alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 904.101 Notice of violation and assessment (NOVA). ( a ) A NOVA will be issued by NOAA and served on the respondent(s). The NOVA will contain: ( 1 ) A concise statement of the facts believed to show a violation;
( 2 ) A specific reference to the provisions of the Act, regulation, license, permit, agreement, or order allegedly violated;
( 3 ) The findings and conclusions upon which NOAA bases the assessment;
( 4 ) The amount of the civil penalty assessed; and
( 5 ) Information concerning the respondent's rights upon receipt of the NOVA, and will be accompanied by a copy of the regulations in this part governing the proceedings.
( b ) In assessing a civil penalty, NOAA will take into account information available to the Agency concerning any factor to be considered under the applicable statute, and any other information that justice or the purposes of the statute require.
( c ) The NOVA may also contain a proposal for compromise or settlement of the case. NOAA may also attach documents that illuminate the facts believed to show a violation.
[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38937, June 30, 2022]
**EXHIBIT 32.1**Certification of Chief Executive Officer     In connection with the Quarterly Report on Form 10-Q of Syntax-Brillian Corporation (the“Company”) for the quarter ended December 31, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Vincent F. Sollitto Jr., Chief Executive Officerof the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that: (1) The Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and  (2) The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.        February 14, 2007 /s/ Vincent F. Sollitto Jr.   Vincent F. Sollitto Jr.   Chief Executive Officer
### §14952. Special rules for certain cases

#### (a) Authority to establish alternative procedures for adoption of children by relatives

To the extent consistent with the Convention, the Secretary may establish by regulation alternative procedures for the adoption of children by individuals related to them by blood, marriage, or adoption, in cases subject to the Convention.

#### (b) Waiver authority

#### (1) In general

Notwithstanding any other provision of this chapter, to the extent consistent with the Convention, the Secretary may, on a case-by-case basis, waive applicable requirements of this chapter or regulations issued under this chapter, in the interests of justice or to prevent grave physical harm to the child.

#### (2) Nondelegation

The authority provided by paragraph (1) may not be delegated.

(Pub. L. 106–279, title V, §502, Oct. 6, 2000, 114 Stat. 843.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (b)(1), was in the original "this Act", meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables.

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

#### Effective Date

Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
### §§16721 to 16727. Repealed. Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444

Section 16721, Pub. L. 109–155, title IV, §421, Dec. 30, 2005, 119 Stat. 2924, related to long-term fundamental research program in aeronautics. Subsecs. (a) and (b) were reenacted as section 40111 of Title 51, National and Commercial Space Programs.

Section 16722, Pub. L. 109–155, title IV, §422, Dec. 30, 2005, 119 Stat. 2924, related to research and technology programs for environmental aircraft, supersonic transport, rotorcraft and other runway-independent air vehicles, hypersonics, revolutionary aeronautical concepts, fuel cell-powered aircraft, and Mars aircraft. See sections 40112 and 40701 of Title 51.

Section 16723, Pub. L. 109–155, title IV, §423, Dec. 30, 2005, 119 Stat. 2925, related to Airspace Systems Research program. See section 40113 of Title 51.

Section 16724, Pub. L. 109–155, title IV, §424, Dec. 30, 2005, 119 Stat. 2926, related to Aviation Safety and Security Research program. See section 40114 of Title 51.

Section 16725, Pub. L. 109–155, title IV, §425, Dec. 30, 2005, 119 Stat. 2926, related to aviation weather research. See section 40115 of Title 51.

Section 16726, Pub. L. 109–155, title IV, §426, Dec. 30, 2005, 119 Stat. 2926, related to assessment of wake turbulence research and development program and required report to Congress no later than two years after Dec. 30, 2005.

Section 16727, Pub. L. 109–155, title IV, §427, Dec. 30, 2005, 119 Stat. 2926; Pub. L. 110–422, title III, §308, Oct. 15, 2008, 122 Stat. 4788, related to university-based Centers for Research on Aviation Training. See section 40116 of Title 51.
### §§16821 to 16823. Repealed. Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444

Section 16821, Pub. L. 109–155, title VII, §707, Dec. 30, 2005, 119 Stat. 2937, related to small business contracting. See section 30306 of Title 51, National and Commercial Space Programs.

Section 16822, Pub. L. 109–155, title VII, §708, Dec. 30, 2005, 119 Stat. 2938, related to NASA healthcare program. See section 31301 of Title 51.

Section 16823, Pub. L. 109–155, title VII, §709, Dec. 30, 2005, 119 Stat. 2938, related to offshore performance of contracts for the procurement of goods and services. See section 30704 of Title 51.
**Exhibit 31.1****CERTIFICATION**I, Glenn M. Parker, M.D., certify that:1. I have reviewed this quarterly report on Form 10-Q of NationsHealth, 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 includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared;b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; andc) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors:a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.Date: November 10, 2006     By: /s/ Glenn M. Parker, M.D. Glenn M. Parker, MD    Chief Executive Officer
#### Barnes v. Commonwealth.

May 5, 1950.

William J. Baxter, Judge.

Tom P. Senil, J. T. Bowser, Jr. and Thomas A. Waller for appellant.

A. E. Funk, Attorney General, and Zeb A. Stewart, Assistant Attorney General, for appellee.

Stanley, Commissioner

Affirming.

The appellant, M. S. Barnes, was also convicted of stealing the chickens of Mrs. Ada Craycraft in company with S. B. Anderson and was likewise given a sentence of one year in the penitentiary. He seeks a reversal of the judgment upon two of the grounds submitted by Anderson, namely, inadmissibility of the evidence of the police officers and insufficiency of corroboration of the accomplice. For the reasons given in Anderson v. Comonwealth, 312 Ky. 768, 229 S. W. 2d 756, decided today the contentions are without merit.

The judgment is affirmed.
552.301-2 Matrix Notes.

Matrix Notes:

1. The clauses and provisions prescribed for Federal Supply Schedule or Acquisitions for GSA Stock

Program contracts do not have other types of contracts indicated. Those clauses and provisions may

appear specifically in certain types of contracts within the Federal Supply Schedule or Acquisitions

for GSA Stock Program contracts.

Parent topic: 552.301 Matrix of Provisions and Clauses.
Subpart 5314.2 - SOLICITATION OF BIDS

Parent topic: Part 5314 - Sealed Bidding

5314.201-7 Contract Clauses

(b)(2) See MP5301.601(a)(i).

(c)(2) See MP5301.601(a)(i).
§ 1116.5 When must a report be made. ( a ) A manufacturer must report to the Commission within 30 days after the final settlement or court judgment in the last of the three civil actions referenced in § 1116.3.
( b ) If a manufacturer has filed a section 37 report within one of the 24-month periods defined in § 1116.2(a), the manufacturer must also report the information required by section 37(c)(1) for any subsequent settlement or judgment in a civil action that alleges that the same particular model of the product was involved in death or grievous bodily injury and that takes place during the same 24-month period. Each such supplemental report must be filed within 30 days of the settlement or final judgment in the reportable civil action.
<PAGE>

                                                                    EXHIBIT 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                 PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the quarterly report on Form 10-Q (the "Report")
pursuant to Rule 15d-2 under the Securities Exchange Act of 1934 of Narrowstep
Inc. (the "Company"), I, Iolo Jones, Chief Executive Officer of the Company, do
hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

         (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78m(a) or
78o(d); and

         (2) The information contained in the Report fairly presents, in all
material respects, the consolidated financial condition and results of
operations of the Company.


Dated:  July 14, 2005                     /s/ Iolo Jones
                                         ---------------------------------------
                                         Iolo Jones
                                         Chief Executive Officer
#### Lillian Tarrock, as Executrix of Ernest Tarrock, Deceased, Respondent, v. City of Kingston, Appellant.

*694Present — Poster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.735-1 Purpose.

This subpart sets forth the standards of ethical conduct required of members, employees and special Government employees, and former members and employees of the Securities and Exchange Commission.

[75 FR 42276, July 20, 2010]
#### § 240.5 Definition of competing customers.

*Competing customers* are all businesses that compete in the resale of the seller's products of like grade and quality at the same functional level of distribution regardless of whether they purchase directly from the seller or through some intermediary.

# Example 1:

Manufacturer A, located in Wisconsin and distributing shoes nationally, sells shoes to three competing retailers that sell only in the Roanoke, Virginia area. Manufacturer A has no other customers selling in Roanoke or its vicinity. If Manufacturer A offers its promotion to one Roanoke customer, it should include all three, but it can limit the promotion to them. The trade area should be drawn to include retailers who compete.

# Example 2:

A national seller has direct-buying retailing customers reselling exclusively within the Baltimore area, and other customers within the area purchasing through wholesalers. The seller may lawfully engage in a promotional campaign confined to the Baltimore area, provided that it affords all of its retailing customers within the area the opportunity to participate, including those that purchase through wholesalers.

# Example 3:

B manufactures and sells a brand of laundry detergent for home use. In one metropolitan area, B's detergent is sold by a grocery store and a discount department store. If these stores compete with each other, any allowance, service or facility that B makes available to the grocery store should also be made available on proportionally equal terms to the discount department store.
##### 



Exhibit 32.1 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 The undersigned, the Chief Executive Officer of Gladstone Commercial Corporation (the Company),
hereby certifies on the date hereof, pursuant to 18 U.S.C. §1350(a), as adopted pursuant to Section
906 of The Sarbanes-Oxley Act of 2002, that the Quarterly Report on
Form 
10-Q for the quarter ended
March 31, 2005 (Form 10-Q), filed concurrently herewith by the Company, fully complies with the
requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended,
and that the information contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company. A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities Exchange Commission or
its staff upon request. Dated: May 4, 2005 /s/ David GladstoneDavid GladstoneChief Executive Officer
### Part D—General and Technical Provisions
#### Continental Bank & Trust Company of New York, as Successor Trustee under a Trust Mortgage Made by 150 Broadway Corporation to Walter S. Klee, as Trustee, Respondent, v. 150 Broadway Corporation et al., Defendants. Independent Bondholders Committee et al., Appellants.

No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.
### §15341. Transferred

#### **Editorial Notes**

#### Codification

Section 15341 was editorially reclassified as section 20941 of Title 52, Voting and Elections.
§ 300.20a Labeling of very fine wool. A wool product stamped, tagged, labeled, or otherwise identified in the manner described below is mislabeled: ( a ) “Super 80's” or “80's,” if the average diameter of wool fiber of such wool product does not average 19.75 microns or finer;
( b ) “Super 90's” or “90's,” if the average diameter of wool fiber of such wool product does not average 19.25 microns or finer;
( c ) “Super 100's” or “100's,” if the average diameter of wool fiber of such wool product does not average 18.75 microns or finer;
( d ) “Super 110's” or “110's,” if the average diameter of wool fiber of such wool product does not average 18.25 microns or finer;
( e ) “Super 120's” or “120's,” if the average diameter of wool fiber of such wool product does not average 17.75 microns or finer;
( f ) “Super 130's” or “130's,” if the average diameter of wool fiber of such wool product does not average 17.25 microns or finer;
( g ) “Super 140's” or “140's,” if the average diameter of wool fiber of such wool product does not average 16.75 microns or finer;
( h ) “Super 150's” or “150's,” if the average diameter of wool fiber of such wool product does not average 16.25 microns or finer;
( i ) “Super 160's” or “160's,” if the average diameter of wool fiber of such wool product does not average 15.75 microns or finer;
( j ) “Super 170's” or “170's,” if the average diameter of wool fiber of such wool product does not average 15.25 microns or finer;
( k ) “Super 180's” or “180's,” if the average diameter of wool fiber of such wool product does not average 14.75 microns or finer;
( l ) “Super 190's” or “190's,” if the average diameter of wool fiber of such wool product does not average 14.25 microns or finer;
( m ) “Super 200's” or “200's,” if the average diameter of wool fiber of such wool product does not average 13.75 microns or finer;
( n ) “Super 210's” or “210's,” if the average diameter of wool fiber of such wool product does not average 13.25 microns or finer;
( o ) “Super 220's” or “220's,” if the average diameter of wool fiber of such wool product does not average 12.75 microns or finer;
( p ) “Super 230's” or “230's,” if the average diameter of wool fiber of such wool product does not average 12.25 microns or finer;
( q ) “Super 240's” or “240's,” if the average diameter of wool fiber of such wool product does not average 11.75 microns or finer; and
( r ) “Super 250's” or “250's,” if the average diameter of wool fiber of such wool product does not average 11.25 microns or finer.
[79 FR 32163, June 4, 2014]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Office of the Secretary 

The following Agreements were filed with the Department of Transportation under the provisions of 49 U.S.C. 412 and 414. Answers may be filed within 21 days after the filing of the application. 

*Docket Number:*                     OST-2004-19687.                 

*Date Filed:*                     November 18, 2004.                 

*Parties:*                     Members of the International Air Transport Association.                 

*Subject:*                     PTC31 N&C/CIRC 0288 dated 19 November 2004, Mail Vote 420-TC31 North and Central Pacific Montreal, 25 October-2 November 2004, TC3 (except Japan)—North America, Caribbean Expedited Resolution 002at (except between Korea (Rep. of), Malaysia and USA) r1, Intended effective date: 15 January 2005.                 

*Docket Number:*                     OST-2004-19688.                 

*Date Filed:*                     November 18, 2004.                 

*Parties:*                     Members of the International Air Transport Association.                 

*Subject:*                     PTC123 0301 dated 19 November 2004, Mail Vote 421, Montreal, 25 October-2 November 2004, TC123 North/Mid/South Atlantic Expedited Resolutions (except between USA and Korea (Rep. of), Malaysia) r1-r20, Intended effective date: 15 January 2005.                 

Maria Gulczewski, 

Supervisory Dockets Officer, Federal Register Liaison. 

[FR Doc. 04-26810 Filed 12-6-04; 8:45 am] 

BILLING CODE 4910-62-P
5339.101 Policy

(1) See MP5301.601(a)(i).

Parent topic: Part 5339 - Acquisition of Information Technology
ORIGINAL 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

DA 22-0637 

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

WALTER PURKHISER, 

Defendant and Appellant. 

FILED 

t DR 1 1 2023 

Bovv*.n G 

Cle SL.:::,rerne Court 

Stattrk or Montana 

ORDER 

Representing himself, Appellant Walter Purkhiser moves this Court for either new 

counsel or to proceed pro se in his appeal. The Appellate Defender Division filed a Notice 

of Appeal on Purkhiser's behalf in November 2022 of a September judgment in Lincoln 

County. This Court recently granted the court reporter until May 15, 2023, to prepare and 

file the transcripts. 

Purkhiser states that he is "having a conflict of interest" with Appellate Defender 

Chad Wright. Purkhiser references a prior appeal of a dependent neglect decision 

involving his daughter. He adds that he tried to talk with the Appellate Defender about "a 

copy of evidence" that was part of discovery in his criminal case and alleges that the 

prosecuting attorney withheld information. 

Purkhiser is entitled to the appointment of counsel for his direct appeal, pursuant to 

§ 46-8-104(1)(d), MCA; "[h]owever, 'the right to assistance of counsel does not grant 

defendants the right to counsel of their choice." State v. Dethman, 2010 MT 268, ¶ 15, 

358 Mont. 384, 245 P.3d 30 (internal citations omitted). On appeal, Purkhiser possesses 

no right to represent himself. "There is no constitutional right to self-representation on the 

initial appeal as of right." Martinez v. Ct. of Appeal, 528 U.S. 152, 155, 120 S. Ct. 684, 

687 (2000), (citing Faretta v. Cal., 422 U.S. 806, 95 S. Ct. 2525 (1975) (internal citation 

omitted)). Purkhiser is not entitled to his requests. If the Appellate Defender Division 

04/11/2023

Case Number: DA 22-0637
determines that the prior case presents a conflict of interest, it will assign conflict counsel 

to handle Purkhiser's appeal in accordance with standard procedure. 

This Court cautions Purkhiser to refrain from filing pleadings on his own behalf 

while represented by counsel in an appeal. M. R. App. P. 10(1)(c). Accordingly, 

IT IS ORDERED that Purkhiser's Motion for New Counsel, or alternatively, to 

Proceed Pro Se, is DENIED and DISMISSED. 

The Clerk is directed to provide a copy of this Order to counsel of record and to 

Walter Purkhiser personally. 

DATED this It14/4\--day of April, 2023. 

Chief Justice 

(2/J-e4-/ 

io #7 • 

Justices