alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 31

RULE 13a-14(a) / 15d-14(a) CERTIFICATION



I, John J. Joyce, certify that:



1. I have reviewed this Annual Report on Form 10-KSB for the year ended December 31, 2006.



2. Based on my knowledge, this 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 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 period presented in this report;



4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the small business issuer and have:



a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the small business issuer, including its consolidate subsidiaries,  is made known to me by others within those entitites, particularly during the period in which this report is prepared;



b) Evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



c) Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report)kime;l, that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting;



5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of small business issuer's board of directors (or persons fulfilling the equivalent function):



a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; 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 control over financial reporting.



March 28, 2007



| |                                            | 
| | ------------------------------------------ | 
| | /S/ JOHN J. JOYCE                          | 
| | JOHN J. JOYCE                              | 
| | PRESIDENT AND CHIEF EXECUTIVE OFFICER      | 
| | (PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL | 
| | FINANCIAL AND ACCOUNTING OFFICER)          |
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Exhibit 10.23    
    


WRITTEN DESCRIPTION OF REGISTRANT'S

MANAGEMENT COMPENSATORY ARRANGEMENTS

PURSUANT TO ITEM 601(b)(10)(iii)(A)  


        The Registrant has adopted bonus arrangements for fiscal year 2003 (that are not set forth in any formal document) that provide for the payment of bonuses to
salaried employees of the Registrant, based in part on the applicable financial matrix established by the Registrant. With respect to the Registrant's senior management, the bonuses are based in part
on attainment of certain financial results, and in other part on the attainment of individual performance goals against predetermined measurable goals or tasks. The bonuses paid to the named executive
officers for fiscal year 2003 are set forth in the Bonus column of the Summary Compensation table. 











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Exhibit 10.23
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF INFOMED HOLDINGS, INC FOR THE THREE MONTHS ENDED
SEPTEMBER 30, 1996, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                         750,202
<SECURITIES>                                         0
<RECEIVABLES>                                3,894,625
<ALLOWANCES>                                (1,460,000)
<INVENTORY>                                    101,034
<CURRENT-ASSETS>                             3,400,716
<PP&E>                                       1,687,930
<DEPRECIATION>                              (1,057,180)
<TOTAL-ASSETS>                               4,110,923
<CURRENT-LIABILITIES>                        6,021,897
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        265
<COMMON>                                         2,368
<OTHER-SE>                                  (2,026,589)
<TOTAL-LIABILITY-AND-EQUITY>                 4,110,923
<SALES>                                              0
<TOTAL-REVENUES>                             2,552,101
<CGS>                                                0
<TOTAL-COSTS>                                  981,866
<OTHER-EXPENSES>                             1,564,524
<LOSS-PROVISION>                                32,801
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 11,332
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,332
<EPS-PRIMARY>                                    (0.02)
<EPS-DILUTED>                                        0
        

</TABLE>
### §2339. Assistance programs

#### (a) Conservation and recreation management

To further training and educational opportunities about water resources development projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with non-Federal public and nonprofit entities for services relating to natural resources conservation or recreation management.

#### (b) Rural community assistance

In carrying out studies and projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with multistate regional private nonprofit rural community assistance entities for services, including water resource assessment, community participation, planning, development, and management activities.

#### (c) Youth service and conservation corps organizations

The Secretary, to the maximum extent practicable, shall enter into cooperative agreements with qualified youth service and conservation corps organizations for services relating to projects under the jurisdiction of the Secretary and shall do so in a manner that ensures the maximum participation and opportunities for such organizations.

#### (d) Cooperative agreements

A cooperative agreement entered into under this section shall not be considered to be, or treated as being, a cooperative agreement to which chapter 63 of title 31 applies.

(Pub. L. 106–541, title II, §213, Dec. 11, 2000, 114 Stat. 2593; Pub. L. 113–121, title I, §1047(e), June 10, 2014, 128 Stat. 1257; Pub. L. 114–322, title I, §1101, Dec. 16, 2016, 130 Stat. 1632.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

#### Amendments

2016—Subsecs. (c), (d). Pub. L. 114–322 added subsec. (c) and redesignated former subsec. (c) as (d).

2014—Subsec. (a). Pub. L. 113–121 substituted "about" for "at".

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

EDUARDO RAMOS-MARTINEZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 10-73498

Agency No. A095-700-772

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 9, 2012** 

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Eduardo Ramos-Martinez, a native and citizen of Mexico, petitions for

review of the Board of Immigration Appeals’ order dismissing his appeal from an

immigration judge’s order denying his motion to reopen removal proceedings

conducted in absentia. We have jurisdiction under to 8 U.S.C. § 1252. We review

FILED

OCT 15 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-73498

for abuse of discretion the denial of a motion to reopen, Lo v. Ashcroft, 341 F.3d

934, 937 (9th Cir. 2003), and we grant the petition for review and remand for

further proceedings.

The agency does not appear to have made any findings of fact regarding

Ramos-Martinez’s claim that he received erroneous information from his

attorney’s office with respect to the hearing date. It instead concluded that RamosMartinez failed to establish “exceptional circumstances” for his absence at his

hearing because he was personally served with notice of the hearing. This is not

supported by our case law. See Lo, 341 F.3d at 936-39; see also Monjaraz-Munoz

v. INS, 327 F.3d 892, 896-97 (9th Cir. 2003), as amended on reh’g, 339 F.3d 1012

(9th Cir. 2003) (failure to appear based on negligent advice of attorney’s agent

constitutes an exceptional circumstance).

PETITION FOR REVIEW GRANTED; REMANDED.
§ 3801.103 Designation of separate Departmental components. ( a ) Pursuant to § 2635.203(a) of this title, each of the following components is designated as a separate agency for purposes of the regulations contained in subpart B of part 2635 of this title governing gifts from outside sources, and, accordingly, § 2635.807 of this title governing teaching, speaking, and writing: Antitrust Division Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Bureau of Prisons (including Federal Prison Industries, Inc.) Civil Division Civil Rights Division Community Relations Service Criminal Division Drug Enforcement Administration Environment and Natural Resources Division Executive Office for Immigration Review Executive Office for United States Attorneys (The Executive Office for United States Attorneys shall not be considered separate from any Office of the United States Attorney for a judicial district, but only from other designated components of the Department of Justice.) Executive Office for United States Trustees (The Executive Office for United States Trustees shall not be considered separate from any Office of the United States Trustee for a region, but only from other designated components of the Department of Justice.) Federal Bureau of Investigation Foreign Claims Settlement Commission Immigration and Naturalization Service Independent Counsel appointed by the Attorney General INTERPOL National Drug Intelligence Center Justice Management Division Office of Information and Privacy Office of Intelligence Policy and Review Office of Community Oriented Policing Services Office of Justice Programs Office of the Pardon Attorney Office of Policy Development Offices of the United States Attorney (94) (Each Office of the United States Attorney for a judicial district shall be considered a separate component from each other such office.) Offices of the United States Trustee (21) (Each Office of the United States Trustee for a region shall be considered a separate component from each other such office.) Tax Division United States Marshals Service United States Parole Commission
( b ) Employees serving in positions within the Department but outside of the components designated in paragraph (a) of this section must continue to treat the entire Department of Justice as their employing agency for purposes of the gift rules of subpart B of part 2635 of this title and the application of the teaching, speaking and writing provisions found in § 2635.807 of this title.
[62 FR 23942, May 2, 1997, as amended at 79 FR 44263, July 31, 2014]
December 5, 2006

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

FROM: J. E. Dyer, Director /RA/

Office of Nuclear Reactor Regulation

R. William Borchardt, Director /RA/

Office of New Reactors

SUBJECT: MEMORANDA OF AGREEMENT BETWEEN THE U.S. NUCLEAR

REGULATORY COMMISSION AND THE U.S. ARMY CORPS OF

ENGINEERS

Enclosed for your concurrence and signature is the memorandum of understanding

(MOU) between the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Army Corps of

Engineers (USACE) with its transmitting letter. The intent of the MOU is to facilitate interactions

between the NRC and USACE on matters of mutual interest. The MOU was developed in

coordination with NRC and USACE staff.

Enclosures: As stated 

CONTACT: Vanice Perin, NRR/ADRA

(301) 415-8143 
December 5, 2006

MEMORANDUM TO: Luis A. Reyes

Executive Director for Operations

FROM: J. E. Dyer, Director /RA/

Office of Nuclear Reactor Regulation

R. William Borchardt, Director /RA/

Office of New Reactors

SUBJECT: MEMORANDA OF AGREEMENT BETWEEN THE U.S. NUCLEAR

REGULATORY COMMISSION AND THE U.S. ARMY CORPS OF

ENGINEERS

Enclosed for your concurrence and signature is the memorandum of understanding

(MOU) between the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Army Corps of

Engineers (USACE) with its transmitting letter. The intent of the MOU is to facilitate interactions

between the NRC and USACE on matters of mutual interest. The MOU was developed in

coordination with NRC and USACE staff.

Enclosures: As stated 

CONTACT: Vanice Perin, NRR/ADRA

(301) 415-8143

Distribution:

RidsNrrOd RidsNsirOd RidsNrrAdra RidsNrrDnrl RidsNrrWpcMail 

ADAMS Package- ML062920147 Memorandum-ML062920170 Letter-ML062920234

MOU-ML062920211

OFFICE NRR/ADRA Tech Editor NRR/DNRL NRO/DNRL OD/NRO

NAME VAPerin via Email JRTappert DBMatthews RWBorchardt

DATE 10/19/2006 10/26/2006 10/25/2006 11/22/06 11/23/06

OFFICE OGC OCFO ADM NRR/PMDA OD:NRR 

NAME RABaum TIPulliam MLScott RWMitchell JEDyer

DATE 10/30/2006 11/03/2006 11/08/2006 11/29/06 12/05/06

OFFICIAL RECORD COPY
#### Roderick Stephens, Respondent, v. Yonkers Record Corporation et al., Appellants.

No opinion. Carswell, Acting P. J., Adel, Sneed, Wenzel and MaeCrate, JJ., concur. ■
Home > NRC Library > ADAMS Public Documents

# SECY-06-0035 - Process for Releasing Non-Impacted Areas of the Wstern New York Service Center Before the Completion of Site Decommissioning

Accession Number: ML052490304

Date Released: Monday, March 14, 2005

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML052490319 - SECY-06-0035 - Process for Releasing Non-Impacted Areas of the Western New York Service Center Before the Completion of Site Decommissioning (8 page(s), 2/13/2006)
    - ML051240094 - SECY-06-0035Encl1 - NYSERDA Request for Guidance on Process for Releasing Non-Impacted Portions of NRC - Licensed Site. (1 page(s), 3/31/2005)
    - ML052640178 - SECY-06-0035Enclosure 2:  Map of Western New York Nuclear Service Center and West Valley Demonstration Project Premises (1 page(s), 2/13/2006)
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    - ML052700453 - SECY-06-0035Encl4 -   NYSERDA LICENSE CSF-1 AMENDMENTS NO. 31 and 32 SUMMARY (2 page(s), 9/27/2005)

Privacy PolicySite Disclaimer
### §3843. EPA enforcement

#### (a) Inspections, subpoenas

#### (1) In general

For purposes of enforcing this chapter or any regulation prescribed under this chapter, officers or employees of the Environmental Protection Agency or of any State designated by the Administrator may enter at reasonable times any location where there is being held or may be held organotin or any other substance or antifouling system regulated under the Convention, for the purpose of inspecting and obtaining samples of any containers or labeling for organotin or other substance or system regulated under the Convention.

#### (2) Subpoenas

#### (A) In general

In any investigation under this section, the Administrator may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—

(i) before the issuance of the subpoena, the Administrator requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and

(ii) the Attorney General—

(I) determines that the subpoena will not interfere with a criminal investigation; or

(II) fails to make a determination under subclause (I) before the date that is 30 days after the date on which the Administrator makes a request under clause (i).

#### (B) Enforcement

In the case of refusal to obey a subpoena issued to any person under this paragraph, the Administrator may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance.

#### (b) Stop manufacture, sale, use, or removal orders

Consistent with section 3803 of this title, whenever any organotin or other substance or system regulated under the Convention is found by the Administrator and there is reason to believe that a manufacturer, seller, distributor, or user has violated or is in violation of any provision of this chapter, or that such organotin or other substance or system regulated under the Convention has been or is intended to be manufactured, distributed, sold, or used in violation of this chapter, the Administrator may issue a stop manufacture, sale, use, or removal order to any person that owns, controls, or has custody of such organotin or other substance or system regulated under the Convention. After receipt of that order the person may not manufacture, sell, distribute, use, or remove the organotin or other substance or system regulated under the Convention described in the order except in accordance with the order.

(Pub. L. 111–281, title X, §1033, Oct. 15, 2010, 124 Stat. 3028.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsecs. (a)(1) and (b), 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.
#### § 1639.10 Referrals to the Department of Justice.

The Executive Director will refer to the Department of Justice for litigation all claims on which aggressive collection actions have been taken but which could not be collected, compromised, suspended, or terminated. Referrals will be made as early as possible, consistent with aggressive Board collection action, and within the period for bringing a timely suit against the debtor.
§ 4.82 Touching at foreign port while in coastwise trade. ( a ) A United States documented vessel with a registry or, coastwise endorsement, or both which, during a voyage between ports in the United States, touches at one or more foreign ports and there discharges or takes on merchandise, passengers, baggages, or mail shall obtain a permit to proceed or clearance at each port of lading in the United States for the foreign port or ports at which it is intended to touch. The Cargo Declaration Outward With Commercial Forms, Customs Form 1302-A (see § 4.63), shall show only the cargo for foreign destination. (See §§ 4.61 and 4.87.)
( b ) The master must also present to the port director a coastwise Cargo Declaration in triplicate of the merchandise to be transported via the foreign port or ports to the subsequent ports in the United States. It must describe the merchandise and show the marks and numbers of the packages, the names of the shippers and consignees, and the destinations. The port director will certify the two copies and return them to the master. Merchandise carried by the vessel in bond under a transportation entry pursuant to part 18 of this chapter is not to be shown on the coastwise Cargo Declaration.
( c ) Upon arrival from the foreign port or ports at the subsequent port in the United States, a report of arrival and entry of the vessel shall be made, and tonnage taxes shall be paid. The master shall present Cargo Declaration in accordance with § 4.7 and the certified copies of the coastwise Cargo Declaration, Customs Form 1302.
( d ) All merchandise on the vessel upon its arrival at the subsequent port in the United States is subject to such Customs examination and treatment as may be necessary to protect the revenue. Any article on board which is not identified to the satisfaction of the port director, by the coastwise Cargo Declaration, Customs Form 1302, or otherwise, as part of the coastwise cargo, shall be treated as imported merchandise.
[T.D. 77-255, 42 FR 56322, Oct. 25, 1977, as amended by T.D. 83-214, 48 FR 46513, Oct. 13, 1983; T.D. 84-193, 49 FR 35485, Sept. 10, 1984; T.D. 99-64, 64 FR 43265, Aug. 10, 1999; CBP Dec. 08-25, 73 FR 40725, July 16, 2008; CBP Dec. 17-13, 82 FR 45393, Sept. 28, 2017]
§ 316.601 Appointment without competitive examination in rare cases. ( a ) An agency may make an appointment without competitive examination when: ( 1 ) The duties and compensation of the position are such, or qualified persons are so rare, that in the interest of good civil service administration the position cannot be filled through open competitive examination;
( 2 ) The person to be appointed meets all applicable qualification requirements for the position; and
( 3 ) The appointment is specifically authorized by the Office or is made under an agreement between the agency and the Office providing for such appointments.
( b ) A person appointed under paragraph (a) of this section does not acquire a competitive status on the basis of that appointment.
( c ) When a position filled under paragraph (a) of this section becomes vacant, the agency may fill the vacancy by another appointment under paragraph (a) of this section only if the conditions of paragraph (a)(3) of this section are again met.
[44 FR 55132, Sept. 25, 1979]