alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DEPARTMENT OF EDUCATION

Office of Special Education and Rehabilitative Services

MEMORANDUM

TO: Executive Officer

FROM: Troy R. Justesen

SUBJECT: Delegation of Travel Authority 

I. DELEGATION

Under the authority from the Chief Information Officer vested in me by delegation 

EI/GEN/14, certified Mat 23, 2008, I hereby delegate to you, and to anyone serving for 

you in an acting capacity, the authorities described below. These authorities must be 

exercised in accordance with 41 CFR Chapters 300-304, commonly known as the Federal 

Travel Regulation (FTR). This delegation covers travel for the Office of Special 

Education and Rehabilitative Services.

A. The authority to approve travel within the Continental United States (CONUS) and 

non-foreign travel areas. The term “non-foreign travel areas” as used in this 

delegation refers to the States of Alaska and Hawaii, the Commonwealths of 

Guam, Puerto Rico, and the Northern Mariana Islands, and the territories and 

possessions of the United States such as American Samoa and the Virgin Islands, 

and excludes the Trust Territories of the Pacific Islands.

B. The authority to certify travel authorizations and travel vouchers for temporary 

duty including: 

1. Authority to approve use of non-contract carriers between defined city pairs. 

2. Authority to approve the use of public transportation between defined 

locations. 

3. Authority to approve the use of privately owned conveyances by employees 

when advantageous to the Government.

4. Authority to approve rental automobile and miscellaneous travel expenses.

C. The authority to certify travel authorizations and travel vouchers for permanent 

changes of station. 

D. The authority to approve direct flights as indicated by the FTR. 
Page 2 – Delegation of Authority

Unless otherwise noted in future delegations of authority, amendments to the authority 

cited herein are included within the scope of this delegation.

II. RESERVATIONS

A. The authority to approve international travel is reserved to the Secretary or his or 

her delegatee. International travel is travel outside the CONUS and non-foreign 

travel areas. 

B. The authority to approve premium class travel accommodations, cash travel 

advances, and actual subsistence expenses over the total allowable per diem rate for 

each trip in accordance with the Federal Travel Regulation is reserved to the 

Director, Financial Systems Services, Office of the Chief Information Officer, or 

his or her delegatee.

C. The authority to certify one’s own travel and voucher expenses is reserved to the 

Principal Officer.

III. REDELEGATION

No further redelegation is authorized. 

IV. CERTIFICATION AND EFFECTIVE DATE

The delegation is effective upon certification by the Department’s Principal Delegations 

Control Officer and supersedes delegation dated October 3, 2006. I hereby ratify actions 

within the scope of this delegation taken by addressee prior to the date of certification.

_____________/s/_________________ 

 Troy R. Justesen

Certified Date: 6/2/2008

Departmental Delegations Control Officer: /s/ Naty G. Beetle

Control Number: EH/EH1/92
### §1254. Repealed. Pub. L. 104–208, div. C, title III, §308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615

Section, acts June 27, 1952, ch. 477, title II, ch. 5, §244, 66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, §4, 76 Stat. 1247; Oct. 3, 1965, Pub. L. 89–236, §12, 79 Stat. 918; Oct. 20, 1976, Pub. L. 94–571, §7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L. 95–549, title I, §105, 92 Stat. 2066; Mar. 17, 1980, Pub. L. 96–212, title II, §203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L. 97–116, §§9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986, Pub. L. 99–603, title III, §315(b), 100 Stat. 3439; Oct. 24, 1988, Pub. L. 100–525, §2(q)(1), 102 Stat. 2613; Nov. 18, 1988, Pub. L. 100–690, title VII, §7343(b), 102 Stat. 4470; Nov. 29, 1990, Pub. L. 101–649, title I, §162(e)(2), title VI, §603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, §307(m)(1), 105 Stat. 1757; Sept. 13, 1994, Pub. L. 103–322, title IV, §40703, 108 Stat. 1955; Apr. 24, 1996, Pub. L. 104–132, title IV, §413(b), (c), 110 Stat. 1269, related to suspension of deportation. See sections 1229b and 1229c of this title.

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

#### Effective Date of Repeal

Repeal effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU NE 14, 2013

NO. 03

- 11

- 00233

- CV

Oncor Electric Delivery Company LLC, Appellant

v.

Public Utility Commission of Texas, Appellee

APPEAL FROM 53RD DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON A ND FIELD
REVERSED AND REMANDED

-- OPINION BY JUSTICE FIELD

THIS CAUSE came on to be heard on the record of the court below, and the same being

considered, because it is the opinion of this Court that ther e was error in the trial court’s

judgment: IT IS THEREFORE considered, adjudged and ordered that the judgment of the trial

court is reversed, the Commission’s order is reversed, and the cause is remanded to the

Commission for further proceedings. It is F URTHER ordered that the appellee pay all costs

relating to this appeal, both in this Court and the court below; and that this decision be certified

below for observance.
§ 536.130 Claims not cognizable as UCMJ claims. Claims not cognizable under Article 139, UCMJ, and this subpart, include the following: ( a ) Claims resulting from negligent acts.
( b ) Claims for personal injury or death.
( c ) Claims resulting from acts or omissions of military personnel acting within the scope of their employment, including claims resulting from combat activities or noncombat activities, as those terms are defined in the Glossary of AR 27-20.
( d ) Claims resulting from the conduct of Reserve component personnel who are not subject to the UCMJ at the time of the offense.
( e ) Subrogated claims.
( f ) Claims for theft of services, even if such theft constitutes a violation of Article 134 of the UCMJ.
( g ) Claims for indirect, remote, or consequential damages.
( h ) Claims by entities in conflict with the United States or whose interests are hostile to the United States.
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-20003

Conference Calendar

 

JAMES ELLIS, JR.,

Plaintiff-Appellant,

versus

M. LYLES, Warden; GATTIS, Sergeant, STEVE PASOWICZ,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-94-CV-3104

- - - - - - - - - -

October 22, 1998

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. 

PER CURIAM:*

James Ellis, Jr., Texas prisoner #661137, appeals from the

grant of summary judgment for defendant Steve Pasowicz in Ellis’s

civil rights action. Ellis contends that the use of force

against him on April 27, 1994, violated the Eighth Amendment. We

have reviewed the record and the briefs of the parties and we

find no nonfrivolous appellate issues. Accordingly, we dismiss

Ellis’s appeal for essentially the reasons relied upon by the

district court when it granted Pasowicz’s summary-judgment

motion. Ellis v. Lyles, No. H-94-3104 (S.D. Tex. Dec. 8, 1997).
No. 98-20003

-2-

We imposed 28 U.S.C. § 1915(g) sanctions on Ellis on August

20, 1998. Ellis v. Thaler, No. 97-20526 (5th Cir. Aug. 20,

1998)(unpublished). Because Ellis filed his notice of appeal and

was granted leave to proceed in forma pauperis (IFP) before

August 20, we do not apply § 1915(g) to the instant case. We

remind Ellis that he may not bring a civil action or appeal as a

prisoner proceeding IFP unless he is under imminent danger of

serious physical injury. § 1915(g).

APPEAL DISMISSED. 5TH CIR. R. 42.2.
14.202-7 Facsimile bids. ( a ) Unless prohibited or otherwise restricted by agency procedures, contracting officers may authorize facsimile bids (see 14.201-6(v)). In determining whether or not to authorize facsimile bids, the contracting officer shall consider factors such as— ( 1 ) Anticipated bid size and volume;
( 2 ) Urgency of the requirement;
( 3 ) Frequency of price changes;
( 4 ) Availability, reliability, speed, and capacity of the receiving facsimile equipment; and
( 5 ) Adequacy of administrative procedures and controls for receiving, identifying, recording, and safeguarding facsimile bids, and ensuring their timely delivery to the bids opening location.
( b ) If facsimile bids are authorized, contracting officers may, after the date set for bid opening, request the apparently successful offeror to provide the complete original signed bid.
[54 FR 48983, Nov. 28, 1989, as amended at 64 FR 51838, Sept. 24, 1999]
#### 1316.601-70 Contract clauses.

Insert clause 1352.216-77, *Ceiling Price,* in all time-and-materials contracts.
Exhibit 32.2


                         CERTIFICATION OF VICE PRESIDENT
                FEDERAL MORTGAGE CORPORATION OF PUERTO RICO, INC.
                          PURSUANT TO 18 U.S.C.ss.1350,


In  connection  with the Quarterly  Report of Federal  Mortgage  Corporation  of
Puerto Rico,  Inc. (the  "Company") on Form 10-QSB for the period ended June 30,
2005, as filed with the  Securities  and Exchange  Commission on the date hereof
(the  "Report"),  I, Peter  Porath,  Vice  President  of the  Company,  certify,
pursuant  to 18 U.S.C.  ss.1350,  as  adopted  pursuant  to  Section  906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

          (1)  The Report fully complies with the  requirements of Section 13(a)
or 15(d), as applicable, of the Securities Exchange Act of 1934; and

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



 /s/ Peter Porath
------------------
Peter Porath
Vice President
August 15, 2005
1446.670 Inspection, receiving and acceptance reports. ( a ) Except for simplified acquisitions (*See* FAR 46.404) and unless otherwise prescribed by bureau procedures, the documentation in DIAR 1446.671 shall be inserted on each commercial shipping document or packing list, whether by manual or electronic means, for supplies or services and shall be signed by the authorized Government representative as required in FAR 46.401(f) and subpart 46.5.
( b ) The documentation required in paragraph (a) of this section shall be made at the place or places specified in the contract for performance of Government quality assurance (*See* FAR 46.401(b)) as prescribed in FAR 46.402 or FAR 46.403, as appropriate and for acceptance in accordance with FAR 46.503.
( c ) If the CO elects to use a contractor's certificate of conformance (*See* FAR 46.315) under the conditions prescribed in FAR 46.504, the certificate may be used as the basis of Government acceptance.
#### 1371.101 Inspection and manner of doing work.

Insert clause 1352.271-70, *Inspection and Manner of Doing Work,* in all solicitations and contracts for ship construction and ship repair.
#### 1332.006-5 Reporting.

In accordance with 41 U.S.C. 255, the head of an agency shall prepare a report for each fiscal year in which a recommendation has been received pursuant to FAR 32.006-4(a).
### §1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals

#### (a) Reimbursement of States

Subject to the amounts provided in advance in appropriation Acts, the Attorney General shall reimburse a State for the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State.

#### (b) Illegal aliens convicted of a felony

An illegal alien referred to in subsection (a) is any alien who is any alien convicted of a felony who is in the United States unlawfully and—

(1) whose most recent entry into the United States was without inspection, or

(2) whose most recent admission to the United States was as a nonimmigrant and—

(A) whose period of authorized stay as a nonimmigrant expired, or

(B) whose unlawful status was known to the Government,

before the date of the commission of the crime for which the alien is convicted.

#### (c) Marielito Cubans convicted of a felony

A Marielito Cuban convicted of a felony referred to in subsection (a) is a national of Cuba who—

(1) was allowed by the Attorney General to come to the United States in 1980,

(2) after such arrival committed any violation of State or local law for which a term of imprisonment was imposed, and

(3) at the time of such arrival and at the time of such violation was not an alien lawfully admitted to the United States—

(A) for permanent or temporary residence, or

(B) under the terms of an immigrant visa or a nonimmigrant visa issued,

under the laws of the United States.

#### (d) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.

#### (e) "State" defined

The term "State" has the meaning given such term in section 1101(a)(36) of this title.

(Pub. L. 99–603, title V, §501, Nov. 6, 1986, 100 Stat. 3443.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter.

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

#### Regulations

Pub. L. 103–317, title VIII, Aug. 26, 1994, 108 Stat. 1778, provided in part: "That the Attorney General shall promulgate regulations to (a) prescribe requirements for program participation eligibility for States, (b) require verification by States of the eligible incarcerated population data with the Immigration and Naturalization Service, (c) prescribe a formula for distributing assistance to eligible States, and (d) award assistance to eligible States".

[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.]
#### 1332.006-1 General.

The designee authorized to exercise the responsibility to reduce or suspend contract payments is set forth in CAM 1301.70.
IN THE SUPREME COURT OF THE STATE OF NEVADA 

JACOB MATTHEW SCHULTE, 

Appellant, 

vs. 

THE STATE OF NEVADA, 

Respondent. 

No. 85055 

FILED 

AUG 2 2 2022 

ELIZABETH A. BROWN 

CLERK OF SUPREME COURT 

BY 

DEPUTY CLEVe 

SUPREME COURT 

OF 

NEVADA 

(0) I q47A 

ORDER DISMISSING APPEAL 

This is an appeal from an amended judgment of conviction. 

Eighth Judicial District Court, Clark County; Jasmin D. Lilly-Spells, Judge. 

Initial review of the notice of appeal revealed a potential 

jurisdictional defect. The order revoking probation and amended judgment 

of conviction was entered on May 29, 2022. The notice of appeal was not 

filed in the district court until July 15, 2022, well after expiration of the 30-

day appeal period prescribed by NRAP 4(b). Accordingly, this court ordered 

appellant to show cause why this appeal should not be dismissed for lack of 

jurisdiction. 

In response, appellant concedes that the notice of appeal was 

untimely filed. To the extent appellant suggests that a motion for 

reconsideration tolled the time to file the notice of appeal, this contention 

lacks merit. NRAP 4(b)(3) sets forth the tolling motions in criminal 

appeals—a motion for reconsideration is not among those motions. See also 

Phelps v. State, 111 Nev. 1021, 900 P.2d 344 (1995). This court lacks 
jurisdiction over an untimely notice of appeal. Lozada v. State, 110 Nev. 

349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court 

ORDERS this appeal DISMISSED. 

Hardesty 

J. 

Stiglich 

Herndon 

cc: Hon. Jasmin D. Lilly-Spells, District Judge 

The Matian Firm, APC 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

1.1PREME COURT 

OF 

NEVADA 

(0) I 947A
#### Becky Goldbard et al., Respondents, v. Julius J. Kirchik et al., Defendants, and Harris Birnbaum, Appellant.

Motion by appellant for a. stay pending appeal granted on condition that the appeal he perfected and that appellant argue or submit the appeal on November 10, 1960. The appeal is ordered on the calendar for said date. The record and appellant’s brief must *1058be served and filed on or before November 4, 1960. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.
No. 07-17-00153-CV

Joe Busby

 Appellant

v.

Alderson Enterprises Ltd, Inc. and 

Dennis Johnson

 Appellees

§

§

§

§

From the 99th District Court 

 of Lubbock County

July 18, 2017

Opinion Per Curiam

J U D G M E N T

Pursuant to the opinion of the Court dated July 18, 2017, it is ordered, adjudged 

and decreed that this appeal is dismissed.

It is further ordered that appellant pay all costs in this behalf expended for which 

let execution issue.

It is further ordered, adjudged and decreed that inasmuch as the appeal is 

dismissed at the appellant’s request, no motion for rehearing will be entertained, and 

our mandate will issue forthwith.

It is further ordered that this decision be certified below for observance.

o O o
Exhibit 10.11
 FIRST AMENDMENT TO THE
BOB EVANS FARMS, INC.
SECOND AMENDED AND RESTATED
1992 NONQUALIFIED STOCK OPTION PLAN
      Adjustment in Shares
 (a)
    
    a merger or consolidation of the Company with another corporation as a result
of which the Company is not the surviving corporation;(b)
    
    a transfer of all or substantially all of the assets of the Company to
another corporation;(c)
    
    a recapitalization, reorganization or restructuring of the Company; or(d)
    
    a stock dividend payment, or a combination, split-up, or reclassification of,
or substitution of other securities for, outstanding Common Shares,




---



##### 



Limitation of Payment
  BOB EVANS FARMS, INC./s/ Joe EulbergPrinted Name: J. R. EulbergIts: Senior V.P. H.R.
#### 1317.105-1 Uses.

The designee authorized to make the determination to enter into a multi-year contract is set forth in CAM 1301.70.
**CONSENT
      OF EXPERT**





I
      have
      reviewed the annual Report of Avino Silver & Gold Mines Ltd. on Form 20-F
      for the fiscal year ended January 31, 2006, which includes information derived
      from my technical report on the Avino Tailings Project dated April 25, 2006,
      entitled "Tailings Retreatment Process Options for the Avino Tailings Project
      in
      Durango, Mexico", and I concur that the information as set forth is an accurate
      summary of my report. I further consent to the use in this Form 20-F of the
      reference to myself as an expert in the Annual Report.








Dated:
      July 28,
      2006 */s/
      Rick Alexander*


Rick
      Alexander, P. Eng
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE EMONS
TRANSPORTATION GROUP, INC. CONSOLIDATED FINANCIAL STATEMENTS FOR THE THREE
MONTHS ENDED SEPTEMBER 30, 2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000032666
<NAME> EMONS TRANSPORTATION GROUP, INC.

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2001
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       1,653,364
<SECURITIES>                                         0
<RECEIVABLES>                                3,516,861
<ALLOWANCES>                                   226,644
<INVENTORY>                                    449,468
<CURRENT-ASSETS>                             6,078,025
<PP&E>                                      43,290,335
<DEPRECIATION>                              14,511,786
<TOTAL-ASSETS>                              35,512,655
<CURRENT-LIABILITIES>                        6,443,812
<BONDS>                                     12,851,022
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        78,538
<OTHER-SE>                                  15,295,901
<TOTAL-LIABILITY-AND-EQUITY>                35,512,655
<SALES>                                              0
<TOTAL-REVENUES>                             6,696,246
<CGS>                                                0
<TOTAL-COSTS>                                4,616,389
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             283,414
<INCOME-PRETAX>                                899,084
<INCOME-TAX>                                   335,000
<INCOME-CONTINUING>                            564,084
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   564,084
<EPS-BASIC>                                       0.08
<EPS-DILUTED>                                     0.08


</TABLE>
### §1734. Improved training for consular officers

#### (a) Training

The Secretary of State shall require that all consular officers responsible for adjudicating visa applications, before undertaking to perform consular responsibilities, receive specialized training in the effective screening of visa applicants who pose a potential threat to the safety or security of the United States. Such officers shall be specially and extensively trained in the identification of aliens inadmissible under section 1182(a)(3)(A) and (B) of this title, interagency and international intelligence sharing regarding terrorists and terrorism, and cultural-sensitivity toward visa applicants. In accordance with section 1776 of this title, and as part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting inspections of applicants for admission into the United States at ports of entry.

#### (b) Use of foreign intelligence information

As an ongoing component of the training required in subsection (a), the Secretary of State shall coordinate with the Assistant to the President for Homeland Security, Federal law enforcement agencies, and the intelligence community to compile and disseminate to the Bureau of Consular Affairs reports, bulletins, updates, and other current unclassified information relevant to terrorists and terrorism and to screening visa applicants who pose a potential threat to the safety or security of the United States.

#### (c) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to implement this section.

(Pub. L. 107–173, title III, §305, May 14, 2002, 116 Stat. 555; Pub. L. 108–458, title VII, §7203(c), Dec. 17, 2004, 118 Stat. 3814.)

#### **Editorial Notes**

#### Amendments

2004—Subsec. (a). Pub. L. 108–458 inserted at end "In accordance with section 1776 of this title, and as part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting inspections of applicants for admission into the United States at ports of entry."