alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §4361c. Staff management

#### (a) Appointments for educational programs

(1) The Administrator is authorized to select and appoint up to 75 full-time permanent staff members in the Office of Research and Development to pursue full-time educational programs for the purpose of (A) securing an advanced degree or (B) securing academic training, for the purpose of making a career change in order to better carry out the Agency's research mission.

(2) The Administrator shall select and appoint staff members for these assignments according to rules and criteria promulgated by him. The Agency may continue to pay the salary and benefits of the appointees as well as reasonable and appropriate relocation expenses and tuition.

(3) The term of each appointment shall be for up to one year, with a single renewal of up to one year in appropriate cases at the discretion of the Administrator.

(4) Staff members appointed to this program shall not count against any Agency personnel ceiling during the term of their appointment.

#### (b) Post-doctoral research fellows

(1) The Administrator is authorized to appoint up to 25 Post-doctoral Research Fellows in accordance with the provisions of section 213.3102(aa) of title 5 of the Code of Federal Regulations.

(2) Persons holding these appointments shall not count against any personnel ceiling of the Agency.

#### (c) Non-Government research associates

(1) The Administrator is authorized and encouraged to utilize research associates from outside the Federal Government in conducting the research, development, and demonstration programs of the Agency.

(2) These persons shall be selected and shall serve according to rules and criteria promulgated by the Administrator.

#### (d) Women and minority groups

For all programs in this section, the Administrator shall place special emphasis on providing opportunities for education and training of women and minority groups.

(Pub. L. 95–477, §6, Oct. 18, 1978, 92 Stat. 1510.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Environmental Research, Development, and Demonstration Authorization Act of 1979, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

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

#### Contracts by Office of Research and Development of the Environmental Protection Agency

Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 509, provided in part: "That the Office of Research and Development of the Environmental Protection Agency may hereafter contract directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5 [see 41 U.S.C. 6101], for the temporary or intermittent personal services of students or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes."
#### William M. Eckert et al., Respondents, v State of New York, Appellant.

(Claim No. 55049.)

Appeal from a judgment, entered July 27, 1976, upon a decision of the Court of Claims. Claimants were the owners of a rectangular parcel of land on the easterly side of Yankee Place, Village of Ellenville, Ulster County, when, on July 9, 1970, the State appropriated two permanent easements for flood control purposes. One easement, consisting of approximately 0.15 acre, covers a portion of the streambed of Sandberg Creek, and the second easement, consisting of approximately 0.66 acre, covers most of claimants’ lands. For their sole use claimants are left with only about 0.318 acre on which is located a residence and a combination garage-apartment. After a trial of the claim at which both sides presented appraisals and had their experts testify, the Court of Claims adopted the appraisal offered by the State as to all damages except the indirect damages to the improvements on the land and granted claimants an award totaling $23,900. Of this sum, direct damages amounted to $11,100 and indirect damages were calculated at $200 for the land and $12,600 for the improvements. Only the award of indirect damages for the improvements is challenged on this appeal. We hold that the judgment appealed from should be affirmed. With regard to the award for indirect damages to the improvements on the land, the trial court’s opinion is sufficiently detailed to permit an intelligent review thereof by this court. Moreover, the award is clearly within the range of the expert testimony, and, accordingly, it should not be disturbed *(Matter of Rochester Urban Renewal Agency [Siebert Sons],*55 AD2d 1035; cf. *Flynn v State of New York,*35 AD2d 640). Judgment affirmed, without costs. Mahoney, P. J., Kane, Main, Larkin and Herlihy, JJ., concur.
#### In the Matter of Sidney J. Ungar, Appellant. Joseph A. Sarafite, as Judge of the Court of General Sessions, Respondent.

Appeal from mandate of order and judgment of conviction unanimously dismissed, without costs. No opinion. Concur — Rabin, J. P., Valente, McNally, Eager and Steuer, JJ.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS STATEMENT CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
AS OF SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                       4,616,139
<SECURITIES>                                     9,100
<RECEIVABLES>                                  132,263 
<ALLOWANCES>                                     3,600
<INVENTORY>                                     38,424
<CURRENT-ASSETS>                             5,560,106
<PP&E>                                         143,929
<DEPRECIATION>                                 310,911
<TOTAL-ASSETS>                               6,581,792
<CURRENT-LIABILITIES>                        4,772,171
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     38,898
<COMMON>                                       214,920
<OTHER-SE>                                   1,555,803 
<TOTAL-LIABILITY-AND-EQUITY>                 6,581,792
<SALES>                                        793,709
<TOTAL-REVENUES>                               793,709
<CGS>                                          579,737
<TOTAL-COSTS>                                4,590,264
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             128,905
<INCOME-PRETAX>                             (4,273,334)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (4,273,334)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (4,273,334)
<EPS-PRIMARY>                                    (0.46)
<EPS-DILUTED>                                    (0.46)
        

</TABLE>
## **EXHIBIT 32**

 

 

**Certification**

# **Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002**

**(Subsections (a) and (b) of Section1350, Chapter 63 of Title 18, United States Code)**

 

 

                Pursuant to section 906 of theSarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63of title 18, United States Code), each of the undersigned officers of OnCommand Corporation, a Delaware corporation (the “Company”), does herebycertify, to such officers’ knowledge, that:

 

                The Quarterly Report on Form10-Q for the quarter ended September 30, 2003 (the “Form 10-Q”) of the Companyfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and information contained in the Form 10-Qfairly presents, in all material respects, the financial condition and resultsof operations of the Company as of September 30, 2003 and December 31, 2002 andfor the three and nine months ended September 30, 2003 and 2002.

 

 
| Date:  November 14, 2003 |   |   | /s/  Christopher Sophinos                                |
|-------------------------------|--------|--------|---------------------------------------------------------------|
|                          |   |   | Christopher  Sophinos                                         |
|                          |   |   | President  and Chief Executive Officer                        |
|                          |   |   | (Principal  Executive Officer)                                |
|                          |   |   |                                                               |
| Date:  November 14, 2003 |   |   | /s/  Bernard G. Dvorak                                   |
|                          |   |   | Bernard  G. Dvorak                                            |
|                          |   |   | Senior  Vice President, Chief Financial Officer and Treasurer |
|                          |   |   | (Principal  Accounting and Financial Officer)                 |

 

 

 

                Theforegoing certification is being furnished solely pursuant to section 906 ofthe Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350,chapter 63 of title 18, United States Code) and is not being filed as part ofthe Form 10-Q or as a separate disclosure document.

 

----
#### Gloria Thorp, Respondent, v. Center Theater Corporation, Appellant.

Motion by respondent to dismiss appeal from judgment and appeal from order denying new trial, denied, on condition that appellant perfect the appeals *827and be ready to argue or submit them at the March Term, beginning February 27, 1961. The appeals are ordered on the calendar for said term. The record and appellant’s brief must be served and filed on or before February 15, 1961. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.
#### In the Matter of George McGregor, Appellant, v Town of Hastings, et al., Respondents.

Judgment unanimously reversed, without costs, petition reinstated and matter remitted to Onondaga County Supreme Court for a hearing in accordance with the following memorandum: This proceeding was brought pursuant to CPLR article 78, to annul a determination of respondent board of appeals granting a setback variance to corespondent Adams, who is petitioner’s neighbor. Special Term dismissed the petition on the ground that the proceeding was not commenced within 30 days after the filing of the board of appeals’ decision in the office of the town clerk, as required by subdivision 7 of section 267 of the Town Law. This defense is not available to Adams as he is a nonmunicipal respondent *(Matter of Hans v Burns,*48 AD2d 947). However, respondent town does not raise the issue of timeliness on this appeal and concedes that there should be a hearing on the merits. Accordingly, the proceeding is remitted to Special Term (CPLR 7804, subd [g]) for a hearing to determine the factual questions presented (Appeal from judgment of Onondaga Supreme Court—art 78.) Present— Moule, J. P., Cardamone, Simons, Dillon and Denman, JJ.
### §5771. Transferred

#### **Editorial Notes**

#### Codification

Section 5771 was editorially reclassified as section 11291 of Title 34, Crime Control and Law Enforcement.
§ 521.29 Sanctions. ( a ) The ALJ may sanction a person, including any party or representative for: ( 1 ) Failing to comply with an order, rule, or procedure governing the proceeding;
( 2 ) Failing to prosecute or defend an action; or
( 3 ) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.
( b ) Any such sanction, including but not limited to those listed in paragraphs (c), (d), and (e) of this section, shall reasonably relate to the severity and nature of the failure or misconduct.
( c ) When a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, or a request for admission, the ALJ may: ( 1 ) Draw an inference in favor of the requesting party with regard to the information sought;
( 2 ) In the case of requests for admission, deem each matter of which an admission is requested to be admitted;
( 3 ) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought; and
( 4 ) Strike any part of the pleadings or other submissions of the party failing to comply with such request.
( d ) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.
( e ) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.
§ 1101.17 Annual report to Congress. ( a ) On or before August 1 of each calendar year the Commissioner shall submit a report covering the preceding calendar year to the Speaker of the House of Representatives and the President of the Senate for referral to the appropriate committees of the Congress. The report shall include: ( 1 ) The U.S. Section's point of contact responsible for implementing the Privacy Act of 1974;
( 2 ) The number of active systems, new systems published, systems deleted, systems automated, either in whole or part, number of existing systems for which new routine uses were established, number of existing systems for which new exemptions were claimed, number of existing systems from which exemptions were deleted, and number of public comments received by the agency of publication of rules or notices;
( 3 ) Total number of requests for access, number of requests wholly or partially granted, number of requests totally denied, number of requests for which no record was found, number of appeals of denials of access, number of appeals in which denial was upheld, number of appeals in which denial was overturned either in whole or part, number of requests to amend records in system, number of amendment requests wholly or partially granted, number of amendment requests totally denied, number of appeals of denials of amendment requests, number of appeals in which denial was upheld, number in which denial was overturned either in whole or in part, whether the U.S. Section denied an individual access to his or her records in a system of record on any basis other than a Privacy Act exemption under 5 U.S.C. 552(j) or (k), and the legal justification for the denial, number of instances in which individuals litigated the results of appeals of access or amendment, and the results of such litigation, and a statement of our involvement in matching programs;
( 4 ) Any other information which will indicate the U.S. Section's effort to comply with the objectives of the Act, to include any problems encountered, with recommendations for solving thereof;
( 5 ) And, a copy of these regulations.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-30120 Summary Calendar

GAYLE R. FUSSELL, Plaintiff-Appellant,

versus BELLSOUTH TELECOMMUNICATIONS, Inc., Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 96-CV-1660-T

- - - - - - - - - - September 23, 1998 Before JOLLY, SMITH, and WIENER, Circuit Judges. PER CURIAM: * Gayle R. Fussell appeals the district court’s summary judgment in favor of the BellSouth Telecommunications ("BST"). Fussell abandoned her state tort and state-discrimination-law contentions by not raising them on appeal. Evans v. City of Marlin, Tex. , 986 F.2d 104, 106 n.1 (5th Cir. 1993). Fussell argues that the district court erred by granting BST's motion for summary judgment and dismissing her Age Discrimination in Employment Act and her Americans withNo. 98-30120 -2- Disabilities Act claims. We have reviewed the briefs of the parties and the summary-judgment evidence, and we AFFIRM for essentially the same reasons stated by the district court. See Fussell v. BellSouth Telecommunications Inc ., No. 96-CV-1660-T (E.D. La. Jan. 8, 1998). AFFIRMED.
OMB Control Number: 2060-0482

Expiration Date: 6/30/15 

EPA Form # 5900-145, Revised 7/14

 U.S. Environmental Protection Agency

 STRATOSPHERIC OZONE PROTECTION PROGRAM

CLASS I CONTROLLED SUBSTANCE

METHYL BROMIDE

SECOND-PARTY DESTRUCTION ANNUAL REPORT

(40 CFR 82.13)

SECTION 1 COMPANY IDENTIFICATION

1.1 Date of Submission 1.2 Year to Which This Report Applies

1.3 Original Submittal Re-submittal

1.4 Have you submitted a one-time destruction report to EPA (per 40 CFR 82.13)? Yes No

1.5 Have you submitted a destruction verification to the producer or importer (per 40 CFR 82.13)? Yes No

1.6 Company Information

Company Name 

Street Address 

City State Zip Code 

1.7 Company Contact Identification

Reporting Company Contact Person 

E-mail Address 

Phone Number Fax Number 

1.8 Destruction Total

Second-Party Destruction of Methyl Bromide (kg): 

1.9 Signature of Reporting Company Representative

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached 

documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the 

submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, 

including the possibility of fine and imprisonment.

Name 

Title 

Signature Date 

SEND COMPLETED FORMS TO: For U.S. Postal Service:

U.S. EPA

Stratospheric Protection Division

Office of Atmospheric Programs

Mail Code: 6205T

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

For Private Courier:

U.S. EPA

Stratospheric Protection Division

Office of Atmospheric Programs

Room 4355CC

1201 Constitution Avenue, NW

Washington, D.C. 20004

A company may assert a claim of confidentiality for information submitted in this form by clearly marking that information as confidential. Such information shall 

be treated in accordance with EPA’s procedures for information claimed as confidential at 40 CFR Part 2, Subpart B, and will only be disclosed by the means 

set forth in the subpart. If no claim of confidentiality accompanies the report when it is received by EPA, it may be made public without further notice to the 

company (40 CFR 2.203).

The public reporting and recordkeeping burden for this collection of information is estimated to average 1.3 hours per response. Send comments on the 

Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including 

through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 

Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.
#### Susan L. Rosenstiel, Appellant, v. Lewis S. Rosenstiel, Respondent.

Order entered on May 14, 1962, granting defendant’s motion to dismiss the complaint, unanimously reversed, on consent, without costs, and the motion denied. A stay of proceedings is granted on consent and this action is consolidated with the action for annulment instituted by the defendant herein. In the event defendant husband seeks to discontinue his prayer for an annulment or starts a matrimonial action in another State, plaintiff may apply to Special Term to vacate or modify the stay of proceedings with respect to so much of the consolidated action as seeks an injunction. Settle order on notice. Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.
#### Paul A. Newman v. James W. McAlpine.

Motion to dismiss appeal denied, with leave to respondent to renew motion as stated in order. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.
§ 512.19 Definitions. For purposes of this subpart: *Board* means the Broadcasting Board of Governors.
*Creditor Agency* means the agency to which the debt is owed.
*Debt* means an amount owed to the United States.
*Disposable Pay* means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay or authorized pay remaining after the deduction of any amount required to be withheld by law. The Board will exclude deductions described in 5 CFR 581.105 (b) through (f) to determine disposable pay subject to salary offset.
*Employee* means a current employee of Broadcasting Board of Governors or of another Executive Agency.
*Executive Agency* means: ( a ) An Executive Agency as defined in section 105 of title 5, United States Code, including the U.S. Postal Service and the U.S. Postal Rate Commission;
( b ) A military department as defined in section 102 of title 5, United States Code;
( c ) An agency or court in the judicial branch, including a court as defined in section 610 of title 28, United States Code, the District Court for the Northern Mariana Islands, and the Judicial Panel on Multidistrict Litigation;
( d ) An agency of the legislative branch, including the U.S. Senate and the U.S. House of Representatives; and
( e ) Other independent establishments that are entities of the Federal Government.
*FCCS* means the Federal Claims Collection Standards jointly published by the Justice Department and the General Accounting Office at 4 CFR parts 101-105.
*Paying agency* means the agency employing the individual and authorizing the payment of his or her current pay.
*Salary offset* means an administrative offset to collect a debt under 5 U.S.C. 5514 by deductions at one or more officially established pay intervals from the current pay account of an employee without his or her consent.
*Waiver* means the cancellation, remission, forgiveness, or non-recovery of a debt allegedly owed by an employee to an agency as permitted or required by U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 710, 5 U.S.C. 8346(b), or any other law.
[52 FR 43897, Nov. 17, 1987, as amended at 55 FR 3051, Jan. 30, 1990]
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