alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §2107. Civil penalty procedures

(a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or subtitle VII or a regulation prescribed under this subtitle or subtitle VII for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.

(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle or subtitle VII until the assessment is referred to the Attorney General.

(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–241, title III, §306(b), July 11, 2006, 120 Stat. 528.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 2107 | 33:36446:746:65u46:216e(d)46:391a(14)46:526o46:526p46:1484(c) |

46:7

46:65u

46:216e(d)

46:391a(14)

46:526

46:526p

46:1484(c)

Section 2107 provides for standard procedures for the handling of civil penalties for infractions of law or regulation. Some changes were made to increase some antiquated and inadequate penalties.

The assessment of civil penalties under this section should not require an "on the record" hearing within the meaning of the Administrative Procedures Act (APA). It is intended that these civil penalties be assessed in a fair manner. However, the Committee recognizes that statutes passed in the last decade have involved the Coast Guard in tens of thousands of civil penalty enforcement cases and that it is necessary that the penalties be assessed efficiently. The Coast Guard's procedural regulations for assessing civil penalties ensure that the essential elements of due process, notice, and opportunity to be heard, are provided to alleged violators (see 33 CFR Subpart 1.07). The more rigid and time-consuming procedures applicable to APA adjudications are unwarranted in the case of Coast Guard civil penalty assessment procedures and would seriously hamper the orderly enforcement of these administrative penalties.

#### **Editorial Notes**

#### Amendments

2006—Pub. L. 109–241 substituted "this subtitle or subtitle VII" for "this subtitle" in two places in subsec. (a) and in one place in subsec. (b).
### §5104. Assignment of load lines

(a) The Secretary shall assign load lines for a vessel so that they indicate the minimum safe freeboard to which the vessel may be loaded. However, if the owner requests, the Secretary may assign load lines that result in greater freeboard than the minimum safe freeboard.

(b) In assigning load lines for a vessel, the Secretary shall consider—

(1) the service, type, and character of the vessel;

(2) the geographic area in which the vessel will operate; and

(3) applicable international agreements to which the United States Government is a party.

(c) An existing vessel may retain its load lines assigned before January 1, 1986, unless the Secretary decides that a substantial change in the vessel after those load lines were assigned requires that new load lines be assigned under this chapter.

(d) The minimum freeboard of an existing vessel may be reduced only if the vessel complies with every applicable provision of this chapter.

(e) The Secretary may designate by regulation specific geographic areas that have less severe weather or sea conditions and from which there is adequate time to return to available safe harbors. The Secretary may reduce the minimum freeboard of a vessel operating in these areas.

(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1915.)

#### Historical and Revision Notes

#### Revised section 5104

Source: Section (U.S. Code) 46 App. U.S.C. 86c, 88a.

Section 5104(a) requires the Secretary to assign load lines indicating the minimum safe freeboard to which a vessel may be loaded. It also authorizes the Secretary to assign a load line that results in a freeboard that is greater than the minimum freeboard, if the owner requests.

Section 5104(b) sets forth guidelines that the Secretary must consider when assigning load lines on vessels.

Section 5104(c) allows an existing vessel to retain its load line assigned before January 1, 1986, unless the Secretary decides that a change made in the vessel requires the assignment of a new load line.

Section 5104(d) is a new provision that requires that a vessel comply with all the provisions of this chapter before the Secretary will consider a reduction in its minimum freeboard. This provision is similar to Article 4(4) of the International Convention on Load Lines.

Section 5104(e) is a new provision that authorized the Secretary to designate specific geographic areas having relatively non-severe weather or sea conditions and from which there is adequate time to return to safe harbors. Section 5104(e) also authorizes the Secretary to reduce the minimum freeboard of vessels operating in these areas. Regulations that have been issued under this authority (46 C.F.R. 44) authorize special service load lines for vessels operating not more than 20 nautical miles offshore or between islands in a group.
NUMBER 13-14-00012-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

IN THE INTEREST OF A.R., A MINOR CHILD

____________________________________________________________

On appeal from the 156th District Court 

of Bee County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Justices Garza, Benavides, and Perkes

Memorandum Opinion Per Curiam

Appellant, Emilio Barrientes, filed an appeal from a judgment rendered against him 

in the 156th District Court of Bee County. On February 3, 2014, the Clerk of this Court 

notified appellant that the clerk's record in the above cause was originally due on January 

25, 2014, and that the deputy district clerk, Julissa James, had notified this Court that 

appellant failed to make arrangements for payment of the clerk's record. The Clerk of 

this Court notified appellant of this defect so that steps could be taken to correct the 

defect, if it could be done. See TEX. R. APP. P. 37.3, 42.3(b),(c). Appellant was advised 
2

that, if the defect was not corrected within ten days from the date of receipt of the Court’s

notice, the appeal would be dismissed for want of prosecution. 

On February 3, 2014, the Clerk of the Court notified appellant that he was 

delinquent in remitting a $195.00 filing fee. The Clerk of this Court notified appellant that 

the appeal was subject to dismissal if the filing fee was not paid within ten days from the 

date of receipt of this letter. See id. 42.3(b),(c). 

Appellant has failed to respond to this Court’s notices and has failed to pay the 

filing fee. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. 

See TEX. R. APP. P. 42.3(b), (c). 

PER CURIAM

Delivered and filed the

27th day of March, 2014.
**Exhibit 31.2**

 

**CERTIFICATION PURSUANT TO SECTION 302**

**OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Danny Mendelson, certify that: 

 

1. I have reviewed this Annual Report on Form 10-K of Wise Metals Group LLC; 

 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

(a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared; 

 

(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and 

 

(c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting. 

 

Date:March 31, 2005
§ 1227.112 What compensation will a State receive to perform delegated functions? You will receive compensation for your costs to perform each delegated function subject to the following conditions: ( a ) Compensation for costs is subject to Congressional appropriations;
( b ) Compensation may not exceed the reasonably anticipated expenditures that ONRR would incur to perform the same function;
( c ) The cost for which you request compensation must be directly related to your performance of a delegated function and necessary for your performance of that delegated function;
( d ) At a minimum, you must provide vouchers detailing your expenditures quarterly during the fiscal year. However, you may agree to provide vouchers on a monthly basis in your delegation agreement;
( e ) You must maintain adequate books and records to support your vouchers;
( f ) ONRR will pay you quarterly or monthly during the fiscal year as stated in your delegation agreement; and
( g ) ONRR may withhold compensation to you for your failure to properly perform any delegated function as provided in section 227.801 of this part.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 313 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 313

      To provide grants to States to combat methamphetamine abuse.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2005

  Mr. Blunt introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
      To provide grants to States to combat methamphetamine abuse.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Exile Meth Act''.

SEC. 2. ESTABLISHMENT OF GRANT PROGRAM FOR COMBATING METHAMPHETAMINE 
              REPEAT OFFENDERS.

    The Attorney General shall establish a program that provides grants 
to qualified States for combating the problem of methamphetamine abuse, 
with a specific focus on the prosecution of repeat offenders.

SEC. 3. DEFINITION.

    As used in this Act, the term ``qualified State'' means a State 
that--
            (1) had more than 200 methamphetamine lab seizures in 2004, 
        as reported by the National Clandestine Laboratory Database; 
        and
            (2) has a law that provides that a person who possesses or 
        distributes 5 grams or more of methamphetamine, its salts, 
        isomers, or salts of its isomers, or 50 grams or more of a 
        mixture or substance containing a detectable amount of 
        methamphetamine, its salts, isomers, or salts of its isomers, 
        qualifies for a mandatory minimum sentence, without the 
        possibility of probation or parole, of 5 to 40 years for a 
        first offense, 10 years to life for a second offense, and life 
        for a third offense.

SEC. 4. DISTRIBUTION OF GRANT AMOUNTS.

    The Attorney General shall distribute grants authorized under this 
Act to 2 States.

SEC. 5. ADMINISTRATION.

    The Attorney General shall prescribe requirements, including 
application requirements, for grants under the program established 
under this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$10,000,000 for each of the fiscal years 2006 and 2007 to carry out 
this Act.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available until expended.
                                 <all>
```
THE 733 lOth Street, NW, Suite 3002 

Washington, DC 20001 Wicks 

Group 

Tel: 202.457.7790 • Fax: 202.457.7799 

Washington, DC 

U.S. Department ofTransportation 

Docket Section 

Docket OST 1998-3304 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

October 27, 2014 

Re: Limited Liability Company ncavok Air" Designation of Agent: Docket OST-2002-

12556 

Dear Sir/Madam: 

Attached please find Limited Liability Company "Cavok Air" ("Cavok Air") Designation 

of Agent for Service of Notice, Process, Orders, Decisions and Requirements form. 

Please contact the undersigned if you have any questions or comments with respect to the 

enclosed document. 

Enclosures 

Respectfully Submitted, 

Glenn P. Wicks 

Counsel for Cavok Air 

Ekaterina A. Grimes 

Consultant for Cavok Air 
U j . C) .. pari "M'ftt IDI TtonJfiOf iOIIOt'l 

Q'f'w 0' , t ~t- rt • 0' flY"•!:I"'.l'·O'\ 

Chid. D()(;llnlCilli r)' Scr•icc; D,_ 

£Xp1r1mcnt of T ran)p!1f1Uiion 

W~5tltnJion . DC. 20.S90 

Cavok Air 

DESIGNATION OF AGENT FOR 

SERVICE OF NOTICE. PROC£SS . 0RD£RS 

DECISIONS AND REQUIREMENTS 

ATTENTION DOCKET SECilON. C·5S 

(Name of Comp•nr. plea1e pnnl) 

. ha• in~ oh puncop~l 

olfice e1 

Obo1onska Naberezhna, Bldg 3 Ste 2, Kyiv. 0421 0 Ukraine 

IAdd•eu) 

~ucb~ <lc• cu lt . ""~nt to -ccroon -lb IO.' ol Tnle 49 ol lh< l ' S. Ccxk lfomlt'tlr 'cellon IIJO~Ihl frh~ f~o.h:r,ol ,,, 1,

1111111 Ac l 

o f 19'11!. ' ano<lldtdllllc pcr>on n~mtd lo..-1<"' 3> ;,, Ar.enl upon 11/lnm ;rr' l<' t o( llll nOJic<' Ill pon..·c•>. Jo\tl ~~~~~ J.o . r.kcbim, . 

>nO r<'qllllt llltoll\ <>f lht Dcp~otnltn l e>I'Tnou>ponnlinn na~· be m~tk 10.. and on bch3lf of ' "jd r.uner. 11<-rcby nc"'hll~ ~~~ ~' iou• 

~e•ij!fi:J IIOO> o( 3g lll' m~tJt by ir to lhc DOT. 

Glenn P. Wicks/Ekaterina A. Grimes, The Wicks Group PLLC 

N•ouc ul A~enl - - ------- - !Plrnt Prinll 

733 1Oth Str, NW. Ste 3002. Washington. DC 20001 

Addrcu ------------------------------------------------------------------

The A~cnt so duignatcd has wrill.-n h~i na= and allo his initiab IR the followinr spue: 

Glenn. P. \f\/icks/Ekaterina A. Grimes Name ---------------- ·------------ (lnoltall) ---------

Cavok Air 

IN WITNESS WHEREOF. -----·-------------------------- ha$ co~o~scd th<>e 

cNume or Compuoy! 

prnr nr~ 10 be s•r.ncd in ils nuror h)' 

Mykhailo MatJushenko. General Director ------------------ . Prt)odcnl lf'lc~>e P11ntJ 

o( s~id comp11ny. and to be acocllrd a~nt.lcr ill corporate seal by 

tScrretary . ot ottltr Title ! 

. ,} I on this - ---- day o f' ( I' < .J 2014 _!_ ~_'j_!__, 19 - --

Cavok Air 

(Nam~ of Company! 

¥~ ' J/1 ~ 

_0 (b 

,.\, ATTEST: 

- - -·--------·-· .. -

0 51 F 1010 5 P-95)
# Fourth Court of Appeals **San Antonio, Texas**

October 4 , 2023
No. 04

- 23

- 00623

- CR
IN RE Miguel Angel BELTRAN BARRERA et al. Original Proceeding 1

ORDER On June 27, 2023, relators filed a petition for writ of mandamus. Relators also filed a motion to stay the underlying proceedings pending final resolution of the petition for writ of mandamus, which this court granted on June 30, 2023. After considering the petition and this record, this court concludes relators are not entitled to the relief sought. See In re Sanchez , No. 04

- 23

- 00539

- CR, 2023 WL 5274643, at *3

- 4 (Tex. App.

— San Antonio Aug. 16, 2023, orig. proceeding) (denying mandamus petition without pr ejudice where relators failed to show trial court’s denial of their motions for continuance amounted to a violation of due process); In re Santiago Villalobo s, No. 04

- 23

- 00538

- CR, 2023 WL 4750833, at *1 (Tex. App.

— San Antonio July 26, 2023, orig. proceedin g) (mem. op.) (Martinez, C.J., concurring). Accordingly, the petition for writ of mandamus is DENIED WITHOUT PREJUDICE

. See T EX

. R. A PP

. P. 52.8(a). The stay imposed on June 30, 2023 is LIFTED

. It is so ORDERED on October 4 , 2023

.

_____________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4 th day of October, 2023

.

_____________________________ Michael A. Cruz , Clerk of Court

1 This proceeding arises out of Cause Nos. 11754CR, 10867CR, 12441CR, 11889CR, 11472CR, and 11460CR styled, respectively, State of Texas v. Miguel Angel Beltran Barrera ; State of Texas v. Billy Alejandro de Santiago Pichardo ; State of Texas v. Enrique Lopez Leon ; State of Texas v. Jose Roberto Espiritud Cruz ; State of Texas v. David Cayetano Vasquez ; State of Texas v. Rufino Alberto Romero

- Mendez pending in the County Court, Kinney County, Texas, the Honorable Penny Anne Roberts presiding.
### §601. Interstate Commerce Commission and Postmaster General; duties, powers, and functions transferred to Commission

(a) All duties, powers, and functions of the Interstate Commerce Commission under sections 9 to 15 of this title, relating to operation of telegraph lines by railroad and telegraph companies granted Government aid in the construction of their lines, are imposed upon and vested in the Commission: Provided, That such transfer of duties, powers, and functions shall not be construed to affect the duties, powers, functions, or jurisdiction of the Interstate Commerce Commission under, or to interfere with or prevent the enforcement of, subtitle IV of title 49.

(b) All duties, powers, and functions of the Postmaster General with respect to telegraph companies and telegraph lines under any existing provision of law are imposed upon and vested in the Commission.

(June 19, 1934, ch. 652, title VII, §701, formerly title VI, §601, 48 Stat. 1101; renumbered title VII, §701, Pub. L. 98–549, §6(a), Oct. 30, 1984, 98 Stat. 2804.)

#### **Editorial Notes**

#### Codification

In subsec. (a), "subtitle IV of title 49" substituted for "the Interstate Commerce Act and all Acts amendatory thereof or supplemental thereto [49 U.S.C. 1 et seq.]" on authority of Pub. L. 95–473, §3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (§10101 et seq.) of Title 49, Transportation.

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

#### Transfer of Functions

Office of Postmaster General of Post Office Department abolished and functions, powers, and duties of Postmaster General transferred to United States Postal Service by Pub. L. 91–375, §4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service.

#### Abolition of Interstate Commerce Commission and Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.
Exhibit 32

CERTIFICATION 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 of Midway Games Inc. (the "Company") on Form 10-Q for the period ended September 30, 2004
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David F. Zucker, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|/s/ DAVID F. ZUCKERDavid F. Zucker Chief Executive Officer |  | 
|---------------------------------------------------------- |  | 
|November 8, 2004                                           |  | 

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

In connection the Quarterly Report of Midway Games Inc. (the "Company") on Form 10-Q for the period ended September 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Thomas E. Powell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|/s/ THOMAS E. POWELLThomas E. Powell Chief Financial Officer |  | 
|------------------------------------------------------------ |  | 
|November 8, 2004                                             |  | 

---



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