alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Scott Parrilla, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

[820 NYS2d 863]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

*1087Based upon confidential information that petitioner was carrying or storing a weapon, petitioner’s cube was searched and a metal rod with a taped handle and string attached was found under the wall radiator. Petitioner was charged in a misbehavior report with, among other things, violating the prison disciplinary rule that prohibits possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of the weapon charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

Although petitioner contends that he did not have exclusive access to the area where the weapon was found, a reasonable inference of possession arises from the fact that it was discovered within petitioner’s cube *(see Matter of Alston v Goord,*4 AD3d 708 [2004]; *Matter of Shackleford v Goord,*3 AD3d 622 [2004]). This inference, together with the misbehavior report and testimony at the hearing, provide substantial evidence to support the determination of guilt *(see Matter of Bunting v Goord,*25 AD3d 845 [2006]; *Matter of Davis v Senkowski,*306 AD2d 778 [2003]). Petitioner’s contention that the weapon did not belong to him presented a credibility issue for the Hearing Officer to resolve *(see Matter of Alston v Goord, supra).*We also reject petitioner’s contention that the Hearing Officer was required to assess the credibility of the confidential information that prompted the search inasmuch as the misbehavior report and determination of guilt resulted from the discovery of the weapon and not from the confidential information *(see Matter of Hemphill v Selsky,*26 AD3d 548 [2006]; *Matter of Folk v Goord,*307 AD2d 500, 501 [2003]).

Cardona, P.J., Crew III, Carpinello, Mugglin and Rose, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
EXHIBIT 32



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. § 1350



In connection with the Quarterly Report on Form 10-QSB for the period ended June 30, 2003 (the Form 10-QSB) of Surrey Bank & Trust (the Company), we, Edward C. Ashby, III, Chief Executive
Officer of the Company, and Mark H.Towe, Chief Financial Officer of the Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to our knowledge:



(a) the Form 10-QSB fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934, as amended; and



(b) the
information contained in the Form 10-QSB fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods presented in the Form 10-QSB.





|By: |  | /s/    EDWARD C. ASHBY,
III                                 |  |  |  | Date: |  | August 13, 2003
|--- |  | ----------------------------------------------------------- |  |  |  | ----- |  | ---------------
|    |  | Edward C. Ashby, III. President and Chief Executive Officer |  |  |  |       |  |                



|By: |  | /s/    MARK H.
TOWE                                         |  |  |  | Date: |  | August 13, 2003
|--- |  | ----------------------------------------------------------- |  |  |  | ----- |  | ---------------
|    |  | Mark H. Towe Sr. Vice-President and Chief Financial Officer |  |  |  |       |  |                



21
### §16234. Concentrating solar power research program

#### (a) In general

The Secretary shall conduct a program of research and development to evaluate the potential for concentrating solar power for hydrogen production, including cogeneration approaches for both hydrogen and electricity.

#### (b) Administration

The program shall take advantage of existing facilities to the extent practicable and shall include—

(1) development of optimized technologies that are common to both electricity and hydrogen production;

(2) evaluation of thermochemical cycles for hydrogen production at the temperatures attainable with concentrating solar power;

(3) evaluation of materials issues for the thermochemical cycles described in paragraph (2);

(4) cogeneration of solar thermal electric power and photo-synthetic-based hydrogen production;

(5) system architectures and economics studies; and

(6) coordination with activities under the Next Generation Nuclear Plant Project established under part B of subchapter VI on high temperature materials, thermochemical cycles, and economic issues.

#### (c) Assessment

In carrying out the program under this section, the Secretary shall—

(1) assess conflicting guidance on the economic potential of concentrating solar power for electricity production received from the National Research Council in the report entitled "Renewable Power Pathways: A Review of the U.S. Department of Energy's Renewable Energy Programs" and dated 2000 and subsequent reviews of that report funded by the Department; and

(2) provide an assessment of the potential impact of technology used to concentrate solar power for electricity before, or concurrent with, submission of the budget for fiscal year 2008.

#### (d) Report

Not later than 5 years after August 8, 2005, the Secretary shall provide to Congress a report on the economic and technical potential for electricity or hydrogen production, with or without cogeneration, with concentrating solar power, including the economic and technical feasibility of potential construction of a pilot demonstration facility suitable for commercial production of electricity or hydrogen from concentrating solar power.

(Pub. L. 109–58, title IX, §934, Aug. 8, 2005, 119 Stat. 872.)
Editorial Note on Part 248
Editorial Note: Nomenclature changes to part 248 appear at 74 FR 40431, Aug. 11, 2009.

§ 248.126 Delivery of opt out notices. ( a ) *In general.* The opt out notice must be provided so that each consumer can reasonably be expected to receive actual notice. For opt out notices provided electronically, the notice may be provided in compliance with either the electronic disclosure provisions in this subpart or the provisions in section 101 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, *et seq.*
( b ) *Examples of reasonable expectation of actual notice.* A consumer may reasonably be expected to receive actual notice if the affiliate providing the notice: ( 1 ) Hand-delivers a printed copy of the notice to the consumer;
( 2 ) Mails a printed copy of the notice to the last known mailing address of the consumer;
( 3 ) Provides a notice by e-mail to a consumer who has agreed to receive electronic disclosures by e-mail from the affiliate providing the notice; or
( 4 ) Posts the notice on the Internet Web site at which the consumer obtained a product or service electronically and requires the consumer to acknowledge receipt of the notice.
( c ) *Examples of no reasonable expectation of actual notice.* A consumer may not reasonably be expected to receive actual notice if the affiliate providing the notice: ( 1 ) Only posts the notice on a sign in a branch or office or generally publishes the notice in a newspaper;
( 2 ) Sends the notice by e-mail to a consumer who has not agreed to receive electronic disclosures by e-mail from the affiliate providing the notice; or
( 3 ) Posts the notice on an Internet Web site without requiring the consumer to acknowledge receipt of the notice.
### §§1491 to 1497. Omitted

#### **Editorial Notes**

#### Codification

Sections were omitted pursuant to section 5316 of this title which terminated the authority to make grants or loans under this chapter after Jan. 1, 1975.

Section 1491, acts Aug. 11, 1955, ch. 783, title II, §201, 69 Stat. 642; June 30, 1961, Pub. L. 87–70, title V, §501(a), 75 Stat. 173; Oct. 15, 1962, Pub. L. 87–808, §1, 76 Stat. 920, set forth Congressional declaration of policy for public works or facilities provisions.

Section 1492, acts Aug. 11, 1955, ch. 783, title II, §202, 69 Stat. 643; June 30, 1961, Pub. L. 87–70, title V, §501(b)–(d)(1), (e)–(g), 75 Stat. 173, 174; Sept. 5, 1962, Pub. L. 87–634, 76 Stat. 435; Sept. 14, 1962, Pub. L. 87–658, §5, 76 Stat. 543; Oct. 15, 1962, Pub. L. 87–808, §2, 76 Stat. 920; Oct. 15, 1962, Pub. L. 87–809, 76 Stat. 920; Sept. 2, 1964, Pub. L. 88–560, title VI, §601, 78 Stat. 798; Aug. 10, 1965, Pub. L. 89–117, title XI, §1107, 79 Stat. 503; Nov. 3, 1966, Pub. L. 89–754, title IV, §407, title X, §1009, 80 Stat. 1273, 1286; May 25, 1967, Pub. L. 90–19, §12(b), (c), 81 Stat. 23; Aug. 1, 1968, Pub. L. 90–448, title IV, §416(a), 82 Stat. 518; Dec. 31, 1970, Pub. L. 91–609, title VII, §727(b), 84 Stat. 1802, related to purchase of securities or obligations and loans, restrictions and limitations upon such powers, priority for applications, etc.

Section 1493, acts Aug. 11, 1955, ch. 783, title II, §203, 69 Stat. 643; Sept. 14, 1960, Pub. L. 86–788, §2(c), 74 Stat. 1028; June 30, 1961, Pub. L. 87–70, title V, §501(d)(2), (h), (j), 75 Stat. 174, 175; May 25, 1967, Pub. L. 90–19, §12(b), 81 Stat. 23; Oct. 17, 1984, Pub. L. 98–479, title II, §203(f), 98 Stat. 2230, related to forms and denominations, maturities, terms and conditions, etc., respecting notes and obligations.

Section 1494, acts Aug. 11, 1955, ch. 783, title II, §204, 69 Stat. 644; May 25, 1967, Pub. L. 90–19, §12(b), 81 Stat. 23, related to functions, powers, and duties of the Secretary, and administrative expenses.

Section 1495, act Aug. 11, 1955, ch. 783, title II, §205, 69 Stat. 644, prohibited making of loans under section 459 of former Title 40, Public Buildings, Property, and Works, after Aug. 11, 1955, except pursuant to an application for such loan filed prior to such date.

Section 1496, act Aug. 11, 1955, ch. 783, title II, §206, as added Aug. 7, 1956, ch. 1029, title VI, §603, 70 Stat. 1114; amended Dec. 24, 1969, Pub. L. 91–152, title IV, §403(b), 83 Stat. 395, defined "States" for purposes of this chapter.

Section 1497, act Aug. 11, 1955, ch. 783, title II, §207, as added June 30, 1961, Pub. L. 87–70, title V, §501(i), 75 Stat. 175; amended Oct. 15, 1962, Pub. L. 87–808, §3, 76 Stat. 920; May 25, 1967, Pub. L. 90–19, §12(b), 81 Stat. 23, related to technical advisory services in budgeting, financing, planning, and construction of community facilities, and appropriations.
### §17022. Grants for production of advanced biofuels

#### (a) In general

The Secretary of Energy shall establish a grant program to encourage the production of advanced biofuels.

#### (b) Requirements and priority

In making grants under this section, the Secretary—

(1) shall make awards to the proposals for advanced biofuels with the greatest reduction in lifecycle greenhouse gas emissions compared to the comparable motor vehicle fuel lifecycle emissions during calendar year 2005; and

(2) shall not make an award to a project that does not achieve at least an 80 percent reduction in such lifecycle greenhouse gas emissions.

#### (c) Authorization of appropriations

There is authorized to be appropriated to carry out this section $500,000,000 for the period of fiscal years 2008 through 2015, except that the amount authorized to be appropriated to carry out this section not appropriated as of October 2, 2013, shall be reduced by $6,000,000.

(Pub. L. 110–140, title II, §207, Dec. 19, 2007, 121 Stat. 1531; Pub. L. 113–40, §10(f), Oct. 2, 2013, 127 Stat. 546.)

#### **Editorial Notes**

#### Amendments

2013—Subsec. (c). Pub. L. 113–40 inserted ", except that the amount authorized to be appropriated to carry out this section not appropriated as of October 2, 2013, shall be reduced by $6,000,000" before period at end.

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

#### Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
527.409 Contract clauses.

GSA has a FAR deviation that allows use of the clauses in paragraphs (a) and (b) of this section in

lieu of the FAR clause at 52.227-17.

(a) Except as provided in paragraph (b) of this section, insert 552.227-70, Government Rights

(Unlimited),in lieu of the FAR clause at 52.227-17, in solicitations and contracts for—

(1) Architect-engineer services.

(b)If the Government requires sole property rights and exclusive control over the design and data,

insert the clause at 552.227-71, Drawings and Other Data to Become Property of Government, in lieu

the clause at FAR 52.227-17 in solicitations and contracts for—

(1) Architect-engineer services.

(2) Construction contracts involving architect-engineer services.

Parent topic: Subpart 527.4 - Rights in Data and Copyrights
### §18403. Goal for Agency space technology

It is critical that NASA maintain an Agency space technology base that helps align mission directorate investments and supports long term needs to complement mission-directorate funded research and support, where appropriate, multiple users, building upon its Innovative Partnerships Program and other partnering approaches.

(Pub. L. 111–267, title IX, §904, Oct. 11, 2010, 124 Stat. 2836.)
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.1701 Form SBSEF, for application for registration as a security-based swap execution facility or to amend such application or registration.

This form shall be used for application for registration as a security-based swap execution facility, pursuant to section 3D of the Securities Exchange Act of 1934 (15 U.S.C. 78c-4) and § 242.803 of this chapter, or to amend such application or registration.
### §16411. Workforce trends and traineeship grants

#### (a) Definitions

In this section:

#### (1) Energy technology industry

The term "energy technology industry" includes—

(A) a renewable energy industry;

(B) a company that develops or commercializes a device to increase energy efficiency;

(C) the oil and gas industry;

(D) the nuclear power industry;

(E) the coal industry;

(F) the electric utility industry; and

(G) any other industrial sector, as the Secretary determines to be appropriate.

#### (2) Skilled technical personnel

The term "skilled technical personnel" means—

(A) journey- and apprentice-level workers who are enrolled in, or have completed, a federally-recognized or State-recognized apprenticeship program; and

(B) other skilled workers in energy technology industries, as determined by the Secretary.

#### (b) Workforce trends

#### (1) Monitoring

The Secretary, in consultation with, and using data collected by, the Secretary of Labor, shall monitor trends in the workforce of—

(A) skilled technical personnel that support energy technology industries; and

(B) electric power and transmission engineers.

#### (2) Report on trends

Not later than 1 year after August 8, 2005, the Secretary shall submit to Congress a report on current trends under paragraph (1), with recommendations (as appropriate) to meet the future labor requirements for the energy technology industries.

#### (3) Report on shortage

As soon as practicable after the date on which the Secretary identifies or predicts a significant national shortage of skilled technical personnel in one or more energy technology industries, the Secretary shall submit to Congress a report describing the shortage.

#### (c) Traineeship grants for skilled technical personnel

The Secretary, in consultation with the Secretary of Labor, may establish programs in the appropriate offices of the Department under which the Secretary provides grants to enhance training (including distance learning) for any workforce category for which a shortage is identified or predicted under subsection (b)(2).

#### (d) Authorization of appropriations

There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2006 through 2008.

(Pub. L. 109–58, title XI, §1101, Aug. 8, 2005, 119 Stat. 937.)
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EXHIBIT32.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICERPURSUANTTO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

In connection with the QuarterlyReport of CepTor Corporation, (the‘‘Company’’) on Form 10-QSB forquarterly period ended September  30,  2006 as filed withthe Securities and Exchange Commission on the date hereof (the‘‘Report’’), I, William H. Pursley,Chairman of the Board and Chief Executive Officer of the Company,certify, pursuant to 18 U.S. C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that, to myknowledge:

|  |           |                                                                                                                       |
|--|-----------|-----------------------------------------------------------------------------------------------------------------------|
|  | (1)  | The Report fully complies with therequirements of Section 13 (a) of 15 (d) of the Securities Exchange Actof 1934; and |

|  |           |                                                                                                                                                   |
|--|-----------|---------------------------------------------------------------------------------------------------------------------------------------------------|
|  | (2)  | The information contained in theReport fairly presents, in all material respects, the financialcondition and results of operations of theCompany. |

November 22,2006

|  | /s/ William H.Pursley                                WilliamH. PursleyChairman and Chief ExecutiveOfficer |
|--|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3997 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3997

To amend the Internal Revenue Code of 1986 to extend the deduction for 
             expensing of environmental remediation costs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2012

  Mr. Barrow 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 extend the deduction for 
             expensing of environmental remediation costs.

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

SECTION 1. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

    (a) In General.--Subsection (h) of section 198 of the Internal 
Revenue Code of 1986 (relating to termination) is amended by striking 
``December 31, 2011'' and inserting ``December 31, 2013''.
    (b) Effective Date.--The amendment made by this section shall apply 
to expenditures paid or incurred after December 31, 2011.
                                 <all>
```
#### Gloria Allen et al., Appellants, v General Electric Company et al., Respondents.

(Appeal No. 2.)

[820 NYS2d 918]

Appeal from an amended order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered June 28, 2005. The amended order, inter alia, set forth the names of the 28 plaintiffs whose claims for medical monitoring expenses were dismissed.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Same memorandum as in *Allen v General Elec. Co.*(32 AD3d 1163 [2006]). Present — Pigott, Jr., P.J., Scudder, Kehoe, Smith and Green, JJ.
#### John Radice et al., Respondents, v. Francis J. Mergenhagen, et al., Appellants.

Memorandum: We do not pass upon the ° validity of any amended complaint that may be served in accordance with the order of the Special Term. All concur. (The portion of the order appealed from denies in part defendants’ motion under rules 106 and 107 of the Rules of *989Civil Practice to dismiss plaintiffs’ complaint.) Present — Taylor, P. J., McCurn, Love, "Vaughan and Piper, JJ.
### §15544. Transferred

#### **Editorial Notes**

#### Codification

Section 15544 was editorially reclassified as section 21144 of Title 52, Voting and Elections.