alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 185.115 Separation of functions. ( a ) The investigating official, the reviewing official, and any employee or agent of the authority who takes part in investigating, preparing, or presenting a particular case may not, in such case or a factually related case: ( 1 ) Participate in the hearing as the ALJ;
( 2 ) Participate or advise in the initial decision or the review of the initial decision by the authority head, except as a witness or a representative in public proceedings; or
( 3 ) Make the collection of penalties and assessments under section 3806 of title 31, United States Code.
( b ) The ALJ shall not be responsible to or subject to the supervision or direction of the investigating official or the reviewing official.
§ 2413.6 Notice of meetings; public announcement and publication. ( a ) A public announcement setting forth the time, place and subject matter of meetings, or portions thereof, closed to public observation pursuant to the provisions of § 2413.4(a), shall be made at the earliest practicable time.
( b ) Except for meetings closed to public observation pursuant to the provisions of § 2413.4(a), the agency shall make public announcement of each meeting to be held at least seven (7) days before the scheduled date of the meeting. The announcement shall specify the time, place and subject matter of the meeting, whether it is to be open to public observation or closed, and the name, address, and phone number of an agency official designated to respond to requests for information about the meeting. The seven (7) day period for advance notice may be shortened only upon a determination by a majority of the members of the Authority who will participate in the meeting that agency business requires that such meeting be called at an earlier date, in which event the public announcements shall be made at the earliest practicable time. A record of the vote to schedule a meeting at an earlier date shall be kept and made available to the public.
( c ) Within one (1) day after a vote to close a meeting, or any portion thereof, pursuant to the provisions § 2413.4(b), the agency shall make publicly available a full written explanation of its action closing the meeting, or portion thereof, together with a list of all persons expected to attend the meeting and their affiliation.
( d ) If after public announcement required by paragraph (b) of this section has been made, the time and place of the meeting are changed, a public announcement shall be made at the earliest practicable time. The subject matter of the meeting may be changed after the public announcement only if a majority of the members of the Authority who will participate in the meeting determine that agency business so requires and that no earlier announcement of the change was possible. When such a change in subject matter is approved, a public announcement of the change shall be made at the earliest practicable time. A record of the vote to change the subject matter of the meeting shall be kept and made available to the public.
( e ) All announcements or changes thereto issued pursuant to the provisions of paragraphs (b) and (d) of this section or pursuant to the provisions of § 2413.5(d) shall be submitted for publication in the Federal Register immediately following their release to the public.
( f ) Announcements of meetings made pursuant to the provisions of this section shall be made publicly available by the Executive Director.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs, Region I

 475 Allendale Road, King of Prussia, Pa.

 Web Site: http://www.nrc.gov/OPA

No. I-05-031 June 1, 2005

Contact: Diane Screnci, 610/337-5330 Email: opa1@nrc.gov

Neil Sheehan, 610/337-5331

NEW NRC RESIDENT INSPECTOR ASSIGNED 

TO LIMERICK NUCLEAR PLANT

Nuclear Regulatory Commission officials in King of Prussia, Pa., have assigned Carey

Colantoni as the new resident inspector at the Limerick nuclear power plant in Limerick, Pa. She joins

NRC Senior Resident Inspector Samuel Hansell at the two-unit site operated by Exelon Nuclear. 

“Carey Colantoni’s experience and commitment to safety will help the NRC ensure that

Limerick conducts operations with the highest safety standards to protect the public health and safety,”

said NRC Region I Administrator Samuel J. Collins. 

Ms. Colantoni joined the NRC in 2002 as a reactor inspector in the Regional Office. Prior to

joining the agency, she worked for Bechtel-Bettis in Charleston, SC., at the Naval Nuclear Power

Training Unit. 

Ms. Colantoni is a graduate of Pennsylvania State University, where she earned a bachelor’s

degree in chemical engineering. She also completed the U.S. Navy’s nuclear power school. 

Each U.S. commercial nuclear plant has at least two NRC resident inspectors. They serve as

the agency's eyes and ears at the facility, conducting inspections, monitoring major work projects and

interacting with plant workers and the public. 

The Limerick resident inspectors can be reached at 610/327-1344.

###
458 P.2d 592

#### STATE of New Mexico, Plaintiff-Appellee, v. Robert BYRD, Defendant-Appellant.

No. 8773.

Supreme Court of New Mexico.

Sept. 8, 1969.

Robert E. Sabin, Roswell, for appellant.

James A. Maloney, Atty. Gen., Oliver H. Miles, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

MOISE, Justice.

Defendant-Appellant seeks review herein of the denial by the trial court of his petition filed pursuant to Rule 93 (§ 21-1-1 (93), N.M.S.A.1953).

The only question presented for our consideration is whether the evidence is substantial to support the court’s finding that defendant’s guilty plea was entered knowingly and voluntarily. We have examined the record and conclude that the findings are supported by the evidence. Under our decisions, findings so supported are conclusive on appeal. Smith v. State, 79 N.M. 450, 444 P.2d 961 (1968); State v. Simien, 78 N.M. 709, 437 P.2d 708 (1968).

The judgment should be affirmed. It is so ordered.

NOBLE, C. J., and TACKETT, J., concur.
This section is Confidential Business Information.
#### § 2421.21 Affected by issues raised.

The phrase *affected by issues raised,* as used in part 2422, should be construed broadly to include parties and other labor organizations, or agencies or activities that have a connection to employees affected by, or questions presented in, a proceeding.

[60 FR 67291, Dec. 29, 1995]
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, D.C. 20555-0001 E-mail: opa@nrc.gov 

Web Site: http://www.nrc.gov

 

No. 06-017 February 7, 2006

NRC INVITES APPLICANTS FOR DIRECTOR OF NUCLEAR REGULATORY RESEARCH

The U.S. Nuclear Regulatory Commission is seeking qualified candidates for the position of

Director of the Office of Nuclear Regulatory Research (RES), the Congressionally mandated office for

research in support of regulatory decisions on nuclear reactors, nuclear materials and radioactive waste. 

“This is a key position in helping the NRC further protect public health and safety,” said

Chairman Nils J. Diaz. With an annual budget of approximately $70 million, and a growing staff of

235, RES has provided technical support, technical tools, and information to identify and resolve safety

issues for current and new reactor designs and technologies. In the coming years, the office will

explore such topics as advanced reactors, risk-informed regulations, materials degradation,

instrumentation and control, and accident analysis, working in cooperation with national laboratories,

universities, international partners, and others.

RES Director Carl Paperiello has announced his retirement after a long, distinguished career

with the NRC. “Paperiello has served the nation admirably in this role and has positioned the office for

an exciting future.” said Luis Reyes, the agencies Executive Director for Operations, “His successor

will inherit an opportunity to help direct exciting post-Energy Policy Act activities and the potential

review of new reactor license applications.”

This executive level position requires substantial supervisory, managerial, and/or policymaking experience along with demonstrated ability to conduct and lead research, evaluate research

products, and make sound technical judgements on the relative merit and feasibility of different or

competing research proposals. It also requires a broad knowledge of physical science and/or

engineering theories, principles and practices, and an understanding of their relationship to specific

technological issues, problems, and applications associated with nuclear facilities and materials. 

Candidates should have extensive knowledge of current nuclear research programs and activities being

carried out in the United States and in foreign countries along with knowledge of risk analysis and its

application to the regulatory arena. Highly developed leadership skills, business acumen, and the ability

to effect change are essential.

For a detailed job description of this Senior Executive Service position and to apply on-line,

please visit our Web site at: www.nrc.gov/who-we-are/employment.html and refer to Vacancy
Announcement #RES-2006-0009. To enter your resume into the system, simply prepare it using

WordPerfect,Word, or another commonly used program, then copy and paste your resume into

NRCareers. Only on-line applications will be accepted through Feb. 27, 2006. Recruitment incentive

and relocation compensation available.

###
[Federal Register Volume 69, Number 211 (Tuesday, November 2, 2004)]
[Rules and Regulations]
[Page 63458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24436]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 04-3230; MB Docket No. 03-5; RM-10393]


Radio Broadcasting Services; Maplesville, AL

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In response to a Notice of Proposed Rulemaking, 69 FR 34632 
(June 22, 2004), issued at the request of Alatron Corporation, Inc., 
this document grants the allotment of Channel 292A at Maplesville, 
Alabama, as the community's first local aural transmission service. The 
coordinates for Channel 292A at Maplesville are 32-41-06 NL and 86-53-
30 WL. An engineering analysis has determined that Channel 292A can be 
allotted at Maplesville at a site 11.6 kilometers (7.2 miles) south of 
the community. A filing window for Channel 292A at Maplesville, Alabama 
will not be opened at this time. Instead, the issue of opening a filing 
window for this channel will be addressed by the Commission in a 
subsequent order.

DATES: Effective November 29, 2004.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Victoria McCauley, Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 03-5, adopted October 13, 2004, and 
released October 15, 2004. The full text of this Commission decision is 
available for inspection and copying during regular business hours in 
the FCC's Reference Information Center at Portals II, 445 12th Street, 
SW., CY-A257, Washington, DC, 20554. This document may also be 
purchased from the Commission's duplicating contractors, Best Copy and 
Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, telephone 1-800-378-3160 or http://www.BCPIWEB.com.

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

0
Part 73 of Title 47 of the Code of Federal Regulations is amended as 
follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 reads as follows:

    Authority: 47 U.S.C. 154, 303, 334, and 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under Alabama, is 
amended by adding Maplesville, Channel 292A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 04-24436 Filed 11-1-04; 8:45 am]
BILLING CODE 6712-01-P
<PAGE>

     AMENDMENT, dated as of January 1, 2003 (the "Amendment"), to the Key
     Employees Employment Agreement, dated as of July 9, 2002, by and between,
     CENTRA INDUSTRIES, INC., a Delaware corporation (the "Company"), and Larry
     Otterstein (the "Employee").
     ---------------------------------------------------------------------------

     The Company and the Employee entered into a Key Employees Employment
Agreement on July 9, 2002 (the "Employment Agreement"), setting forth the terms
and conditions of the Employee's employment with the Company.

     Pursuant to Section 5.5 of the Employment Agreement, the Company and the
Employee wish to amend the terms of the incentive compensation granted to the
Employee.

     The parties hereto hereby agree as follows:

     1.   The Addendum to Section 3.2, Incentive Compensation currently states:

          "In addition the following will provided as additional compensation:
          1. Car allowance up to $650 per month.

          2. Earn out per annum to equal 2% of excess net (prior to taxes) based
          upon mutually agreed target with the Board of Directors.

          3. Stock options per the executive plan to equal 100,000 common
          shares. Normal executive compensation plan vesting policy will apply."

          The Addendum to Section 3.2, Incentive Compensation shall be deleted
in its entirety and replaced as follows:

          "In addition the following will provided as additional compensation:
          1. Car allowance up to $650 per month.

          2. Earn out per annum to equal 2% of excess net (prior to taxes) based
          upon mutually agreed target with the Board of Directors."

     2. On and after the effectiveness of this Amendment, each reference in the
Employment Agreement to "this Agreement," "hereunder," "herein," or words of
like import referring to the Employment Agreement shall mean and be a reference
to Employment Agreement as amended by this Amendment.

     3. Except as set forth above, the provisions of the Employment Agreement
shall remain in full force and effect as originally stated therein.

     4. This Amendment may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute one
instrument.

                [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

<PAGE>

     IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first above written.

                                     CENTRA INDUSTRIES, INC.

                                     By: /s/ Larry Garriott
                                         ---------------------------------------
                                         Name:  Larry Garriott
                                         Title: Chairman


                                         /s/ Larry Otterstein
                                         ---------------------------------------
                                         Larry Otterstein
### §3802. Covered vessels

#### (a) Included vessel

Except as provided in subsection (b), after the Convention enters into force for the United States, the following vessels are subject to the requirements of this chapter:

(1) A vessel documented under chapter 121 of title 46 or one operated under the authority of the United States, wherever located.

(2) Any vessel permitted by a Federal agency to operate on the Outer Continental Shelf.

(3) Any other vessel when—

(A) in the internal waters of the United States;

(B) in any port, shipyard, offshore terminal, or other place in the United States;

(C) lightering in the territorial sea; or

(D) to the extent consistent with international law, anchoring in the territorial sea of the United States.

#### (b) Excluded vessels

#### (1) In general

The following vessels are not subject to the requirements of this chapter:

(A) Any warship, naval auxiliary, or other vessel owned or operated by a foreign state, and used, for the time being, only on government noncommercial service.

(B) Except as provided in paragraph (2), any warship, naval auxiliary, or other vessel owned or operated by the United States and used for the time being only on government noncommercial service.

#### (2) Application to United States government vessels

#### (A) In general

The Administrator may apply any requirement of this chapter to one or more classes of vessels described in paragraph (1)(B), if the head of the Federal department or agency under which those vessels operate concurs in that application.

#### (B) Limitation for combat-related vessel

Subparagraph (A) shall not apply to combat-related vessels.

(Pub. L. 111–281, title X, §1012, Oct. 15, 2010, 124 Stat. 3024.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
### §504. Power to make arrangements respecting atomic energy materials as unaffected

Except as this chapter provides for (a) validation of certain mining claims located on lands described in section 501 of this title, and (b) the modification and amendment of certain withdrawals or reservations of land, nothing in this chapter shall affect any power or authority duly vested in the Atomic Energy Commission or any other agency, department or officer of the United States to make leases, withdrawals, reservations or other arrangements with respect to source materials as defined in section 5(b)(1) of the Atomic Energy Act of 1946, as amended.

(Aug. 12, 1953, ch. 405, §4, 67 Stat. 540.)

#### **Editorial Notes**

#### References in Text

Section 5(b)(1) of the Atomic Energy Act of 1946, referred to in text, was formerly classified to section 1805(b)(1) of Title 42, The Public Health and Welfare, and defined "source material". Such term is defined in section 11(z) of the Atomic Energy Act of 1954, as amended, which is classified to section 2014(z) of Title 42.

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

#### Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.
NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is 

not citable as precedent. It is a public record. 

United States Court of Appeals for the Federal Circuit 

 

04-3215 

WILLIE J. HAMILTON, 

 Petitioner, 

v. 

DEPARTMENT OF VETERANS AFFAIRS, 

 Respondent. 

 __________________________ 

 DECIDED: March 10, 2005 

 __________________________ 

Before MAYER, LOURIE, and BRYSON, Circuit Judges. 

PER CURIAM. 

Willie J. Hamilton appeals the final decision of the Merit Systems Protection 

Board upholding a settlement agreement between him and the Department of Veterans 

Affairs (“agency”). Hamilton v. Dep’t of Veterans Affairs, DE-1221-99-0359-B-1 (MSPB 

Mar. 12, 2004). We affirm. 

We must affirm the board’s decision unless we determine that it is arbitrary, 

capricious, an abuse of discretion, or otherwise not in accordance with law, or if not 

supported by substantial evidence. See 5 U.S.C. § 7703(c) (2000); Cheeseman v. 

Office of Pers. Mgmt., 791 F.2d 138, 140 (Fed. Cir. 1986). The settlement agreement 
may be set aside if Hamilton proves the agreement invalid on the basis of fraud, 

coercion or mutual mistake. Asberry v. United States Postal Serv., 692 F.2d 1378 (Fed. 

Cir. 1982). To establish a mutual mistake of fact, Hamilton must show that: (1) the 

parties to the contract were mistaken in their belief regarding a fact; (2) that mistaken 

belief constituted a basic assumption underlying the contract; (3) the mistake had a 

material effect on the bargain; and (4) the contract did not put the risk of the mistake on 

the party seeking reformation. See Atlas Corp. v. United States, 895 F.2d 745, 750

(Fed. Cir. 1990) (citations omitted). 

The board examined whether Hamilton was fraudulently led to believe, or shared 

a mutually mistaken belief, that he could not receive a Federal Employees Retirement 

System (“FERS”) disability retirement after he had withdrawn his retirement 

contributions, thus making the settlement agreement invalid. Substantial evidence

supports the administrative judge’s finding that because Office of Personnel 

Management policy at the time of the settlement agreement allowed a former employee 

to receive a FERS disability retirement even though he had withdrawn his retirement 

contributions, Hamilton was never prohibited from applying for and possibly receiving a 

FERS disability retirement. Therefore, Hamilton’s withdrawal of his retirement

contributions could not ground a finding of mutual mistake. Because Hamilton failed to 

prove mutual mistake or fraud, the board did not abuse its discretion dismissing the 

appeal as settled. 

04-3215 2
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 128967 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, THOMAS CODDINGTON, Justices Plaintiff/Counter-Defendant,

v SC: 128967 COA: 260269 Oakland CC: 2000-026955-CK SPECIALIZED VEHICLES, INC., and 2468 ASSOCIATES, L.L.C.,Defendants/CounterPlaintiffs-Appellees,

and

GARY H. CUNNINGHAM, Appellant.

________________ _______________ __________/

On order of the Court, th e application for leave to ap peal the May 13, 2005 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

d1121 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2005

Clerk
**UNITED STATES**  **ENVIRONMENTAL PROTECTION**  **AGENCY REGION**  **IX 75**  **Hawthorne Stre&t**  **San Francisco, CA**  **94105 September**  **30, 2016**  **Navajo Nation**  **Environmental Protection**  **Agency Bldg**  **No.2695, Window**  **Rock Blvd**  **Window Rock**  **AZ 86515**  **ATIN: ADMIN**  **OFFICE Subject:**  **Request to**  **retain public**  **documents at**  **the Navajo**  **Nation EPA**  **for public** 

**inspection To** **Whom It**  **May Concern:**  **The purpose**  **of this**  **letter is to**  **request that**  **the Navajo**  **Nation Environmental**  **Protection Agency**  **retain the**  **enclosed package**  **at the**  **library for**  **at least**  **sixty (60)**  **days for**  **public inspection.**  **The package**  **consists of** **documents related**  **to the**  **United States**  **Environmental Protection Agency's final**  **decision on**  **the Clean**  **Air Act** **Prevention of** **Significant Deterioration**  **amendment permit**  **for the**  **McElmo Creek**  **Unit Oil**  **Production Facility on**  **the Navajo**  **Nation Indian**  **Reservation near** **the city**  **of Aneth,**  **San Juan**  **County, Utah.**  **We would**  **greatly appreciate your**  **assistance for**  **making these**  **documents available**  **to the**  **general public.**  **Please contact**  **me at**  **(415) 947-4156**  **or r9air:permits@epa.gov**  **if you**  **have any**  **questions.**

**Enclosure** 

# :?

**�**

**Shaheerah Kelly**  **Environmental Engineer**  **Permits Office,**  **Air Division**
(May 4, 1949.)

#### Joseph J. Robbin, Appellant, v. Antonie Berenson-Chirkin et al., Respondents.

No opinion. Settle order on one day’s notice. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.