alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### In the Matter of the Claim of William E. Bergman, Deceased, et al., Respondents, against Mergenthaler Linotype Company et al., Appellants. State Industrial Board, Respondent.

All concur.
§ 461.3 Impersonation of businesses prohibited. It is a violation of this part, and an unfair or deceptive act or practice to: ( a ) materially and falsely pose as, directly or by implication, a business or officer thereof, in or affecting commerce as commerce is defined in the Federal Trade Commission Act (15 U.S.C. 44); or
( b ) materially misrepresent, directly or by implication, affiliation with, including endorsement or sponsorship by, a business or officer thereof, in or affecting commerce as commerce is defined in the Federal Trade Commission Act (15 U.S.C. 44).
#### In the Matter of the Claim of John R. Anderson, Appellant. Commissioner of Labor, Respondent.

[820 NYS2d 674]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 2, 2005, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not available for employment.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was ineligible to receive unemployment insurance benefits effective September 13, 2001 because he was unavailable for employment. The record establishes that in connection with his employment as a driver for a automobile auction dealer, claimant informed the employer that he would be available to work on Friday auction days, however, he no longer wanted to be on call to make trips to pick up cars the remaining four days a week. Testimony from the employer, as well as claimant’s October 10, 2002 statement to the Department of Labor, establishes that *1058work was available five days a week if claimant elected to make trips to pick up cars. Although claimant denies that he limited the days he was willing to work and takes exception to the employer’s testimony that consistent work was available, the differing testimony presented a credibility issue for the Board to resolve *(see Matter of Messinger [Commissioner of Labor],*293 AD2d 903, 904 [2002]). Inasmuch as claimant imposed a restriction on the days he could work, we find no reason to disturb the Board’s finding that he was not ready, willing and able to work on all the days he certified for unemployment insurance benefits *(see id.; Matter of Pepe [Levine],*53 AD2d 730 [1976]; *Matter of Katz [Levine],*51 AD2d 613, 614 [1976]; *Matter of Rubin [Levine],*50 AD2d 956, 957 [1975]). Furthermore, having failed to disclose his self-imposed limitations on employment, the Board’s finding that claimant made willful false statements to obtain benefits will not be disturbed.

Peters, J.P., Spain, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the decision is affirmed, without costs.
#### § 1.62 Ancillary court orders pending review.

Where petition for review of an order to cease and desist has been filed in a U.S. court of appeals, the Commission may apply to the court for issuance of such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public or to competitors pendente lite.
Presidential Documents

69501

Federal Register 

Vol. 69, No. 228

Monday, November 29, 2004

Title 3— 

The President 

Proclamation 7848 of November 23, 2004

National Family Week, 2004

By the President of the United States of America 

A Proclamation

Strong families are the foundation of our society. They provide stability 

for our citizens and instill responsibility and values in our children. During 

National Family Week, we underscore our commitment to supporting families 

and recognize the significance of family to our country. 

Families have an important role in teaching our Nation’s young people 

to understand the consequences of their actions and to recognize that the 

decisions they make today could affect the rest of their lives. In times 

of change, the family values of compassion, reverence, and integrity serve 

as steady guides. My Administration is standing with American families 

because children should have the opportunity to grow up in a stable home. 

To help families, I was proud last month to sign the Working Families 

Tax Relief Act of 2004. Because of this legislation, more than 90 million 

Americans will have a lower tax bill next year. With more of their own 

money, parents can save for retirement or a child’s education, or invest 

in a home or small business. For many American families, the most valuable 

commodity is extra time. I have called on the Congress to give individuals 

the voluntary options of comp-time and flex-time as an alternative to overtime 

pay so that they may better juggle the demands of work and family. 

As we celebrate family this week, our Nation expresses its gratitude for 

the families whose loved ones serve in our Armed Forces. These brave 

military men and women are working to defend our country and spread 

freedom so that all Americans are safe and secure. We pray for them and 

for their families. And we will always remember the courage and selfless 

commitment of those who have paid the ultimate price for our security 

and freedom. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, by virtue of the authority vested in me by the Constitution 

and laws of the United States, do hereby proclaim November 21 through 

November 27, 2004, as National Family Week. I invite the States, communities, and all the people of the United States to join together in observing 

this week with appropriate ceremonies and activities to honor our Nation’s 

families. 

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third 

day of November, in the year of our Lord two thousand four, and of the 

69502 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Presidential Documents 

Independence of the United States of America the two hundred and twentyBilling code 3195

Filed 11

[FR Doc. 04

–26–

–

04; 8:45 am] 

26442

–01–P 

ninth.

W
[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Page 70283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26615]



[[Page 70283]]

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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--National Board of Certification for Community 
Association Managers

    Notice is hereby given that, on September 21, 2004, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), National Board of 
Certification for Community Association Managers (``NBC-CAM'') has 
filed written notifications simultaneously with the Attorney General 
and the Federal Trade Commission disclosing (1) the name and principal 
place of business of the standards development organization and (2) the 
nature and scope of its standards development activities. The 
notifications were filed for the purpose of invoking the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances.
    Pursuant to section 6(b) of the Act, the name and principal place 
of business of the standards development organization is: National 
Board of Certification for Community Association Managers, Alexandria, 
VA. The nature and scope of NBC-CAM's standards development activities 
are: (1) To enhance the professional practice of community association 
management; (2) to identify the body of knowledge necessary in that 
professional practice; and (3) to recognize those individuals who have 
demonstrated a satisfactory understanding of that body of knowledge.

Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 04-26615 Filed 12-2-04; 8:45 am]
BILLING CODE 4410-11-M
Exhibit 31.1**CERTIFICATIONS**I, Larry W. Denney, Chairman, President, Chief Executive Officer of Biomass Processing Technology,Inc., certify that:1. I have reviewed this Quarterly Report on Form 10-QSB of Biomass Processing Technology, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presentedin this report; 4. I am responsible for establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and Ihave: (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under my supervision, to ensure that material information relatingto the small business issuer, including its consolidated subsidiaries, is made known to me byothers within those entities, particularly during the period in which this report is beingprepared; (b) Evaluated the effectiveness of the small business issuer’s disclosure controls and proceduresand presented in this report my conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based upon such evaluation;and (c) Disclosed in this report any change in the small business issuer’s internal control overfinancial reporting that occurred during the small business issuer’s most recent fiscalquarter (the small business issuer’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and 5. I have disclosed, based on my most recent evaluation of internal control over financialreporting, to the small business issuer’s auditors and the audit committee of the smallbusiness issuer’s board of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the smallbusiness 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 asignificant role in the small business issuer’s internal control over financial reporting.        August 22, 2005 /s/ Larry W. Denney   Name:  Larry W. Denney   Title:  Chairman, President and Chief
EXHIBIT
      10.1

    


    SUMMARY
      OF FISCAL 2008 TEAM MEMBER PROFIT SHARING PLAN

    


    Under
      the
      Fiscal 2008 Team Member Profit Sharing Plan (the “Plan”), a Pool of Funds will
      be generated based upon a portion of each dollar of pre-tax income earned above
      certain progressive earnings per share targets in fiscal year 2008. The portion
      of each dollar of pre-tax income earned increases as higher earnings per share
      targets are achieved, up to a maximum of forty-five (45%) percent. Once the
      Pool
      of Funds equals 100% of the team members’ predetermined participation levels,
      twenty (20%) percent of each dollar of pre-tax income earned is contributed
      to
      the Pool of Funds. There would be no cap on the amount of the bonus that could
      be earned. Calculation of earnings per share is made after deduction of all
      other bonuses. The Management Development, Compensation and Stock Option
      Committee (the “Committee”) may, at its option, adjust the Company’s earnings
      per share numbers upwards or downwards to reflect unusual events occurring
      during fiscal year 2008. Team member participation levels are stated as a
      percentage of base salary. 

    


    The
      Pool
      of Funds will be distributed among the participating team members, including
      the
      Company’s executive team members (which includes its executive officers), as
      determined by the Committee, in its sole discretion. In determining the amount
      to be allocated to the executive team members, the Committee will consider
      the
      extent to which the Ending Stock Price of the Company’s Common Stock exceeds
      $10.10 (the “Stock Objective”), with a $3.00 increase representing full
      achievement of the objective. In accordance with past practice, the Committee
      has indicated that the pay-out of approximately 10% of each executive team
      member’s predetermined participation level will be based upon achievement of the
      Stock Objective, although the Committee has the discretion to award more or
      less
      than this amount. “Ending Stock Price” means the average closing price for the
      Company’s Common Stock as of the first three trading days of fiscal year
      2009.

    


    Participating
      team members must be employed on or before December 31, 2007 in order to be
      eligible. Those hired between July 1, 2007 and December 31, 2007 will receive
      a
      pro-rata portion of their individual participation level. Participating team
      members must be employed by the Company at the date of the payment in fiscal
      year 2009 in order to receive a payment under the Plan. 

    
       

      DET01\572005.2

      ID\TSV
No: IV-15-020 July 2, 2015

CONTACT: Victor Dricks (817) 200-1128

Lara Uselding (817) 100-1519

 

NRC to Hold Open House on July 21 for Columbia Generating Station

The Nuclear Regulatory Commission will hold a public open house on July 21, in Richland, 

Wash., to discuss the agency’s annual review of safety performance at the Columbia Generating Station 

nuclear power plant. The plant is operated by Energy Northwest. 

NRC staff will be on hand from 5 to 7 p.m. at the Richland Public Library Gallery at 

955 Northgate Drive in Richland. There are no formal presentations during the open house, which will 

provide an opportunity for the public to ask about NRC’s assessment of the plant’s performance in 

2014 and the agency’s oversight plans for 2015. Among the NRC staff in attendance will be the 

Resident Inspectors assigned to the plant on a full-time basis. 

NRC gauges plant performance through the use of inspection findings and other indicators that 

can trigger additional oversight if needed. Overall, the plant operated safely in 2014 and the plant is 

currently under the NRC’s normal level of oversight. 

“By assessing each plant’s performance in a comprehensive manner, we are able to focus our 

inspection resources on those areas most in need of attention,” NRC Region IV Administrator 

Marc Dapas said. “Because Columbia Generating Station did not have any safety or security issues 

rising above very low significance in 2014, we are not currently planning any inspections above and 

beyond our normal reviews.” 

The NRC’s normal level of oversight at each U.S. nuclear power plant involves thousands of 

hours of inspection. In 2014, the agency devoted about 6,000 hours of inspection and review at 

Columbia.

A letter sent from the NRC Region IV office to plant officials addresses the performance of the 

plant during 2014. Current performance information for the plant can be found on the NRC website.
I 

112TH CONGRESS 

1ST SESSION H. R. 3661 

To amend the Internal Revenue Code of 1986 to make permanent and 

expand the temporary minimum credit rate for the low-income housing 

tax credit program. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2011 

Mr. TIBERI (for himself, Mr. NEAL, Mr. BUCHANAN, Mr. RANGEL, Mr. GERLACH, Mr. CROWLEY, Mr. TERRY, Mr. PASCRELL, and Mr. CLEAVER) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

permanent and expand the temporary minimum credit 

rate for the low-income housing tax credit program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TEMPORARY MINIMUM CREDIT RATE FOR THE 

4 LOW-INCOME HOUSING TAX CREDIT PRO5 GRAM MADE PERMANENT AND EXPANDED. 

6 (a) MINIMUM CREDIT AMOUNT FOR NEW BUILDINGS

7 MADE PERMANENT.—Subparagraph (A) of section 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3661 IH

1 42(b)(2) of the Internal Revenue Code of 1986 is amended 

2 by striking ‘‘and before December 31, 2013’’. 

3 (b) MINIMUM CREDIT FOR EXISTING BUILDINGS.— 

4 Subsection (b) of section 42 of such Code is amended by 

5 redesignating paragraph(3) as paragraph (4) and by in6 serting after paragraph (2) the following new paragraph: 

7 ‘‘(3) MINIMUM CREDIT FOR EXISTING BUILD8 INGS.—In the case of any existing building— 

9 ‘‘(A) which is placed in service by the tax10 payer after the date of the enactment of this 

11 paragraph, and 

12 ‘‘(B) which is not federally subsidized for 

13 the taxable year, 

14 the applicable percentage shall not be less than 4 

15 percent.’’. 

16 (c) CONFORMING AMENDMENT.—Section 42(b)(2) of 

17 such Code is amended by striking ‘‘TEMPORARY MIN18 IMUM’’ and inserting ‘‘MINIMUM’’. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to buildings placed in service after 

21 the date of the enactment of this Act. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
No: II-13-060 October 28, 2013

CONTACT: Roger Hannah 404-997-4417 

Joey Ledford 404-997-4416 

NRC Schedules Nov. 6 Meeting in Orlando to Take Comments on 

Proposed Spent Nuclear Fuel Rule and Environmental Study 

The Nuclear Regulatory Commission staff has scheduled a meeting in Orlando to receive public 

comment on a proposed rule and supporting environmental study on the effects of extended storage of spent 

nuclear fuel at commercial reactors after the plants are shut down.

The meeting is scheduled to begin at 7 p.m. in the Hyatt Regency Orlando International Airport, 9300 

Jeff Fuqua Blvd. NRC staff will be available one hour before the formal meeting to talk to people and answer 

questions during an informal open house session. 

The proposed “waste confidence” rule was published in the Federal Register in September. It would 

replace a similar provision in NRC’s environmental regulations that was vacated last year by the U.S. Court of 

Appeals for the District of Columbia Circuit. The rule does not authorize extended storage of spent fuel at 

reactor sites – a separate license is required for that. Rather, waste confidence is a generic finding of the 

environmental impacts of storing spent fuel for extended periods beyond the licensed operating life of reactors. 

The draft Waste Confidence Generic Environmental Impact Statement forms the regulatory basis for the 

proposed rule. The EIS and proposed rule are available on the NRC’s waste confidence webpage. 

In addition to the Orlando meeting, comments may also be provided orally or in writing at one of the

other public meetings the NRC staff will hold around the country as part of the agency’s extensive public 

outreach effort on the waste confidence project. Details of all the meetings are available on the NRC’s 

webpage. 

Public comments may also be submitted online through the federal government’s rulemaking website, 

www.regulations.gov using Docket ID NRC-2012-0246; by e-mail to Rulemaking.Comments@nrc.gov; by fax 

to 301-415-1101; by mail to Secretary, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, 

ATTN: Rulemakings and Adjudications Staff; or by hand delivery to 11555 Rockville Pike, Rockville, Md., 

between 7:30 a.m. and 4:15 p.m. on federal workdays. All comments will be considered no matter how they 

are submitted.
#### Warren K. Morse, Respondent, v. Village of Penn Yan, Appellant.

Present — Taylor, P. J., McCurn, Love, Kimball and Piper, JJ.