alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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§ 36.209 Illegal use of drugs. ( a ) *General.* ( 1 ) Except as provided in paragraph (b) of this section, this part does not prohibit discrimination against an individual based on that individual's current illegal use of drugs.
( 2 ) A public accommodation shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who— ( i ) Has successfully completed a supervised drug rehabilitation program or has otherwise been rehabilitated successfully;
( ii ) Is participating in a supervised rehabilitation program; or
( iii ) Is erroneously regarded as engaging in such use.
( b ) *Health and drug rehabilitation services.* ( 1 ) A public accommodation shall not deny health services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs, if the individual is otherwise entitled to such services.
( 2 ) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program.
( c ) *Drug testing.* ( 1 ) This part does not prohibit a public accommodation from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in current illegal use of drugs.
( 2 ) Nothing in this paragraph (c) shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs.
§ 2.4 Suspension of rate schedules. The Commission approved and adopted on May 29, 1945, the following conclusions as to its powers of suspension of rate schedules under section 205 of the act: ( a ) The Commission cannot suspend a rate schedule after its effective date.
( b ) The Commission can suspend any new schedule making any change in an existing filed rate schedule, including any rate, charge, classification, or service, or in any rule, regulation, or contract relating thereto, contained in the filed schedule.
( c ) Included in such changes which may be suspended are: ( 1 ) Increases.
( 2 ) Reductions.
( 3 ) Discriminatory changes.
( 4 ) Cancellation or notice of termination.
( 5 ) Changes in classification, service, rule, regulation or contract.
( d ) Immaterial, unimportant or routine changes will not be suspended.
( e ) During suspension, the prior existing rate schedule continues in effect and should not be changed during suspension.
( f ) Changes under escalator clauses may be suspended as changes in existing filed schedules.
( g ) Suspension of a rate schedule, within the ambit of the Commission's statutory authority is a matter within the discretion of the Commission.
(Natural Gas Act, 15 U.S.C. 717-717w (1976 & Supp. IV 1980); Federal Power Act, 16 U.S.C. 791a-828c (1976 & Supp. IV 1980); Dept. of Energy Organization Act, 42 U.S.C. 7101-7352 (Supp. IV 1980); E.O. 12009, 3 CFR part 142 (1978); 5 U.S.C. 553 (1976))
[Order 141, 12 FR 8471, Dec. 19, 1947. Redesignated by Order 147, 13 FR 8259, Dec. 23, 1948, and amended by Order 303, 48 FR 24361, June 1, 1983; Order 575, 60 FR 4852, Jan. 25, 1995]
### §460aa–3. Private land, regulations

#### (a) Use, subdivision and development standards; detail and specificity; land differences; amendment; promulgation; civil actions: jurisdiction, complaint, declaratory judgment

The Secretary shall make and publish regulations setting standards for the use, subdivision, and development of privately owned property within the boundaries of the recreation area. Such regulations shall be generally in furtherance of the purposes of this subchapter and shall have the object of assuring that the highest and best private use, subdivision, and development of such privately owned property is consistent with the purposes of this subchapter and with the overall general plan of the recreation area. Such regulations shall be as detailed and specific as is reasonably required to accomplish such objective and purpose. Such regulations may differ amongst the several parcels of private land in the boundaries and may from time to time be amended by the Secretary. All regulations adopted under this section shall be promulgated in conformity with the provisions of subchapter II of chapter 5, and chapter 7, of title 5. The United States District Court for the District of Idaho shall have jurisdiction to review any regulations established pursuant to the first sentence of this subsection, upon a complaint filed within six months after the effective date of such regulations, by any affected landowner in an action for a declaratory judgment.

#### (b) Condemnation restriction; acquisitions limitation

After publication of such regulations, no privately owned lands shall be acquired by the Secretary by condemnation unless he determines, in his judgment, that such lands are being used, or are in imminent danger of being used, in a manner incompatible with the regulations established pursuant to this section or unless such lands are determined to be necessary for access or development, in which case such acquisitions shall be subject to the 5 per centum limitation established in section 460aa–2(a) of this title.

(Pub. L. 92–400, §4, Aug. 22, 1972, 86 Stat. 613.)

#### **Editorial Notes**

#### Codification

In subsec. (a), "subchapter II of chapter 5, and chapter 7, of title 5" was substituted for "the Administrative Procedure Act" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
MINUTES OF THE GOVERNING BOARD

OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT

LANCASTER, CALIFORNIA

AGENDA ITEM 

DATE: April 15, 2014

RECOMMENDATION: Conduct a public hearing to consider the amendment of Rule 

701- Air Pollution Emergency Contingency Actions: a. Open public hearing; b. Receive 

staff report; c. Receive public testimony; d. Close public hearing; e. Make a 

determination that the CEQA Categorical Exemption applies; f. Waive reading of 

Resolution; g. Adopt Resolution making appropriate findings, certifying the Notice of 

Exemption amending Rule 701- Air Pollution Emergency Contingency Actions and 

directing staff actions.

SUMMARY: The proposed amendment to Rule 701 will provide administrative cleanup 

of this rule by replacing out-of-date references and updating rule format.

BACKGROUND: The Antelope Valley Air Pollution Control District (AVAPCD) was 

created by statute on July 1, 1997, with a jurisdiction of the Los Angeles County portion 

of the South Coast Air Quality Management District (SCAQMD) that was not within the 

South Coast Air Basin. SCAQMD rules in effect in the AVAPCD remained in effect 

until the AVAPCD Governing Board superseded or amended them. On January 1, 2002 

the AVAQMD was formed pursuant to statute to replace the AVAPCD (Health & Safety 

Code §§41300 et seq.). The rules of the AVAPCD also remain in effect until the 

AVAQMD Governing Board supersedes or amends them

The proposed amendments to Rule 701 Air Pollution Emergency Contingency Actions

will provide administrative cleanup of this rule by replacing out-of-date references, 

updating rule format and adjusting Episode Criteria for PM.

This action was previously noticed by publication December 20, 2013, but no action was 

taken.

A Notice of Exemption, Categorical Exemption (Class 8; 14 Cal. Code Reg. §15308) will 

be prepared by the AVAQMD for the Amendment of Rule 701 pursuant to the 

requirements of CEQA.

Cc:Barbara Lods
MINUTES OF THE GOVERNING BOARD

OF THE ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT

LANCASTER, CALIFORNIA

AGENDA ITEM PAGE 2

REASON FOR RECOMMENDATION: Health & Safety Code §§40702 and 40703 require 

the Governing Board to hold a public hearing before adopting rules and regulations. Also, 42 

U.S.C. §7410(l) (FCAA §110(l)) requires that all SIP revisions be adopted after public notice 

and hearing.

REVIEW BY OTHERS: This item was reviewed as to legal form by Karen Nowak, District 

Counsel and by Eldon Heaston, Executive Director on or before March 31, 2014.

FINANCIAL DATA: No increase in appropriation is anticipated.

PRESENTER: Bret Banks, Operations Manager
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<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE CONSOLIDATED
BALANCE SHEET AND THE CONSOLIDATED STATEMENT OF OPERATIONS, AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

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<CGS>                                                0
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§ 71.39 Appeal to authority head. ( a ) Any defendant who has filed a timely answer and who is determined in an initial decision to be liable for a civil penalty or assessment may appeal such decision to the authority head by filing a notice of appeal with the authority head in accordance with this section. ( 1 ) A notice of appeal may be filed at any time within 30 days after the ALJ issues an initial decision. However, if another party files a motion for reconsideration under § 71.38, consideration of the appeal shall be stayed automatically pending resolution of the motion for reconsideration.
( 2 ) If a motion for reconsideration is timely filed, a notice of appeal may be filed within 30 days after the ALJ denies the motion or issues a revised initial decision, whichever applies.
( 3 ) The authority head may extend the initial 30 day period for an additional 30 days if the defendant files with the authority head a request for an extension within the initial 30 day period and shows good cause.
( b ) If the defendant files a timely notice of appeal with the authority head and the time for filing motions for reconsideration under § 71.38 has expired, the ALJ shall forward the record of the proceeding to the authority head.
( c ) A notice of appeal shall be accompanied by a written brief specifying exceptions to the initial decision and reasons supporting the exceptions.
( d ) The representative for the Government may file a brief in opposition to exceptions within 30 days of receiving the notice of appeal and accompanying brief.
( e ) There is no right to appear personally before the authority head.
( f ) There is no right to appeal any interlocutory ruling by the ALJ.
( g ) In reviewing the initial decision, the authority head shall not consider any objection that was not raised before the ALJ unless the objecting party can demonstrate extraordinary circumstances causing the failure to raise the objection.
( h ) If any party demonstrates to the satisfaction of the authority head that additional evidence not presented at such hearing is material and that there was reasonable grounds for the failure to present such evidence at such hearing, the authority head shall remand the matter to the ALJ for consideration of such additional evidence.
( i ) The authority head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment, determined by the ALJ in any initial decision.
( j ) The authority head shall promptly serve each party to the appeal with a copy of the decision of the authority head and a statement describing the right of any person determined to be liable for a penalty or assessment to seek judicial review.
( k ) Unless a petition for review is filed as provided in 31 U.S.C. 3805 after a defendant has exhausted all administrative remedies under this part and within 60 days after the date on which the authority head serves the defendant with a copy of the authority head's decision, a determination that a defendant is liable under § 71.3 is final and not subject to judicial review.
### §410d. Acceptance and protection of property pending establishment of park; publication of establishment order

(a) For the purpose of protecting the scenery, the wildlife, and other natural features of the region authorized to be established as the Everglades National Park by sections 410 to 410c of this title, notwithstanding any provision contained in said sections, the Secretary of the Interior is authorized in his discretion to accept on behalf of the United States any land, submerged land, or interests therein, subject to such reservations of oil, gas, or mineral rights as the Secretary may approve, within the area of approximately two thousand square miles recommended by said Secretary in his report to the Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443): Provided, That no general development of the property accepted pursuant to this section shall be undertaken nor shall the park be established until title satisfactory to the Secretary to a major portion of the lands, to be selected by him, within the aforesaid recommended area shall have been vested in the United States: Provided further, That until the property acquired by the United States pursuant to this section has been cleared of the aforesaid reservations, the Secretary in his discretion shall furnish such protection thereover as may be necessary for the accomplishment of the purposes of this section: And provided further, That in the event the park is not established within ten years from December 6, 1944, or upon the abandonment of the park at any time after its establishment, title to any lands accepted pursuant to the provisions of this section shall thereupon automatically revest in the State of Florida or other grantors of such property to the United States.

(b) Upon the execution of the aforesaid provisions relating to establishment thereof, the Everglades National Park shall be established by order of the Secretary which shall be published in the Federal Register.

(Dec. 6, 1944, ch. 508, 58 Stat. 794.)

#### **Editorial Notes**

#### References in Text

Act of March 1, 1929 (45 Stat. 1443), referred to in subsec. (a), is act Mar. 1, 1929, ch. 446, 45 Stat. 1443, which is not classified to the Code.