alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 300.106 Extended school year services. ( a ) *General.* ( 1 ) Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section.
( 2 ) Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, in accordance with §§ 300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.
( 3 ) In implementing the requirements of this section, a public agency may not— ( i ) Limit extended school year services to particular categories of disability; or
( ii ) Unilaterally limit the type, amount, or duration of those services.
( b ) *Definition.* As used in this section, the term extended school year services means special education and related services that— ( 1 ) Are provided to a child with a disability— ( i ) Beyond the normal school year of the public agency;
( ii ) In accordance with the child's IEP; and
( iii ) At no cost to the parents of the child; and
( 2 ) Meet the standards of the SEA.
(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(1))
RICHARD E. WETZEL

ATTORNEY AT LAW

1411 WEST AVENUE, SUITE 100
AUSTIN, TX 78701 (512) 469- 7943

Board Certified Criminal Law (512) 474-5594 - fax And Criminal Appellate Law by wetzel_law @1411west.com The Texas Board of Legal Specialization www.TexasCriminalAppealsLawyer.com

May 31 , 2016

Mr. Ab el Acosta

, Clerk Court of Criminal Appeals

P.O. Box 12308 Capitol Station Austin, TX

78711

Re: Petetan v. State, No. AP-77,038

Dear Mr. Acosta:

Pursuant to your request of April 25, 2016, please accept the following as a statement regarding oral argument in the above pursuant to T EX . R. A PP . P. 71.3. This is a capital murder case in which the death penalty was assessed. A total of 30 points of error are presented in appellant’s opening and supplemental briefs.

Among the issued to be resolved on direct appeal are the following:

Whether the trial court abused its discretion by allowing the State to invoke Petetan’s attorney -client privilege as to testimony he sought to offer from his former attorney on the issue of competency to stand trial (Point of Error One). Whether the trial court abused its discretion by excluding evidence Petetan sought to offer concerning the legal fate of those who obtain an incompetency determination through malingering (Point of Error Two). Whether t he jury’s answer to the intellectual disability special issue is against the great weight and preponderance of the evidence (Point of Error 10).

The tenth point of error includes a challenge to this Court’s jurisprudence in Ex parte Briseno

, 135 S.W.3d 1 (Tex. Crim. App. 2004). That opinion is receiving AP-77,038

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS
Transmitted 5/31/2016 2:43:13 PM Accepted 6/1/2016 8:14:41 AM

ABEL ACOSTA
CLERKLetter to Abel Acosta

May 31, 2016 Page Two

keen interest from the Supreme Court of the United States in Moore v. Texas , No.

15

- 797, which has been relisted five times on a request for certiorari review of this Court’s opinion in Ex parte Moore , 470 S.W.3 d 481 (Tex. Crim. App. 2015).

It is upon these issues that oral argument is particularly sought. Undersigned counsel is of the opinion that oral argument would serve to clarify those issues and to explain to the Court why Petetan should prevail on them.

Sincerely,

/s/ Richard E. Wetzel

Richard E. Wetzel Attorney at Law

cc: A C DA Harmon
MARKETING CONSULTING AGREEMENT

     1.  Telephone Connections Network (TCN) agrees to provide certain
         consulting service to DAC Technologies of America, Inc. ("DAC") .
         Inasmuch as TNC possesses certain knowledge and expertise as a
         marketing consultant and management consultant and sales consultant and
         is willing to share said knowledge and expertise with DAC and DAC is in
         need of said consulting services and is willing to pay TNC for
         providing said services, TNC and DAC hereby enter into this marketing
         consulting agreement.

     2.  The effective date of this agreement is March 1, 1995 and will continue
         in effect for five years.

     3.  The address of TNC for purposes of this Agreement is:

                         5100 N. Federal Highway, Suite 409
                         Fort Lauderdale, FL 33308

     4.  The address of DAC for purpose of this Agreement is:

                         3905 W. 81 Street, Suite D
                         Little Rock, AR   72209

     5.  TNC shall provide specific consulting services as DAC and TNC shall
         from time to time determine.

     6.  TNC shall bill DAC for its services at a fee as from time to time may
         be agreed upon by DAC and all fees shall be payable by the 15th of each
         month following the month in which the services were rendered. The
         monthly fee is estimated to be $10,000.

     7.  This agreement may be cancelled by either party subject to a 30 day
         written notice.

     8.  Both parties agree that in the event of a dispute, the laws of the
         State of Florida shall be binding.

     9.  In the event of a dispute, both parties agree to submit to binding
         arbitration.

/s/ D. Collins                                       March 1, 1995
----------------------------------
DAC Technologies of America, Inc.                        Date

/s/ Larry Legel                                      March 1, 1995
----------------------------------
Telephone Connections Network, Inc.                      Date
by Larry Legel
Exhibit 31.1
                   CERTIFICATION PURSUANT TO
         SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

     I, Kim Boyce, President of Reflect Scientific, Inc. (the "small business
issuer"), certify that:

     1.   I have reviewed this quarterly report (the "Quarterly Report") on
Form 10-QSB of the small business issuer;

     2.   Based on my knowledge, this Quarterly Report does not contain any
untrue statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by
this Quarterly Report;

     3.   Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all
material respects the financial condition, results of operations and cash
flows of the small business issuer as of, and for, the periods presented in
this Quarterly Report;

     4.   The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the small
business issuer and have:

     a)   designed such disclosure controls and procedures to ensure that
          material information relating to the small business issuer,
          including its consolidated subsidiaries, is made known to me by
          others within those entities, particularly during the period in
          which this Quarterly Report is being prepared;

     b)   evaluated the effectiveness of the small business issuer's
          disclosure controls and procedures as of a date within 90 days prior
          to the filing date of this Quarterly Report (the "Evaluation Date");
          and

     c)   presented in this Quarterly Report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation, to the small business issuer's
auditors and the audit committee of the small business issuer's board of
directors (or persons performing the equivalent functions);

     a)   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the small business issuer's
          ability to record, process, summarize and report financial data and
          have identified for the small business issuers auditors any material
          weaknesses in internal controls; and

     b)   any fraud, whether or not material, that involves management or
          other employees who have a significant role in the small business
          issuer's internal controls; and

Dated: 08/10/05                      Signature:/s/Kim Boyce
                                     Kim Boyce
                                     President
#### § 681.54 Payment of refunds by schools.

A participating school must pay that portion of a refund that is allocable to a HEAL loan directly to the original lender (or to a subsequent holder of the loan note, if the school has knowledge of the holder's identity). At the same time, the school must provide to the borrower written notice that it is doing so.

(Approved by the Office of Management and Budget under control number 1845-0125)
### §39. Traffic signal preemption transmitters

(a) Offenses.—

(1) Sale.—Whoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a nonqualifying user shall be fined under this title, or imprisoned not more than 1 year, or both.

(2) Use.—Whoever, in or affecting interstate or foreign commerce, being a nonqualifying user makes unauthorized use of a traffic signal preemption transmitter shall be fined under this title, or imprisoned not more than 6 months, or both.

(b) Definitions.—In this section, the following definitions apply:

(1) Traffic signal preemption transmitter.—The term "traffic signal preemption transmitter" means any mechanism that can change or alter a traffic signal's phase time or sequence.

(2) Nonqualifying user.—The term "nonqualifying user" means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or private corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity, but does not include a person using a traffic signal preemption transmitter for classroom or instructional purposes.

(Added Pub. L. 109–59, title II, §2018(a), Aug. 10, 2005, 119 Stat. 1542.)

#### **Editorial Notes**

#### Codification

Another section 39 was renumbered section 40 of this title.
Appendix C 

Viewshed Analysis 
Lost Creek In Situ Recovery Draft EIS Appendix C C-1 
Lost Creek In Situ Recovery Draft EIS Appendix C C-2 
Lost Creek In Situ Recovery Draft EIS Appendix C C-3 
Lost Creek In Situ Recovery Draft EIS Appendix C C-4 
Lost Creek In Situ Recovery Draft EIS Appendix C C-5
NO. SCWC-10-0000141 IN THE SUPREME COURT OF THE STATE OF HAWAI # I

STATE OF HAWAI # I, Respondent/Plaintiff-Appellee,

vs. WILLIAM EUGENE MAHADY, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. CAAP-10-0000141; FC-CR NO. 10-1-1471) ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, and McKenna, JJ., and Circuit Judge Border, in place of Duffy, J., recused, with Acoba, J., dissenting separately) The Application for Writ of Certiorari filed on April 16, 2012 by Petitioner/Defendant-Appellant William Eugene Mahady is hereby rejected.

DATED: Honolulu, Hawai # i, May 31, 2012.
Jon Ikenaga, deputy /s/ Mark E. Recktenwald public defender, for petitioner /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Patrick W. Border Electronically Filed Supreme Court SCWC-10-0000141 31-MAY-2012 10:12 AM
### §406d–3. Compensation for tax losses; limitation on annual amount

(a) In order to provide compensation for tax losses sustained as a result of any acquisition by the United States, subsequent to March 15, 1943, of privately owned lands, together with any improvements thereon, located within the exterior boundary of the Grand Teton National Park established by this Act, payments shall be made to the State of Wyoming for distribution to the county in which such lands are located in accordance with the following schedule of payments: For the fiscal year in which the land has been or may be acquired and nine years thereafter there shall be paid an amount equal to the full amount of annual taxes last assessed and levied on the land, together with any improvements thereon, by public taxing units in such county, less any amount, to be determined by the Secretary of the Interior, which may have been paid on account of taxes for any period falling within such fiscal year. For each succeeding fiscal year, until twenty years elapse, there shall be paid on account of such land an amount equal to the full amount of taxes referred to in the preceding sentence, less 5 per centum of such full amount for each fiscal year, including the year for which the payment is to be made: Provided, That the amount payable under the foregoing schedule for any fiscal year preceding the first full fiscal year following September 14, 1950, shall not become payable until the end of such first full fiscal year.

(b) As soon as practicable after the end of each fiscal year, the amount then due for such fiscal year shall be computed and certified by the Secretary of the Interior, and shall be paid by the Secretary of the Treasury: Provided, That such amount shall not exceed 25 per centum of the fees collected during such fiscal year from visitors to the Grand Teton National Park established by this Act, and the Yellowstone National Park. Payments made to the State of Wyoming under this section shall be distributed to the county where the lands acquired from private landowners are located and in such manner as the State of Wyoming may prescribe.

(Sept. 14, 1950, ch. 950, §5, 64 Stat. 851.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is act Sept. 14, 1950, ch. 950, 64 Stat. 849, which enacted this section, sections 406d–1, 406d–2, 406d–4, 406d–5, 431a, 451a, 482m, 673b, and 673c of this title, and provisions set out as notes under section 406d–1 of this title. Section 1 of the Act was partially repealed and restated as sections 104907 and 320301(d) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Tables.

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

#### Repeal of Inconsistent Laws

Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under section 406d–1 of this title.
# Official Journal C 127/21 A

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 127 |
| | |
| English edition | Information and Notices | Volume 6021 April 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 127

English edition

Information and Notices

Volume 6021 April 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 127/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2017/C 127/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union - Cases where the Commission raises no objections (
  2
  ) | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 127/01

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  )

1

1

2017/C 127/02

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union - Cases where the Commission raises no objections (
  2
  )

2

4

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |
| | (2)   Text with EEA relevance, except for products falling under Annex I of the Treaty. |

---

(1)   Text with EEA relevance.

1

(2)   Text with EEA relevance, except for products falling under Annex I of the Treaty.

2

| EN | |
| --- | --- |

EN
§ 668.216 Thirty-or-fewer borrowers appeals. ( a ) *Eligibility.* You may appeal a notice of a loss of eligibility under § 668.206 if 30 or fewer borrowers, in total, are included in the 3 most recent cohorts of borrowers used to calculate your cohort default rates.
( b ) *Deadline for submitting an appeal.* ( 1 ) Before notifying you of your official cohort default rate, we make an initial determination about whether you qualify for a thirty-or-fewer borrowers appeal. If we determine that you qualify, we notify you of that determination at the same time that we notify you of your official cohort default rate.
( 2 ) If you disagree with our initial determination, you must send us your thirty-or-fewer borrowers appeal, including all supporting documentation, within 30 days after you receive the notice of your loss of eligibility.
( c ) *Determination.* You do not lose eligibility under § 668.206 if we determine that you meet the requirements for a thirty-or-fewer borrowers appeal.
(Authority:20 U.S.C. 1082, 1085, 1094, 1099c)
Bureau of Land Managment (BLM) 

Bureau of Reclamation 

County / City Government 

Private 

State Lands 

Other Federal Lands 

US Forest Service (USFS) 

Water 

County Boundary 

Field Office / TPA Boundary 

U.S. DEPARTMENT OF THE INTERIOR
 

Bureau of Land Management
 

Butte Field Office
 

Draft RMP/EIS
 

Map 24: Upper Big Hole River 

Butte Travel Plan Route Designations 

Under Alternative C 

Malta 

Field Office 

Missoula 

Field Office 

Lewistown 

Field Office 

Miles City 

Butte Field Office 

Field 

Office 

Billings 

Field Office
### §2259A. Assessments in child pornography cases

(a) In General.—In addition to any other criminal penalty, restitution, or special assessment authorized by law, the court shall assess—

(1) not more than $17,000 on any person convicted of an offense under section 2252(a)(4) or 2252A(a)(5);

(2) not more than $35,000 on any person convicted of any other offense for trafficking in child pornography; and

(3) not more than $50,000 on any person convicted of a child pornography production offense.

(b) Annual Adjustment.—The dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index.

(c) Factors Considered.—In determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in sections 3553(a) and 3572.

(d) Imposition and Implementation.—

(1) In general.—The provisions of subchapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant.

(2) Effect on other penalties.—Imposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence:

(A) A special assessment under section 3013.

(B) Restitution to victims of any child pornography production or trafficking offense that the defendant committed.

(C) An assessment under this section.

(D) Other orders under any other section of this title.

(E) All other fines, penalties, costs, and other payments required under the sentence.

(Added Pub. L. 115–299, §5(a), Dec. 7, 2018, 132 Stat. 4386.)
(No. 77-CC-1536

#### Rice Gibson, Claimant, *v.*State of Illinois, Respondent.

*Order filed August 9, 1978.*

*698Per Curiam.

Claimant, an inmate of an Illinois penal institution, has brought this action to recover the value of certain items of personal property of which he was allegedly possessed while incarcerated. Cliamant contends that his property was lost, misplaced, stolen or destroyed while he was imprisoned, and that the loss of his property was proximately caused by the negligence of employees of the State of Illinois.

In *Bargas v. State, 32*Ill.Ct.Cl.__, this Court held that the State of Illinois does not owe a duty to inmates of its penal institutions to safeguard property which inmates keep in their cells. In the companion case of *Doubling v. State, 32 Ill.Ct.Cl.1,*we further held that only where the State takes actual physical possession of the property of an inmate, as during the course of his transfer between penal institutions, does a duty arise to use reasonable care in protecting the inmate’s property.

The complaint in this action does not allege that Claimant’s property was delivered to agents of the State, but rather that the property disappeared or was damaged in Claimant’s cell. Under our reasoning in *Bargas v. State, supra,*and *Doubling v. State, supra,*the complaint herein fails to state a claim upon which relief can be granted.

It is therefore ordered that this cause be, and hereby is, dismissed.
First Amendment to the Prudential Financial, Inc. Omnibus Plan



 Exhibit 10.1 
 FIRST AMENDMENT 
 TO THE 
 PRUDENTIAL FINANCIAL, INC. 
 OMNIBUS INCENTIVE PLAN 
 Pursuant to the power reserved to it in Section 11.1 of the Prudential Financial, Inc. Omnibus Incentive Plan, as amended and restated (the
“Plan”), the Plan is hereby amended, effective September 11, 2007, as follows: 
 The first sentence in the first paragraph
of Sections 5.4 of the Plan is hereby restated in its entirety as follows: 
 “In the event of any Adjustment Event, (a) the
aggregate number of shares of Common Stock available for Awards under Section 5.1, (b) the aggregate limitations on the number of shares that may be awarded as a particular type of Award or that may be awarded to any particular Participant
in any particular period under Section 5.2 and (c) the aggregate number of shares subject to outstanding Awards and the respective exercise prices or base prices applicable to outstanding Awards shall be equitably adjusted by the
Committee, in such manner as the Committee shall determine, with respect to such Adjustment Event, and the Committee’s determination shall be conclusive.”
Donald S. WelshRegional Administrator

U.S. Environmental Protection Agency

Region 3

1650 Arch Street

Philadelphia, PA 19103

Dear Mr. Welsh:

The purpose ofthis letter is to submit copies of the Metropolitan Washington DC 8-Hour Ozone

State Implementation Plan and Base Year Inventory (SIP# 07-03). This air quality plan shows how the

Metropolitan Washington DC Region expects to meet the 8-Hour Ozone National Ambient Air Quality

Standard (NAAQS).

A public hearing for this submission was held in Silver Spring, Maryland on April 23, 2007. All

required administrative procedures were followed throughout the hearing process. If you have any

questions concerning these submissions, please feel free to call George (Tad) S. Aburn, Jr., Director of the

Air and Radiation Management Administration at (410) 537-3255.

cc: Judy Katz, Director, Air Protection Division, EPA Region III

George (Tad) Aburn, Jr., Director, Air and Radiation Management Administration, MDE

Diane Franks, Program Manager, Air Quality Planning, MDEBrian Hug, Deputy Program Manager, Air Quality Planning, MDEJoan Rohlfs, Chief, Air Quality Planning, Metropolitan Washington Council of Governments

www.mde.state.md.us

‘ ç2

Very truly yours,

Enclosures

T. Wilson

Secretary

Recycled Paper TTY Users 1-800-735-2258

Via Maryland Relay Service