hearing or'' are omitted as surplus. The words 
``referred to in subsection (a) of this section'' are added for clarity.
