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

- 12

- 0000642

IN THE SUPREME COURT OF THE STATE OF HAWAI ʻ I

STATE OF HAWAI ʻ I, Respondent/Plaintiff

- Appellee,

vs.
CRAIG A. GOMEZ, Petitioner/Defendant

- Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP

- 12

- 0000642; CASE NO. 1DTC

- 12

- 040907)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Pollack, McKenna, and Wilson, JJ.)
Petitioner/Defendant

- Appellant Craig A. Gomez’s
Application for Writ of Certiorari, filed on May 28, 2015, is
hereby accepted

. IT IS FURTHER ORDERED, that no oral argument will be
scheduled in this case at this time. Any party may, within ten Electronically Filed Supreme Court SCWC-12-0000642 09-JUL-2015 08:48 AM2 days and pursuant to Rule 34(c) of the Hawai ʻ i Rules of Appellate
Procedure, move for retention of oral argument.
DATED: Honolulu, Hawai ʻ i , July 9 , 2015.

James S. Tabe for petitioner /s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Notices]
[Page 5968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2777]


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

DEPARTMENT OF DEFENSE

Department of the Navy


Meeting of the Chief of Naval Operations (CNO) Executive Panel; 
Correction

AGENCY: Department of the Navy, DOD.

ACTION: Notice of closed meeting; correction.

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

SUMMARY: The Department of the Navy published a document in the Federal 
Register of January 30, 2004, announcing a closed meeting of the CNO 
Executive Panel. The document contained an incorrect date and time.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Christopher 
Corgnati, CNO Executive Panel, 4825 Mark Center Drive, Alexandria, VA 
22311, (703) 681-4909.

Correction

    In the Federal Register of January 30, 2004, in FR Doc. 04-2048, on 
page 4498, in the third column, correct the DATES caption to read:

DATES: The meeting will be held on Tuesday, February 10, 2004, from 4 
p.m. to 4:30 p.m.

    Dated: February 4, 2004.
J.T. Baltimore,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Alternate Federal Register Liaison Officer.
[FR Doc. 04-2777 Filed 2-6-04; 8:45 am]
BILLING CODE 3810-FF-U [FEDREG][VOL]*[/VOL][NO]*[/NO]*[DATE]*[/
DATE][NOTICES]
Case 3:08-cv-01510-WHA Document 766 Filed 05/13/10 Page 1 of 1
§ 51.3 Types of passports. ( a ) *Regular passport.* A regular passport is issued to a national of the United States.
( b ) *Service passport.* When authorized by the Department, a service passport may be issued to a non-personal services contractor traveling abroad to carry out duties in support of and pursuant to a contract with the U.S. government, when exceptional circumstances make a service passport necessary to enable the individual to carry out his or her contractual duties.
( c ) *Official passport.* When authorized by the Department, an official passport may be issued to: ( 1 ) An officer or employee of the U.S. government traveling abroad to carry out official duties, and family members of such persons;
( 2 ) A U.S. government personal services contractor traveling abroad to carry out official duties on behalf of the U.S. government;
( 3 ) A non-personal services contractor traveling abroad to carry out duties in support of and pursuant to a contract with the U.S. government when the contractor is unable to carry out such duties using a regular or service passport; or
( 4 ) An official or employee of a state, local, tribal, or territorial government traveling abroad to carry out official duties in support of the U.S. government.
( d ) *Diplomatic passport.* A diplomatic passport is issued to a Foreign Service Officer or to a person having diplomatic status or comparable status because he or she is traveling abroad to carry out diplomatic duties on behalf of the U.S. government. When authorized by the Department, spouses and family members of such persons may be issued diplomatic passports. When authorized by the Department, a diplomatic passport may be issued to a U.S. government contractor if the contractor meets the eligibility requirements for a diplomatic passport and the diplomatic passport is necessary to complete his or her contractual duties in support of the U.S. government.
( e ) *Passport card.* A passport card is issued to a national of the United States on the same basis as a regular passport. It is valid only for departure from and entry to the United States through land and sea ports of entry between the United States and Mexico, Canada, the Caribbean and Bermuda. It is not a globally interoperable international travel document.
[81 FR 67157, Sept. 30, 2016]
### §3030c–1. Rights relating to in-home services for frail older individuals

The Assistant Secretary shall require entities that provide in-home services under this subchapter to promote the rights of each older individual who receives such services. Such rights include the following:

(1) The right—

(A) to be fully informed in advance about each in-home service provided by such entity under this subchapter and about any change in such service that may affect the well-being of such individual; and

(B) to participate in planning and changing an in-home service provided under this subchapter by such entity unless such individual is judicially adjudged incompetent.

(2) The right to voice a grievance with respect to such service that is or fails to be so provided, without discrimination or reprisal as a result of voicing such grievance.

(3) The right to confidentiality of records relating to such individual.

(4) The right to have the property of such individual treated with respect.

(5) The right to be fully informed (orally and in writing), in advance of receiving an in-home service under this subchapter, of such individual's rights and obligations under this subchapter.

(Pub. L. 89–73, title III, §314, as added Pub. L. 102–375, title III, §311, Sept. 30, 1992, 106 Stat. 1237; amended Pub. L. 103–171, §§2(11), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990.)

#### **Editorial Notes**

#### Amendments

1993—Pub. L. 103–171 struck out "(a) Promotion.—" before "The Assistant" and substituted "Assistant Secretary" for "Commissioner".
#### The People of the State of New York, Respondent, v. Ernest Lee Goodman, Sr., Appellant.

Motion for leave to prosecute appeal as a poor person granted. The appeal may be perfected upon one typewritten copy of the record and five typewritten copies of the brief. John C. Rafter, Jr., Esq., Attorney at Law, of 5 Broadway, Troy, New York is assigned as counsel for appellant. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
§ 229.115 Assurance required. ( a ) *General.* Either at the application stage or the award stage, Federal agencies must ensure that applications for Federal financial assistance or awards of Federal financial assistance contain, be accompanied by, or be covered by a specifically identified assurance from the applicant or recipient, satisfactory to the designated agency official, that each education program or activity operated by the applicant or recipient and to which these Title IX regulations apply will be operated in compliance with these Title IX regulations. An assurance of compliance with these Title IX regulations shall not be satisfactory to the designated agency official if the applicant or recipient to whom such assurance applies fails to commit itself to take whatever remedial action is necessary in accordance with § 229.110(a) to eliminate existing discrimination on the basis of sex or to eliminate the effects of past discrimination whether occurring prior to or subsequent to the submission to the designated agency official of such assurance.
( b ) *Duration of obligation.* ( 1 ) In the case of Federal financial assistance extended to provide real property or structures thereon, such assurance shall obligate the recipient or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used to provide an education program or activity.
( 2 ) In the case of Federal financial assistance extended to provide personal property, such assurance shall obligate the recipient for the period during which it retains ownership or possession of the property.
( 3 ) In all other cases such assurance shall obligate the recipient for the period during which Federal financial assistance is extended.
( c ) *Form.* ( 1 ) The assurances required by paragraph (a) of this section, which may be included as part of a document that addresses other assurances or obligations, shall include that the applicant or recipient will comply with all applicable Federal statutes relating to nondiscrimination. These include but are not limited to: Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-1688).
( 2 ) The designated agency official will specify the extent to which such assurances will be required of the applicant's or recipient's subgrantees, contractors, subcontractors, transferees, or successors in interest.
§ 171.24 Request for an accounting of record disclosures. ( a ) *How made.* Except where accountings of disclosures are not required to be kept, as set forth in paragraph (b) of this section, or where accountings of disclosures do not need to be provided to a requesting individual pursuant to 5 U.S.C. 552a(c)(3), an individual has a right to request an accounting of any disclosure that the Department has made to another person, organization, or agency of any record about such individual, provided that the disclosed records are maintained in a system of records. This accounting shall contain the date, nature, and purpose of each disclosure as well as the name and address of the recipient of the disclosure. Any request for accounting should identify each particular record in question and may be made by writing directly to A/GIS/IPS at the address given in § 171.4.
( b ) *Where accountings not required.* The Department is not required to keep an accounting of disclosures in the case of: ( 1 ) Disclosures made to employees within the Department who have a need for the record in the performance of their duties; and
( 2 ) Disclosures required under the FOIA.
### §§5117aa to 5117aa–22. Repealed. Pub. L. 115–271, title VII, §7065(b), Oct. 24, 2018, 132 Stat. 4028

Section 5117aa, Pub. L. 100–505, §2, Oct. 18, 1988, 102 Stat. 2533; Pub. L. 102–236, §2, Dec. 12, 1991, 105 Stat. 1812; Pub. L. 108–36, title III, §301, June 25, 2003, 117 Stat. 822; Pub. L. 111–320, title IV, §401(a), Dec. 20, 2010, 124 Stat. 3513, related to congressional findings.

Sections 5117aa–11 and 5117aa–12 comprised part A of this subchapter "Projects Regarding Abandonment of Infants and Young Children in Hospitals".

Section 5117aa–11, Pub. L. 100–505, title I, §101, Oct. 18, 1988, 102 Stat. 2534; Pub. L. 102–236, §3, Dec. 12, 1991, 105 Stat. 1812; Pub. L. 104–235, title II, §221, Oct. 3, 1996, 110 Stat. 3091; Pub. L. 108–36, title III, §302, June 25, 2003, 117 Stat. 823, related to establishment of local projects.

Section 5117aa–12, Pub. L. 100–505, title I, §102, Oct. 18, 1988, 102 Stat. 2535; Pub. L. 102–236, §4, Dec. 12, 1991, 105 Stat. 1814; Pub. L. 108–36, title III, §303, June 25, 2003, 117 Stat. 823, related to evaluations, study, and reports by Secretary.

Sections 5117aa–21 and 5117aa–22 comprised part B of this subchapter "General Provisions".

Section 5117aa–21, Pub. L. 100–505, title III, §301, Oct. 18, 1988, 102 Stat. 2537; Pub. L. 108–36, title III, §305(a), June 25, 2003, 117 Stat. 824; Pub. L. 111–320, title IV, §401(c), Dec. 20, 2010, 124 Stat. 3513, provided definitions for this subchapter.

Section 5117aa–22, Pub. L. 100–505, title III, §302, formerly title I, §104, Oct. 18, 1988, 102 Stat. 2536; Pub. L. 102–236, §6, Dec. 12, 1991, 105 Stat. 1815; Pub. L. 104–235, title II, §222, Oct. 3, 1996, 110 Stat. 3092; renumbered title III, §302, and amended Pub. L. 108–36, title III, §304, June 25, 2003, 117 Stat. 824; Pub. L. 111–320, title IV, §401(d), Dec. 20, 2010, 124 Stat. 3513, related to authorization of appropriations.
### §3107. Labor standards

All laborers and mechanics employed by contractors or subcontractors on projects assisted under sections 3102 and 3103 of this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. No such project shall be approved without first obtaining adequate assurance that these labor standards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40.

(Pub. L. 89–117, title VII, §707, Aug. 10, 1965, 79 Stat. 492.)

#### **Editorial Notes**

#### References in Text

Sections 3102 and 3103 of this title, referred to in text, were omitted from the Code pursuant to section 5316 of this title which terminated the authority to make grants or loans under those sections after Jan. 1, 1975.

Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

#### Codification

In text, "sections 3141–3144, 3146, and 3147 of title 40" substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)" and "section 3145 of title 40" substituted "section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)", on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
###### Editorial Note on Part 40

#### Editorial Note:

Nomenclature changes to part 40 appear at 71 FR 34520 and 34521, June 15, 2006.

#### § 40.68 Aliens subject to INA 222(g).

An alien who, under the provisions of INA 222(g), has voided a nonimmigrant visa by remaining in the United States beyond the period of authorized stay is ineligible for a new nonimmigrant visa unless the alien complies with the requirements in 22 CFR 41.101 (b) or (c) regarding the place of application.

[63 FR 671, Jan. 7, 1998]
#### In theMatter of Arbitration between Ervay. J. Baker, Appellant, and Board of Education of Central School District No. 2, of the Towns of BATH, Cameron, Wheeler, Urbana, Thurston, Avoca and Howard, Steuben County, *et al., Respondents. Motion for*

*rearguement denied; motion for leave to appeal*to t)ie Cpiirt, qf.Appeals, denied Present &emdash; Present - McCurn, P. *J.,*Vaughan, Kimball, Piper and Van Duser, JJ. [See ante, p. 849]
## Summary	of	Interagency	Working	Comments	on	Draf t	Language	under EO12866/13563	Interagency	Review.		Subject	to	Further	Policy	Review. Some commenters would like to reiterate th e i r concerns expressed in the comments on page 82 of this NOPR. In the first round of passback, EPA did not make any changes to the NOPR based on the comments. In the first iteration of comments, the commenters opposed EPA’s proposal to continuing to allow dry- shipped HCFC - 22 condensing units to be sold as repairs or replacements for existing split system central air conditioners that still use HCFC - 22 as refrigerants. This replacement technique, besides prolon ging the use of the HCFC - 22 refrigerant, also lowers the energy efficiency of these systems. A new condensing unit paired with an old evaporator coil will result in lower system efficiency than replacing the system, and will not achieve the efficiency cla imed for the condensing unit. This will cut dramatically into the energy savings projected to be achieved by energy efficiency standards on split system central air conditioners. This issue has also been flagged by industry: EPA includes discussion on th is topic in the NOPR in large part because Carrier Corporation sent a letter in 2011 to EPA requesting EPA ban this type of replacement. In the draft NOPR, EPA proposes to request information from manufacturers on how and to what extent these units are being shipped today, as EPA believes condensing unit sales are decreasing, and therefore won’t materially affect the HCFC - 22 phase out. The commenters are not convinced that condensing unit sales are in fact decreasing, given manufacturer certification da ta, which shows a large uptick in certified R - 22 models in 2012 relative to 2011, implying a larger market for this equipment; and that manufacturers that had previously exited the market have since re - entered the market for competitive reasons. Commenters are concerned that under EPA’s proposed approach, manufacturers have little incentive to provide additional information, as doing so could draw attention to data that would lead EPA to close what could be a sizable loophole. Instead, the commenters propose that EPA indicate in this section that it is “strongly considering banning dry- shipped condensing units intended for use with HCFC - 22.” Manufacturers and other stakeholders would be invited to comment on this proposed approach. Presumably, manufact urers would then supply EPA with any data indicating this approach would have a deleterious effect on manufacturers or consumers. This proposal would not require EPA to change its underlying analysis but would have the benefit of ensuring that any availab le data surrounding this issue would be provided, enabling EPA to make its ultimate decision with all of the information at its disposal.
#### The People of the State of New York v. Joseph J. Greenberg.

Motion to dismiss . appeal granted. Present — Clarke, P. J., Dowling, Smith, Merrell and Greenbaum, JJ.
Case 3:08-cv-00854-TEH Document 133 Filed 08/17/10 Page 1 of 2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

08/17

Case 3:08-cv-00854-TEH Document 133 Filed 08/17/10 Page 2 of 2
(March 31, 1978)

#### The People of the State of New York, ex rel. Lawrence Brown, Petitioner, v Eugene S. Le Fevre, as Superintendent of Clinton Correctional Facility, Respondent.

Application dated February 23, 1978 for writ of habeas corpus pursuant to CPLR 7002 (subd [b], par 2) denied as legally insufficient. Petitioner’s remedy is to prosecute his pending appeal from the judgment of conviction *(People ex rel. Keitt v McMann,*18 NY2d 257, 262). Motion for assignment of counsel on this application dismissed as academic. Greenblott, J. P., Sweeney, Kane, Main and Larkin, JJ., concur.
**Exhibit32.1**

 

 

**CERTIFICATIONOF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350**

**ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Woodson Hobbs,President and Chief Executive Officer of Intellisync Corporation (the “Company”),do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

•                  theQuarterly Report on Form 10-Q of the Company for the quarter ended April 30,2005, as filed with the Securities and Exchange Commission (the “Report”),fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

•                  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 

Dated: June 9, 2005

 

 
| /s/  WOODSON HOBBS                       |   |   |   |
|------------------------------------------|--------|--------|--------|
| **Woodson Hobbs**                        |   |   |
| *President and Chief Executive  Officer* |   |   |

 

----
### §3796. Transferred

#### **Editorial Notes**

#### Codification

Section 3796 was editorially reclassified as section 10281 of Title 34, Crime Control and Law Enforcement.

#### Prior Provisions

A prior section 3796, Pub. L. 90–351, title I, §701, as added Pub. L. 94–430, §2, Sept. 29, 1976, 90 Stat. 1346, contained provisions similar to those in section 10281 of Title 34, Crime Control and Law Enforcement, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157.
Editorial Note on Part 42
Editorial Note: Nomenclature changes to part 42 appear at 71 FR 34522, June 15, 2006.

§ 42.67 Execution of application, registration, and fingerprinting. ( a ) *Execution of visa application* — ( 1 ) *Application fee.* A fee is prescribed for each application for an immigrant visa. It shall be collected prior to the execution of the application and a receipt shall be issued.
( 2 ) *Oath and signature on Form DS-230.* The applicant shall be required to read the Form DS-230, Application for Immigrant Visa and Alien Registration, when it is completed, or it shall be read to the applicant in the applicant's language, or the applicant shall otherwise be informed of its full contents. Applicants shall be asked whether they are willing to subscribe thereto. If the applicant is not willing to subscribe to the application unless changes are made in the information stated therein, the required changes shall be made. The application shall then be sworn to or affirmed and signed by or on behalf of the applicant before a consular officer, or a designated officer of the American Institute of Taiwan, who shall then sign the application over the officer's title.
( 3 ) *Oath and signature on Form DS-260.* The applicant shall be required to read the Form DS-260, Electronic Application for Immigrant Visa and Alien Registration, when it has been completed, or it shall be read to the applicant in the applicant's language, or the applicant shall otherwise be informed of its full contents, before the applicant electronically signs and submits the application to the Department. At the time of the applicant's interview the applicant shall be asked whether they are willing to subscribe thereto to the information provided on Form DS-260. If the alien is not willing to subscribe to the application unless changes are made in the information stated therein, the required changes shall be made. The application shall then be sworn to or affirmed and signed, biometrically, by or on behalf of the applicant before a consular officer, or a designated officer of the American Institute of Taiwan, who shall then electronically sign the application.
( b ) *Registration.* The alien shall be considered to be registered for the purposes of INA 221(b) and 203(g) upon the filing of Form DS-230 or Form DS-260, when duly executed, or the transmission by the Department to the alien of a notification of the availability of an immigrant visa, whichever occurs first.
( c ) *Fingerprinting.* Every applicant for an immigrant visa must furnish fingerprints prior to the execution of Form DS-230 or Form DS-260.
[75 FR 45476, Aug. 3, 2010]
PUBLIC LAW 106–277—OCT. 2, 2000 114 STAT. 813

LEGISLATIVE HISTORY—S. 2460:

CONGRESSIONAL RECORD, Vol. 146 (2000):

June 23, considered and passed Senate.

Sept. 19, considered and passed House.

Æ

Public Law 106–277

106th Congress

An Act

To authorize the payment of rewards to individuals furnishing information relating

to persons subject to indictment for serious violations of international humanitarian law in Rwanda, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. EXPANSION OF REWARDS PROGRAM TO INCLUDE RWANDA.

Section 102 of the Act of October 30, 1998 (Public Law 105–

323) is amended—

(1) in the section heading, by inserting ‘‘OR RWANDA’’ after

‘‘YUGOSLAVIA’’;

(2) in subsection (a)(2), by inserting ‘‘or the International

Criminal Tribunal for Rwanda’’ after ‘‘Yugoslavia’’; and

(3) in subsection (c)—

(A) by inserting ‘‘(1)’’ immediately after ‘‘REFERENCE.—’’; and

(B) by adding at the end the following:

‘‘(2) For the purposes of subsection (a), the statute of the International Criminal Tribunal for Rwanda means the statute contained

in the annex to Security Council Resolution 955 of November 8,

1994.’’.

Approved October 2, 2000.

22 USC 2708

note.

Oct. 2, 2000

[S. 2460]