alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Petition for Registration of Title of Lot No. 3381, Chalan Pago, Sinajana, Guam, Estate of BENITA GUEVARA REYES, deceased, Appellee In the Matter of the Petition for Registration of Title of Land Designated as Lot No. 3232-New, Chalan Pago, Guam, Estate of JUAN AGUON CEPEDA, deceased, Appellant

Civil No. 109-A

District Court of Guam Appellate Division

August 16, 1974

Before WILLIAMS, TURNER, and BENSON, *Judges*

PER CURIAM

OPINION

The Estate of Reyes prevailed in .the lower court in its action to register Lot 3381. All of Lot 3381 lies within the northern portion of Lot 3232-New sought to be registered by the Estate of Cepeda. The actions were consolidated for trial.

The appeal does not question the findings or judgment registering Lot 3381 in the Estate of Reyes. Rather it questions that portion of the judgment denying without prejudice the petition of the Estate of Cepeda.-

The trial court made no findings as to whether the Estate of Cepeda had established title to that portion of Lot 3232-New remaining after finding the ownership of Lot 3381 in *235the Estate of Reyes. We find that such a finding should have been made. Section 1157.13 of the Civil Code.

This case is remanded to the Superior Court of Guam for further proceedings consistent with this opinion.

Reversed and remanded.
### §3201. Purposes; coverage

#### (a) Purposes

The purposes of this chapter are to encourage—

(1) conservation of energy supplied by gas utilities;

(2) the optimization of the efficiency of use of facilities and resources by gas utility systems; and

(3) equitable rates to gas consumers of natural gas.

#### (b) Volume of total retail sales

This chapter applies to each gas utility in any calendar year, and to each proceeding relating to each gas utility in such year, if the total sales of natural gas by such utility for purposes other than resale exceeded 10 billion cubic feet during any calendar year beginning after December 31, 1975, and before the immediately preceding calendar year.

#### (c) Exclusion of wholesale sales

The requirements of this chapter do not apply to the operations of a gas utility, or to proceedings respecting such operations, to the extent that such operations or proceedings relate to sales of natural gas for purposes of resale.

#### (d) List of covered utilities

Before the beginning of each calendar year, the Secretary shall publish a list identifying each gas utility to which this chapter applies during such calendar year. Promptly after publication of such list, each State regulatory authority shall notify the Secretary of each gas utility on the list for which such State regulatory authority has ratemaking authority.

(Pub. L. 95–617, title III, §301, Nov. 9, 1978, 92 Stat. 3149.)

#### **Statutory Notes and Related Subsidiaries**

#### Definitions

The definition of Secretary in section 2602 of Title 16, Conservation, applies to this section.
### Accreditation?

Adequate Regulatory Oversight - What % of errors is acceptable? - We see about 50% and they know we’re coming out to observe. - At ~90% of the test programs observed, only about 5 - 10% of the test programs have unobserved errors. So me of thos e are found in the test report reviews.
EXHIBIT 32.2

                      CERTIFICATION PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-K of Gilman + Ciocia, Inc. (the
"Company") for the fiscal year ended June 30, 2005, as amended by this Form
10K/A as filed with the Securities and Exchange Commission on the date hereof
(the "Report"),I, Dennis Conroy, Chief Accounting Officer of the Company,
certify, pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

      (1) the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

      (2) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


By:   /s/ Dennis Conroy
      --------------------------
Name: Dennis Conroy
      Chief Accounting Officer

Date: June 15, 2006
#### § 401.7 Further action.

The Commission will review the Comprehensive Plan in its entirety at least once every six years from the date of the initial adoption of the Comprehensive Plan (March 28, 1962). Such review may include consideration of proposals submitted by the signatory parties, agencies or political subdivision thereof or other interested parties. The amendments, additions, and deletions adopted by the Commission will be compiled and the Plan as so revised shall be made available for public inspection.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the third
quarter 10-QSB for the fiscal year ending August 31, 1999 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000835412
<NAME> TMS, INC.

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               AUG-31-1999
<PERIOD-END>                    MAY-31-1999
<CASH>                              721,870
<SECURITIES>                              0
<RECEIVABLES>                     1,248,721
<ALLOWANCES>                        269,140
<INVENTORY>                               0
<CURRENT-ASSETS>                  2,483,453
<PP&E>                            2,901,441
<DEPRECIATION>                    1,529,278
<TOTAL-ASSETS>                    4,585,308
<CURRENT-LIABILITIES>               511,476
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                            687,316
<OTHER-SE>                        3,065,877
<TOTAL-LIABILITY-AND-EQUITY>      4,585,308
<SALES>                           3,892,442
<TOTAL-REVENUES>                  3,892,442
<CGS>                             1,704,693
<TOTAL-COSTS>                     4,428,475
<OTHER-EXPENSES>                  2,723,782
<LOSS-PROVISION>                    110,802
<INTEREST-EXPENSE>                   24,697
<INCOME-PRETAX>                    (536,033)
<INCOME-TAX>                          2,943
<INCOME-CONTINUING>                (531,601)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                       (531,601)
<EPS-BASIC>                          (.04)
<EPS-DILUTED>                          (.04)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               JAN-31-1998
<CASH>                                          24,642
<SECURITIES>                                         0
<RECEIVABLES>                                      972
<ALLOWANCES>                                         0
<INVENTORY>                                    242,406
<CURRENT-ASSETS>                               357,228
<PP&E>                                         594,337
<DEPRECIATION>                                 561,186
<TOTAL-ASSETS>                               5,997,048
<CURRENT-LIABILITIES>                          460,967
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     8,200,638
<OTHER-SE>                                 (2,664,557)
<TOTAL-LIABILITY-AND-EQUITY>                 5,997,048
<SALES>                                         47,472
<TOTAL-REVENUES>                                47,472
<CGS>                                           33,167
<TOTAL-COSTS>                                  511,810
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                             (489,425)
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (489,425)
<INCOME-TAX>                                       100
<INCOME-CONTINUING>                          (489,525)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (489,525)
<EPS-PRIMARY>                                    (.09)
<EPS-DILUTED>                                    (.09)
        

</TABLE>
§ 806.16 Completeness of application. ( a ) The Commission's staff shall review the application, and if necessary, request the project sponsor to provide any additional information that is deemed pertinent for proper evaluation of the project.
( b ) An application deemed administratively incomplete will be returned to the project sponsor, who shall have 30 days to cure the administrative deficiencies. An application deemed technically deficient may be returned to the project sponsor, who shall have a period of time prescribed by Commission staff to cure the technical deficiencies. Failure to cure either administrative or technical deficiencies within the prescribed time may result in termination of the application process and forfeiture of any fees submitted.
( c ) The project sponsor has a duty to provide information reasonably necessary for the Commission's review of the application. If the project sponsor fails to respond to the Commission's request for additional information, the Commission may terminate the application process, close the file and so notify the project sponsor. The project sponsor may reapply without prejudice by submitting a new application and fee.
### §8932. Performance standard for the detection of highly fluorinated compounds

#### (a) In general

The Director, in consultation with the Administrator, shall establish a performance standard for the detection of highly fluorinated compounds.

#### (b) Emphasis

#### (1) In general

In developing the performance standard under subsection (a), the Director shall emphasize the ability to detect as many highly fluorinated compounds present in the environment as possible using validated analytical methods that—

(A) achieve limits of quantitation (as defined in the document of the United States Geological Survey entitled "Analytical Methods for Chemical Analysis of Geologic and Other Materials, U.S. Geological Survey" and dated 2002); and

(B) are as sensitive as is feasible and practicable.

#### (2) Requirement

In developing the performance standard under subsection (a), the Director may—

(A) develop quality assurance and quality control measures to ensure accurate sampling and testing;

(B) develop a training program with respect to the appropriate method of sample collection and analysis of highly fluorinated compounds; and

(C) coordinate as necessary with the Administrator, including, if appropriate, to develop methods to detect individual and different highly fluorinated compounds simultaneously.

(Pub. L. 116–92, div. F, title LXXIII, §7332, Dec. 20, 2019, 133 Stat. 2282.)
**EXHIBIT 31.2**
**CERTIFICATIONS**
I, Joseph L. Turner, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Myogen, Inc.;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;
b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
c) disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors or (or persons performing the equivalent functions):
a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process, summarize and report financialinformation; and
b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.   Date: December 4, 2003    /s/ Joseph L. Turner    Joseph L. TurnerVice President, Finance and Chief Financial Officer(Principal Financial Officer)
# C_2011113EN.01000601.xml

| 9.4.2011 | EN | Official Journal of the European Union | C 113/6 |
| --- | --- | --- | --- |

9.4.2011

EN

Official Journal of the European Union

C 113/6

---

Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 20 January 2011 — Marianne Scheunemann v Finanzamt Bremerhaven

(Case C-31/11)

2011/C 113/10

Language of the case: German

Referring court

Referring court

Bundesfinanzhof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Marianne Scheunemann

Applicant:

Defendant: Finanzamt Bremerhaven

Defendant:

Question referred

Question referred

Must Article 56(1) of the Treaty establishing the European Community, in conjunction with Article 58 thereof, be interpreted as precluding legislation of a Member State which, for the purposes of calculating the inheritance tax on an estate, provides that account be taken of the entire value of a shareholding, forming part of private assets, as a sole shareholder in a capital company with its registered office and principal place of business in Canada, whereas where such a shareholding in a capital company with its registered office or principal place of business in Germany is acquired a tax free amount is granted and only 65 % of the remaining value is taken into account?

---
#### § 1309.16 What is the alternate funds disbursal procedure?

When TVA withholds funds from a recipient under this part, TVA may contract to disburse the withheld funds directly to any public or nonprofit private organization or agency, or State or political subdivision of the State. These alternate recipients must demonstrate the ability to comply with this part and to achieve the goals of the Federal financial assistance involved.

[46 FR 30811, June 11, 1981, as amended at 68 FR 51357, Aug. 26, 2003]
#### § 376.206 Delegation of functions of certain Commission staff members.

When, by reason of emergency conditions, the Secretary, Director of any Office or Division, or officer in charge of a regional office, is not available and capable of carrying out his or her functions, such functions are delegated to staff members designated by the Chairman to perform such functions. If no staff member so designated is available and capable of carrying out their functions, such functions are delegated to the next subordinate employee in the Office or Division of the highest grade and longest period of service in that grade. If no subordinate employee of the Office or Division is available and capable of carrying out their functions, such functions are delegated to the Commission employee of the highest grade and longest period of service in that grade who is available and capable of carrying out their functions.

[Order 680, 71 FR 42595, July 27, 2006]
§ 292.17 How must an application describe the benefits and impacts of the proposed gaming establishment to the tribe and its members? To satisfy the requirements of § 292.16(e), an application must contain: ( a ) Projections of class II and class III gaming income statements, balance sheets, fixed assets accounting, and cash flow statements for the gaming entity and the tribe;
( b ) Projected tribal employment, job training, and career development;
( c ) Projected benefits to the tribe and its members from tourism;
( d ) Projected benefits to the tribe and its members from the proposed uses of the increased tribal income;
( e ) Projected benefits to the relationship between the tribe and non-Indian communities;
( f ) Possible adverse impacts on the tribe and its members and plans for addressing those impacts;
( g ) Distance of the land from the location where the tribe maintains core governmental functions;
( h ) Evidence that the tribe owns the land in fee or holds an option to acquire the land at the sole discretion of the tribe, or holds other contractual rights to cause the lands to be transferred from a third party to the tribe or directly to the United States;
( i ) Evidence of significant historical connections, if any, to the land; and
( j ) Any other information that may provide a basis for a Secretarial Determination that the gaming establishment would be in the best interest of the tribe and its members, including copies of any: ( 1 ) Consulting agreements relating to the proposed gaming establishment;
( 2 ) Financial and loan agreements relating to the proposed gaming establishment; and
( 3 ) Other agreements relative to the purchase, acquisition, construction, or financing of the proposed gaming establishment, or the acquisition of the land where the gaming establishment will be located.
§ 157.217 Changes in rate schedules. ( a ) *Automatic authorization.* The certificate holder is authorized to permit an existing customer, at the customer's request, to change from part 157 individually certificated transportation or storage service to part 284 transportation or storage service, and to abandon the part 157 service, if: ( 1 ) The combined volumetric limitations on deliveries to the customer under both rate schedules are not increased, for either annual or peak day limitations;
( 2 ) The conversion will reflect all the maximum rates and charges associated with the service;
( 3 ) The changes are consistent with the terms of the effective tariffs on file with the Commission. The certificate holder is granted a limited waiver of its tariff requiring posting of available capacity.
( 4 ) The certificate holder shall make a filing to reflect removal of the part 157 rate schedule from its tariff. This tariff filing must be filed in the electronic format required by § 154.4 of this chapter.
( b ) *Reporting requirements.* In the annual report for any year in which the certificate holder has permitted an existing customer to change from one rate schedule to another pursuant to this section, the certificate holder shall state: ( 1 ) The name of the customer;
( 2 ) The rate schedules and associated rates involved; and
( 3 ) The effective date of the change.
[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 603, 64 FR 26609, May 14, 1999; Order 603-A, 64 FR 54537, Oct. 7, 1999; Order 714, 73 FR 57535, Oct. 3, 2008]
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report on Form 10-K of Cambridge Heart, Inc. (the Company) for the period ended
December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Ali Haghighi-Mood, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, that:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and

(2) the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

Dated: March 23, 2011

/s/ Ali Haghighi-MoodAli Haghighi-MoodPresident and Chief Executive Officer
II 

116TH CONGRESS 

1ST SESSION S. 753 

To amend title XVIII of the Social Security Act to count a period of receipt 

of outpatient observation services in a hospital toward satisfying the 

3-day inpatient hospital requirement for coverage of skilled nursing facility services under Medicare. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2019 

Mr. BROWN (for himself, Mr. WHITEHOUSE, Mrs. CAPITO, Ms. COLLINS, Mr. 

KING, Mrs. SHAHEEN, Mr. REED, Mr. LEAHY, Mr. BLUMENTHAL, Mr. 

COONS, Ms. HASSAN, Ms. HARRIS, Mr. PETERS, Ms. KLOBUCHAR, Mr. 

CARDIN, Ms. SMITH, Mr. MARKEY, Ms. STABENOW, and Ms. WARREN) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to count 

a period of receipt of outpatient observation services 

in a hospital toward satisfying the 3-day inpatient hospital requirement for coverage of skilled nursing facility 

services under Medicare. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Access to 

5 Medicare Coverage Act of 2019’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 753 IS

1 SEC. 2. COUNTING A PERIOD OF RECEIPT OF OUTPATIENT 

2 OBSERVATION SERVICES IN A HOSPITAL TO3 WARD THE 3-DAY INPATIENT HOSPITAL RE4 QUIREMENT FOR COVERAGE OF SKILLED 

5 NURSING FACILITY SERVICES UNDER MEDI6 CARE. 

7 (a) IN GENERAL.—Section 1861(i) of the Social Se8 curity Act (42 U.S.C. 1395x(i)) is amended by adding at 

9 the end the following: ‘‘For purposes of this subsection, 

10 an individual receiving outpatient observation services 

11 shall be deemed to be an inpatient during such period, 

12 and the date such individual ceases receiving such services 

13 shall be deemed the hospital discharge date (unless such 

14 individual is admitted as a hospital inpatient at the end 

15 of such period).’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall apply to receipt of outpatient observa18 tion services beginning on or after January 1, 2019, but 

19 applies to a period of post-hospital extended care services 

20 that was completed before the date of the enactment of 

21 this Act only if an administrative appeal is or has been 

22 made with respect to such services not later than 90 days 

23 after the date of the enactment of this Act. Notwith24 standing any other provision of law, the Secretary of 

25 Health and Human Services may implement such amendVerDate Sep 11 2014 02:02 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S753.IS S753

pamtmann on DSKBFK8HB2PROD with BILLS
3 

•S 753 IS

1 ment through an interim final regulation, program in2 struction, or otherwise. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS