alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 359.602 Agency reductions in force. ( a ) *Competitive procedures.* ( 1 ) This paragraph applies to all SES career appointees in the agency, including appointees serving a probationary period.
( 2 ) An agency shall establish competitive procedures in writing to determine who will be removed from the SES in any reduction in force of career appointees within the agency. Such competitive procedures shall be based primarily on performance. When performance ratings are used, they shall be the final ratings under 5 CFR part 430, subpart C.
( 3 ) An appointee who has completed the probationary period must be retained over an appointee who has not completed the probationary period if they both have the same retention standing.
( 4 ) Competitive procedures are not required if an agency is being abolished, without a transfer of functions, and all SES appointees will be separated at the same time or within 3 months of abolishment.
( b ) *Placement within the agency.* ( 1 ) This paragraph applies to any SES career appointee who has completed the probationary period, or was not required to serve a probationary period, and who has been identified for reduction in force under paragraph (a) of this section.
( 2 ) The appointee is entitled to be offered any vacant SES position in the agency for which the appointee meets the qualifications requirements. If there is more than one vacancy, the agency has the option of which position to offer the appointee.
( 3 ) An appointee covered by this paragraph is entitled to be placed in a vacant SES position over an appointee who is still serving a probationary period.
[54 FR 18876, May 3, 1989, as amended at 60 FR 6388, Feb. 2, 1995]
§ 430.308 Appraising performance. ( a ) Agencies must establish appropriate timelines for communicating performance plans, conducting appraisals, and assigning and communicating annual summary ratings.
( b ) At least annually, agencies must appraise each senior executive's performance in writing, including through the use of automated systems, and assign an annual summary rating at the end of the appraisal period.
( c ) Agencies must appraise a senior executive's performance on the critical elements and performance requirements in the senior executive's performance plan.
( d ) Agencies must base appraisals of senior executive performance on both individual and organizational performance as it applies to the senior executive's area of responsibility and control, taking into account factors such as— ( 1 ) Results achieved in accordance with agency mission and strategic planning initiatives;
( 2 ) Overall quality of performance rendered by the executive,
( 3 ) Performance appraisal guidelines that must be based upon assessments of the agency's performance and are provided by the oversight official to senior executives, rating and reviewing officials, PRB members, and appointing authorities at the conclusion of the appraisal period and before completion of the initial summary ratings;
( 4 ) Customer perspectives;
( 5 ) Employee perspectives;
( 6 ) The effectiveness, productivity, and performance results of the employees for whom the senior executive is responsible;
( 7 ) Leadership effectiveness in promoting diversity, inclusion and engagement as set forth, in part, under section 7201 of title 5, United States Code; and
( 8 ) Compliance with the merit system principles set forth under section 2301 of title 5, United States Code.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T EDUA RDO RAM OS- M ARTINEZ, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 10- 73498 A ge nc yN o. A 095- 700- 772 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

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the B o a r do f I m m ig r a tio n A p p e a ls S ubm i tt e d O c t obe r9, 2012** B efo re: R A W L IN S O N , M U R G U IA , an dW A T F O R D , C i rcu i tJu d g es. E dua r do R a m os - M a rt i ne z , ana t i ve and c i t i z e n of M e xi c o, pe t i t i ons f

or re vi ew of the B oard of Im m i grat i on A pp ea l s’ order di sm i ss i ng hi s app ea l fr om an i m m i gr a t i on j udge ’ s or de rde ny i ng hi s m ot i on t o r e ope n r e m ova l pr oc e e di ngs cond uct ed i n absent i a. W e have j uri sdi ct i on un der t o 8 U . S . C . § 1 25 2. W e r evi ew 

# FI LED OC T 15 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 73498 2 f o rab u s e o f

d is c r e tio n th e d e n ia l o f am o tio n to r e o p e n , L o v . A s h c r o ft, 341 F . 3d 934, 937 ( 9th C i r . 2003) , a nd w e gr a ntthe pe t i t i on f orr e vi e w a nd r e m a nd f

or fu rth er p ro ceed i n g s. T he a ge nc ydoe s notappe a rt o ha ve m a de a nyf i ndi ngs of

f a c tr e ga r di ng R a m o s - M a rtin e z ’s c la im th a t h e r e c e iv e de rr o n e o u s in f o rm a tio n f

r o m h is att o rn ey’ s o ffi ce w i th resp ectt o th e h eari n g d at e. Iti n st eadco n cl u d edth atR am o sM a rtin e z f

a ile dto e s tab lis h “e x c e p tio n a l c ir c u m s ta n c e s ” f o rh is ab s e n c e a t h is he a r i ng be c aus e he w a s pe r s ona l l ys e rve d w i th not i c e of the he a r i ng. T hi s i s not s up p o rte db yo u rc a s e la w . Se e L o , 341 F . 3d a t936- 39; s e e al s o Monj ar az -Munoz v . I N S , 3 2 7 F .3 d8 9 2 , 8 9 6 - 9 7 ( 9 th C ir . 2 0 0 3 ) , as am ended o n reh’g , 339 F . 3d 1012 ( 9th C i r . 2003) ( f

a i l ur e t o appe a rba s e d on ne gl i ge nta dvi c e of a tt orne y ’ s a ge nt const i tut es an except i on alci rc um st ance ). P E T I T I ON F OR RE V I E W GR AN T E D; RE MAND E D.
§ 330.709 Establishing ICTAP selection priority. ICTAP selection priority for a specific vacancy begins when: ( a ) The ICTAP eligible submits all required application materials, including proof of eligibility, within agency-established timeframes; and
( b ) The agency determines the eligible is well-qualified for the vacancy.
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March 19,2010

The Honorable Ray LaHood United States Department ofTransportation 1200New Jersey Avenue, SE Washingtpn" 

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Dear SecretaryLaHood:
OnbehalfofPlante & Moran, PLLC, I am writing to express our strong supportfor**th~** application ofDelta Air Lines for new nonstop service between Detroit and Haneda. Approval ofDelta's new service would be a majorbenefit for our region, where many corporations have strong trade and market presence withJapan. There are almost 250 Japanese companies located in Indiana and hundreds more whose business activities rely on access to Japan and its market. The growth ofour business ties with Japan has created demand for increased capacity to Tokyo. Indiana corporate representatives look to the convenience offlying into Tokyo's downtown Haneda airport. Indianapolis does not offer international service to Asia, and many ofourbusiness travelers use Detroit as their hub when flying to Japan. Detroit is a proven and successful gateway to Asia and is an airport that can support trans-pacific routes. This summer Delta is adding new service to Seoul and Hong Kong, fulfilling the commitment Deltamade to DTWto make itthe airline's gateway to Asia. The addition ofHaneda as a destination is a natural fit that would clearly benefit our region. Thank you for consideration ofthis request.

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Home > NRC Library > ADAMS Public Documents

# Final Version - HLWRS-ISG-01/FRN.

Accession Number: ML062640532

Date Released: Monday, September 25, 2006

Package Contents

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    - ML062620334 - Final Version - FRN for HLWRS-ISG-01. (22 page(s), 9/22/2006)
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§ 575.206 Authorizing a relocation incentive. ( a ) *Authority of authorized agency official.* An authorized agency official retains sole and exclusive discretion, subject only to OPM review and oversight, to— ( 1 ) Determine when a position is likely to be difficult to fill under paragraph (b) of this section;
( 2 ) Approve a relocation incentive for an employee under § 575.205;
( 3 ) Establish the criteria for determining the amount of a relocation incentive and the length of a service period under §§ 575.209 and 575.210, respectively;
( 4 ) Request a waiver from OPM of the limitation on the maximum amount of a relocation incentive under § 575.209(c); and
( 5 ) Establish the criteria for terminating a service agreement under § 575.211.
( b ) *Factors for determining when a position is likely to be difficult to fill.* An agency in its sole and exclusive discretion, subject only to OPM review and oversight, may determine that a position is likely to be difficult to fill if the agency is likely to have difficulty recruiting candidates with the competencies required for the position (or group of positions) in the absence of a relocation incentive. An agency must consider the following factors, as applicable to the case at hand, in determining whether a position (or group of positions) is likely to be difficult to fill in the absence of a relocation incentive and in documenting this determination as required by § 575.208: ( 1 ) The availability and quality of candidates possessing the competencies required for the position, including the success of recent efforts to recruit candidates for the position or similar positions using indicators such as offer acceptance rates, proportion of positions filled, and the length of time required to fill similar positions;
( 2 ) The salaries typically paid outside the Federal Government for similar positions;
( 3 ) Recent turnover in similar positions;
( 4 ) Employment trends and labor-market factors that may affect the agency's ability to recruit candidates for similar positions;
( 5 ) Special or unique competencies required for the position;
( 6 ) Agency efforts to use non-pay authorities, such as special training and work scheduling flexibilities, to resolve difficulties alone or in combination with a relocation incentive;
( 7 ) The desirability of the duties, work or organizational environment, or geographic location of the position; and
( 8 ) Other supporting factors.
( c ) An agency may determine that a position (or group of positions) is likely to be difficult to fill if OPM has approved the use of a direct-hire authority applicable to the position (or group of positions) under 5 CFR part 337, subpart B.
[70 FR 25743, May 13, 2005, as amended at 70 FR 74996, Dec. 19, 2005; 72 FR 67839, Dec. 3, 2007]
Editorial Note on Part 315
Editorial Note: Nomenclature changes to part 315 appear at 70 FR 72067, Dec. 1, 2005.

§ 315.806 Appeal rights to the Merit Systems Protection Board. ( a ) *Right of appeal.* An employee may appeal to the Merit Systems Protection Board in writing an agency's decision to terminate him under § 315.804 or § 315.805 only as provided in paragraphs (b) and (c) of this section. The Merit Systems Protection Board review is confined to the issues stated in paragraphs (b) and (c) of this section.
( b ) *On discrimination.* An employee may appeal under this paragraph a termination not required by statute which he or she alleges was based on partisan political reasons or marital status.
( c ) *On improper procedure.* A probationer whose termination is subject to § 315.805 may appeal on the ground that his termination was not effected in accordance with the procedural requirements of that section.
( d ) An employee may appeal to the Board under this section a termination that the employee alleges was based on discrimination because of race, color, religion, sex (including pregnancy and gender identity), national origin, age (as defined by the Age Discrimination in Employment Act of 1967, as amended), or disability. An appeal alleging a discriminatory termination may be filed under this subsection only if such discrimination is raised in addition to one of the issues stated in paragraph (b) or (c) of this section.
[33 FR 12418, Sept. 4, 1968, as amended at 40 FR 15380, Apr. 7, 1975; 44 FR 48951, Aug. 21, 1979; 55 FR 29339, July 19, 1990; 79 FR 43922, July 29, 2014]
Exhibit 31.2



Chief Financial Officer



I, John Lamson, Chief Financial Officer, certify that:



1. I have reviewed this quarterly report on Form 10-Q of FIRST ADVANTAGE CORPORATION;



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 quarterly report, fairly present in all
material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;



4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:



a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our 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 quarterly report any change in the registrants internal control over financial reporting that occurred during the registrants most recent
fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting.



5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the
registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):



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 registrant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 registrants internal control over financial reporting.



|                  |  |                        
|----------------- |  | -----------------------
|Date: May 6, 2005 |  | /s/ JOHN LAMSON        
|                  |  | John Lamson            
|                  |  | Chief Financial Officer
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 02466**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name Description**  x 

### 02466\02466_Checklist_102610_version34.xls EPA Technical Review Checklist Workbook



### 02466\02466_Completeness_Checklist.xls EPA Completeness Review Checklist 

### 02466\02466_HardcopyLog.doc EPA log of hardcopy documents submitted x 

### 02466\02466_PART H.XLS Plant submitted survey file x 

### 02466\02466_PartA.XLS Plant submitted survey file x 

### 02466\02466_PartE.XLS Plant submitted survey file



### 02466\CERTIFICATION STATEMENT_ 02466.PDF Plant certification statement 

### 02466\Supporting Documents\02466_ EPA EG ICR -- PWGS MAP-1 Aerial Photo.PDF Plant submitted supplemental files to the survey x 

### 02466\Supporting Documents\02466_ EPA EG ICR -- PWGS - WB-1 Water Balance Diagram.PDF Plant submitted supplemental files to the survey

2Copyright documents are available from the docket. 1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database
.
REGULATORY EVALUAnON

Directorate Identifier: 2009-NM~206-AD

Executive Order 12866: Could the AD be considered a "significant regulatory- action"? YES () explain NO (X) DOT Regulatory Policies and Procedures: Isthe AD significant? YES () explain NO (X) Regulatory Flexibility Act: Will the AD have asignificant economic impact on a s bstantial number of small entities? YES () explain NO (X) Intrastate Aviation inAlaska: This AD could affect intrastate aviation in Alaska. Is i Iappropriate to include specific requirements for aircraft operated in Alaska, where aVIation might be the only mode of transportation? YES ( ) explain NO (X)
§ 1201.201 Statement of purpose. ( a ) This subpart governs Board proceedings for awards of attorney fees (plus costs, expert witness fees, and litigation expenses, where applicable), consequential damages, compensatory damages, and liquidated damages.
( b ) There are seven statutory provisions covering attorney fee awards. Because most MSPB cases are appeals under 5 U.S.C. 7701, most requests for attorney fees will be governed by § 1201.202(a)(1). There are, however, other attorney fee provisions that apply only to specific kinds of cases. For example, § 1201.202(a)(4) applies only to certain whistleblower appeals. Sections 1201.202(a)(5) and (a)(6) apply only to corrective and disciplinary action cases brought by the Special Counsel. Section 1201.202(a)(7) applies only to appeals brought under the Uniformed Services Employment and Reemployment Rights Act.
( c ) An award of consequential damages is authorized in only two situations: Where the Board orders corrective action in a whistleblower appeal under 5 U.S.C. 1221, and where the Board orders corrective action in a Special Counsel complaint under 5 U.S.C. 1214. Consequential damages include such items as medical costs and travel expenses, and other costs as determined by the Board through case law.
( d ) The Civil Rights Act of 1991 (42 U.S.C. 1981a) authorizes an award of compensatory damages to a prevailing party who is found to have been intentionally discriminated against based on race, color, religion, sex, national origin, or disability. The Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 1221(g)) also authorizes an award of compensatory damages in cases where the Board orders corrective action. Compensatory damages include pecuniary losses, future pecuniary losses, and nonpecuniary losses, such as emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life.
( e ) An award equal to back pay shall be awarded as liquidated damages under 5 U.S.C. 3330c when the Board or a court determines an agency willfully violated an appellant's veterans' preference rights.
[63 FR 41179, Aug. 3, 1998, as amended at 77 FR 62372, Oct. 12, 2012; 78 FR 39545, July 2, 2013]
;~'- A

OFFICE OF TIlE SECRETARY

CORRESPONDENCE CONTROL TICKET

Date Printed: Jan: 09, 2007 13:39

PAPER NUMBER:

ACTION OFFICE:

AUTHOR:

AFFILIATION:

ADDRESSEE:

SUBJECT:

ACTION:

DISTRIBUTION:

LETTER DATE:

ACKNOWLEDGED

SPECIAL HANDLING:

LTR-07-00 13

EDO

GOV Brad Henry

OK-GOV

Dale Klein

LOGGING DATE: 01/0S/2007

DEDMRS

DEDR

DEDIA

AO

Concerns naturally occurring and accelerator produced radioactive materials now defined as

byproduct material

Appropriate

SECY/RAS RF,

12/06/2006

No

Made publicly available in ADAMS via EDOJDPC

NOTES:

FILE LOCATION: ADAMS

DATE DUE: DATE SIGNED:

`7 C--,k I ý5 ,,So (-Y-O)
Brad Henry

Office of the Governor

State of Oklahoma

December 6, 2006

The Honorable Dale E. Klein, Ph.D., Chairman

U.S. Nuclear Regulatory Commission

One White Flint North

Mail Stop 016C1

Washington, DC 20555

Dear Dr. Klein:

The purpose of this letter is to comply with provisions of Section 65 1(e) of the Energy Policy Act

of 2005 regarding the licensing of certain naturally occurring and accelerator produced radioactive

materials now defined as byproduct material in Sections 1 le.(3) and I le.(4) of the Atomic Energy Act of

1954, as amended. ... .. . .

In 2000, the State of Oklahoina entered into an Agreement with the Commission under Section

274b. of the Atomic Energy Act of 1954, as amended., Under that Agreement, the State licenses

byproduct material as defined in Section 1 le.(1) of the Atomic Energy.Act. In addition, the State now

licenses the naturally occurring and accelerator produced radioactive materials now defined as byproduct

material.

Our program for licensing the new byproduct material is not separate and distinct from the

program for licensing I1 e.(1) byproduct material, and no changes have been made to the licensing program that would impact the previous IMPEP finding of adequacy. Further, we. intend to continue to

license the new byproduct.material under'this same program.

Accordingly, I certify to the Commission that the State of Oklahoma has a program for licensing

byproduct material, as defined in paragraphs (3) or (4) of the Atomic Energy Act of 1954, as amended,

that is adequate-t prote-ctthe publid health and safety, and that the State intends to continue to implement

our regulatory responsibility with respect to the byproduct material.

This certification.is, effective on the date of publication of the NRC's "Plan for the Transition of

Regulatory Authority Resulting from the ExpandedDefinition of Byproduct Material.".,

... i ..." :. .'• ... , :,, ,rR espe ctfully, . . . . :l i' •,.

Brad Henry' ,": , Governor

CC: Miles Tolbert, Secretary of the Environment

Steve Thompson, Oklahoma Department of Environmental Quality

STATEt ' C... .:. .. " " .

STATE CAPITOL BULDINf'G * 2300 N. LINCOLN BOUJLE VARD, SUI1TE 212 * OKLAHOMA CITM, OKLAHOMA 73105 * (405) 521-2342 * FAX: (405) 521-3353
§ 551.203 Salary-based nonexemption. ( a ) An employee, including a supervisory employee, whose annual rate of basic pay is less than $23,660 is nonexempt, unless: ( 1 ) The employee is subject to § 551.211 (Effect of performing different work or duties for a temporary period of time on FLSA exemption status); or
( 2 ) The employee is subject to § 551.212 (Foreign exemption criteria); or
( 3 ) The employee is a professional engaged in the practice of law or medicine as prescribed in paragraphs (c) and (d) of § 551.208.
( b ) For the purpose of this section, “rate of basic pay” means the rate of pay fixed by law or administrative action for the position held by an employee, including any applicable locality payment under 5 CFR part 531, subpart F, special rate supplement under 5 CFR part 530, subpart C, or similar payment or supplement under other legal authority, before any deductions and exclusive of additional pay of any other kind, such as premium payments, differentials, and allowances.