alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 423.521 Final settlement process and payment. ( a ) *Notice of final settlement.* After the calculation of the final settlement amount, CMS sends the Part D sponsor a notice of final settlement. The notice of final settlement contains at least the following information: ( 1 ) A final settlement amount for the contract that has been consolidated, nonrenewed, or terminated, which may be one of the following: ( i ) An amount due to the Part D sponsor.
( ii ) An amount due from the Part D sponsor.
( iii ) $0 if nothing is due to or from the Part D sponsor.
( 2 ) Relevant banking and financial mailing instructions for Part D sponsors that owe CMS a final settlement amount.
( 3 ) Relevant CMS contact information.
( 4 ) A description of the steps for requesting an appeal of the final settlement amount calculation, in accordance with the requirements specified in § 423.522.
( b ) *Request for an appeal.* A Part D sponsor that disagrees with the final settlement amount has 15 calendar days from issuance of the notice of final settlement, as described in paragraph (a) of this section, to request an appeal of the final settlement amount under the process described in § 423.522. ( 1 ) If a Part D sponsor agrees with the final settlement amount, no response is required.
( 2 ) If a Part D sponsor disagrees with the final settlement amount but does not request an appeal within 15 calendar days from the date of the issuance of the notice of final settlement, CMS does not consider subsequent requests for appeal.
( c ) *Actions if a Part D sponsor does not request an appeal.* ( 1 ) For Part D sponsors that are owed money by CMS, CMS remits payment to the Part D sponsor within 60 calendar days from the date of the issuance of the notice of final settlement.
( 2 ) For Part D sponsors that owe CMS money, the Part D sponsor is required to remit payment to CMS within 120 calendar days from issuance of the notice of final settlement. If the Part D sponsor fails to remit payment within that 120-calendar-day period, CMS refers the debt owed to CMS to the Department of the Treasury for collection.
( d ) *Actions following a request for appeal.* If a Part D sponsor responds to the notice of final settlement disagreeing with the final settlement amount and requesting appeal, CMS conducts a review process under the process described at § 423.522.
( e ) *No additional payment adjustments.* After the final settlement amount is calculated and the notice of final settlement, as described under § 423.521(a), is issued to the Part D sponsor, CMS— ( 1 ) No longer applies retroactive payment adjustments to the terminated, consolidated or nonrenewed contract; and
( 2 ) There are no adjustments applied to amounts used in the calculation of the final settlement amount.
[89 FR 30838, Apr. 23, 2024]
[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Page 977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-208]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 6477]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``A Circus Family: Picasso to Leger''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 
of October 19, 1999, as amended, and Delegation of Authority No. 257 of 
April 15, 2003 [68 FR 19875], I hereby determine that the object to be 
included in the exhibition ``A Circus Family: Picasso to Leger,'' 
imported from abroad for temporary exhibition within the United States, 
is of cultural significance. The object is imported pursuant to a loan 
agreement with the foreign owner or custodian. I also determine that 
the exhibition or display of the exhibit object at the Baltimore Museum 
of Art, Baltimore, MD, from on or about February 22, 2009, until on or 
about May 17, 2009, and at possible additional exhibitions or venues 
yet to be determined, is in the national interest. Public Notice of 
these Determinations is ordered to be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Carol B. Epstein, Attorney-
Adviser, Office of the Legal Adviser, U.S. Department of State 
(telephone: 202/453-8048). The address is U.S. Department of State, SA-
44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.

    Dated: December 22, 2008.
C. Miller Crouch,
Principal Deputy Assistant Secretary for Educational and Cultural 
Affairs, Department of State.
 [FR Doc. E9-208 Filed 1-8-09; 8:45 am]
BILLING CODE 4710-05-P
Editorial Note on Part 431
Editorial Note: Nomenclature changes to part 431 appear at 75 FR 48852, Aug. 11, 2010.

§ 431.832 Reporting requirements for claims processing assessment systems. ( a ) The agency must submit reports and data specified in paragraph (b) of this section to CMS, in the form and at the time specified by CMS.
( b ) Except when CMS authorizes less stringent reporting, States must submit: ( 1 ) A monthly report on claims processing reviews sampled and or claims processing reviews completed during the month;
( 2 ) A summary report on findings for all reviews in the 6-month sample to be submitted by the end of the 3rd month following the scheduled completion of reviews for that 6 month period; and
( 3 ) Other data and reports as required by CMS.
#### § 426.463 Future new or revised LCDs.

The contractor may not reinstate an LCD provision(s) found to be unreasonable unless the contractor has a different basis (such as additional evidence) than what the ALJ evaluated.
#### STATE of Florida, Appellant, v. Leonard Alexander JENKINS, Appellee.

No. 81-1188.

District Court of Appeal of Florida, Second District.

Dec. 2, 1981.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, Bartow, and Eula Tuttle Mason, Asst. Public Defender, Tampa, for appellee.

OTT, Judge.

Appellee was charged with possession of marijuana. A police officer had entered his residence in response to a call from a neighbor, who was justifiably concerned for ap-pellee’s welfare. The officer observed marijuana in plain view in several locations, and seized it without obtaining a warrant. The trial court granted appellee’s motion to suppress the evidence, after making the following findings:

> *12371. under the emergency doctrine the officer had a right to enter the house;

> 2. the officer did not suspect the presence of illegal drugs;

> 3. the contraband was in plain view;

> 4. the house was vacant, the contraband was in no danger of being destroyed or removed, and no one was present in the house; and

> 5. warrantless seizure was not necessary by reason of the time element of other exigent circumstances.

The state contends on appeal that a warrant was not required because the marijuana was in plain view. We agree and reverse.

When an officer legally enters a constitutionally protected area and observes contraband in plain view, he may constitutionally seize it without first obtaining a warrant. *Ensor v. State,*403 So.2d 349 (Fla.1981).

Accordingly, it was error for the trial court to grant appellee’s motion to suppress.

REVERSED and REMANDED.

GRIMES, A. C. J., and DANAHY, J., concur.
* Pursuant to 5 TH 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 5 TH CIR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-31045 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee

v. ROBERT W CLARK, JR Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:98-CR-50036-1
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. PER CURIAM: * Robert W. Clark, Jr., federal prisoner # 09895-035, seeks leave to proceed in forma pauperis (IFP) on appeal. He seeks to appeal the district court’s denial of his motion to disclose the grand jury transcript. Clark was convicted of conspiracy to distribute 50 or more grams of cocaine base (crack) and distribution of 50 or more grams of crack and was sentenced, in 1999, to 360 months of imprisonment on the conspiracy count and 240 months of imprisonment on the distribution count. United States Court of Appeals Fifth Circuit 

### F I L E D June 19, 2008 Charles R. Fulbruge III ClerkNo. 07-31045

2 Clark has not shown that the district court had jurisdiction to grant his motion requesting the grand jury transcript in connection with a judicial proceeding. See United States v. Carvajal , 989 F.2d 170, 170 (5th Cir. 1993). Moreover, he has not alleged that the material is needed to avoid a possible injustice in another judicial proceeding, and he cannot conduct a “fishing expedition” to find something that may support further relief under 28 U.S.C. § 2255. See id. Because Clark’s appeal is wholly without merit and thus frivolous, see Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983), his IFP motion is denied and his appeal is dismissed as frivolous. See 5 TH CIR
. R. 42.2.; Carvajal , 989 F.2d at 170. We warn Clark that the filing of frivolous appeals may result in the imposition of sanctions. These sanctions may include dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court and any court subject to this court’s jurisdiction. Clark should review any pending appeals to ensure that they are not frivolous. APPEAL DISMISSED; SANCTION WARNING ISSUED.
Exhibit 32.2

         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 Annual Report of Union Bankshares, Inc. (the
"Company") on Form 10-K for the period ended December 31, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned Chief Financial Officer of the Company hereby
certifies, pursuant to 18 U.S.C. [SECTION]1350, as adopted pursuant to
[SECTION]906 of the Sarbanes-Oxley Act of 2002, that, to the best of her
knowledge;  1) the Report fully complies with the requirements of Section
13(a) or 15(d) 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
as of and for the periods covered in the Report.

A signed original of this written statement required by Section 906 has
been provided to Union Bankshares, Inc. and will be retained by Union
Bankshares, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.



/s/ Marsha A. Mongeon
---------------------
Marsha A. Mongeon
Chief Financial Officer


March 30, 2006


<PAGE>  29
EXHIBIT 21.1
                   SUBSIDIARIES OF OMEGA FINANCIAL CORPORATION

Name of Subsidiary                            State or Jurisdiction  Trade Name
                                                 of Incorporation      (if any)
--------------------------------------------------------------------------------
Omega Bank, N.A.                                  United States          -
P.O. Box 298
State College, PA    16804

Hollidaysburg Trust Company                       Pennsylvania           -
224 Allegheny Street
Hollidaysburg, PA  16648

Penn Central National Bank                        United States          -
431 Penn Street
Huntingdon, PA  16652

Central Pennsylvania Investment Company           Delaware               -
1105 N. Market Street
Wilmington, DE 19899

Central Pennsylvania Life Insurance Company       Arizona                -
1421 E. Thomas Road
Phoenix, AZ  85014

Central Pennsylvania Leasing, Inc.                Pennsylvania           -

Central Pennsylvania Real Estate, Inc.            Pennsylvania           -
Editorial Note on Part 422
Editorial Note: Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

§ 422.103 Benefits under an MA MSA plan. ( a ) *General rule.* An MA organization offering an MA MSA plan must make available to an enrollee, or provide reimbursement for, at least the services described in § 422.101 after the enrollee incurs countable expenses equal to the amount of the plan's annual deductible.
( b ) *Countable expenses.* An MA organization offering an MA MSA plan must count toward the annual deductible at least all amounts that would be paid for the particular service under original Medicare, including amounts that would be paid by the enrollee as deductibles or coinsurance.
( c ) *Services after the deductible.* For services received by the enrollee after the annual deductible is satisfied, an MA organization offering an MA MSA plan must pay, at a minimum, the lesser of the following amounts: ( 1 ) 100 percent of the expense of the services.
( 2 ) 100 percent of the amounts that would have been paid for the services under original Medicare, including amounts that would be paid by the enrollee as deductibles and coinsurance.
( d ) *Annual deductible.* The annual deductible for an MA MSA plan— ( 1 ) For contract year 1999, may not exceed $6,000; and
( 2 ) For subsequent contract years may not exceed the deductible for the preceding contract year, increased by the national per capita growth percentage determined under § 422.306(a)(2).
( 3 ) Is pro-rated for enrollments occurring during a beneficiary's initial coverage election period as described at § 422.62(a)(1) of this part or during any other enrollments occurring after January 1.
( e ) All MA organizations offering MSA plans must provide enrollees with available information on the cost and quality of services in their service area, and submit to CMS for approval a proposed approach to providing such information.
[63 FR 35077, June 26, 1998, as amended at 70 FR 4720, Jan. 28, 2005; 70 FR 52026, Sept. 1, 2005; 74 FR 1541, Jan. 12, 2009; 75 FR 19805, Apr. 15, 2010]
§ 425.210 Application of agreement to ACO participants, ACO providers/suppliers, and others. ( a ) The ACO must provide a copy of its participation agreement with CMS to all ACO participants, ACO providers/suppliers, and other individuals and entities involved in ACO governance.
( b ) All contracts or arrangements between or among the ACO, ACO participants, ACO providers/suppliers, and other individuals or entities performing functions or services related to ACO activities must require compliance with the requirements and conditions of this part, including, but not limited to, those specified in the participation agreement with CMS.
Home2023 Certificates of Competency for Nominees to be Chiefs of Mission...FitzGibbon, Kathleen A.  – Republic of Niger – January 2023

# 									FitzGibbon, Kathleen A.  – Republic of Niger – January 2023							

Certificate of Competency

January 12, 2023

UNITED STATES SENATE

SUBJECT: Ambassadorial Nomination: Certificate ofDemonstrated Competence — Foreign ServiceAct, Section 304(a)(4)

POST: Republic of Niger

CANDIDATE: Kathleen A. FitzGibbon

Kathleen FitzGibbon is a career member of the Senior Foreign Service, class of Minister-Counselor. She most recently served as the Deputy Chief of Mission of the U.S. Embassy in Abuja, Nigeria. Prior to that, Ms. FitzGibbon was first the Division Chief, West and Southern Africa, and then the Director of the Office of Africa Analysis, Bureau of Intelligence and Research, U.S. Department of State, Washington, D.C. Her extensive experience in Africa includes service as the Deputy Chief of Mission of the U.S. Embassies in Sierra Leone and Gabon and as the chief of the Political and Economic section of the U.S. Embassy in Uganda. Her demonstrated skill as a leader, coupled with her over two decades of engagement on African issues in Washington and in the field, make her a well-qualified candidate for Ambassador to the Republic of Niger.

Among her other assignments, Ms. FitzGibbon served at the U.S. Embassy in Chad and had an earlier posting in Nigeria as well. She also worked in the Office to Combat and Monitor Trafficking in Persons in the State Department. Prior to joining the State Department, she was as a lecturer at Mary Washington College, Fredericksburg, Virginia.

Ms. FitzGibbon earned her bachelor’s degree from Hartwick College, Oneonta, New York in 1985 and a master’s degree from the University of California, Davis in 1988. She is the recipient of a Presidential Rank Award and multiple State Department performance awards, including James A. Baker Award for Outstanding Deputy Chief of Mission and the Hero of U.S. Diplomacy Award for leadership during the West Africa Ebola crisis. She speaks French.

## Related Articles

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Editorial Note on Part 414
Editorial Note: Nomenclature changes to part 414 appear at 60 FR 50442, Sept. 29, 1995, and 60 FR 53877, Oct. 18, 1995.

§ 414.224 Customized items. ( a ) *Criteria for a customized item.* To be considered a customized item for payment purposes under paragraph (b) of this section, a covered item (including a wheelchair) must be uniquely constructed or substantially modified for a specific beneficiary according to the description and orders of a physician and be so different from another item used for the same purpose that the two items cannot be grouped together for pricing purposes.
( b ) *Payment rule.* Payment is made on a lump sum basis for the purchase of a customized item based on the carrier's individual consideration and judgment of a reasonable payment amount for each customized item. The carrier's individual consideration takes into account written documentation on the costs of the item including at least the cost of labor and materials used in customizing an item.
[56 FR 65998, Dec. 20, 1991, as amended at 58 FR 34919, June 30, 1993]
# C_2005193EN.01002403.xml

| 6.8.2005 | EN | Official Journal of the European Union | C 193/24 |
| --- | --- | --- | --- |

6.8.2005

EN

Official Journal of the European Union

C 193/24

---

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 June 2005

in Case T-177/03 Andreas Strohm v Commission of the European Communities (1)

1

(Officials - Refusal of promotion to Grade A4 - Consideration of comparative merits - Duty to state grounds - Additional statement of grounds - Action for annulment and compensation - Admissibility)

(2005/C 193/39)

Language of the case: German

In Case T-177/03: Andreas Strohm, an official of the Commission of the European Communities, residing in Brussels (Belgium), represented by C. Illig, lawyer, against Commission of the European Communities (Agents: C. Berardis-Kayser, assisted by B. Wägenbaur, lawyer, with an address for service in Luxembourg) — application for annulment of the Commission's decision dated 14 August 2002, not to promote the applicant to Grade A4 in the 2002 procedure, and for compensation — the Court of First Instance (Fifth Chamber), composed of M. Vilaras, President, F. Dehousse and D. Šváby, Judges; C. Kristensen, Administrator, for the Registrar, gave a judgment on 2 June 2005, in which it:

| 1. | Annuls the Commission's decision, dated 14 August 2002, not to promote the applicant to Grade A4 in the 2002 promotion procedure; |
| --- | --- |

1.

Annuls the Commission's decision, dated 14 August 2002, not to promote the applicant to Grade A4 in the 2002 promotion procedure;

| 2. | Dismisses the application as inadmissible in so far as it seeks compensation for the applicant; |
| --- | --- |

2.

Dismisses the application as inadmissible in so far as it seeks compensation for the applicant;

| 3. | Orders the defendant to bear all the costs. |
| --- | --- |

3.

Orders the defendant to bear all the costs.

---

(1)  OJ C 200 of 20.8.2003.

1

---
[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Page 47550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22153]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Shasta County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Shasta County Resource Advisory Committee (RAC) will meet 
at the USDA Service Center in Redding, California, on September 24, 
2009, from 8:30 a.m. to 12 noon. The purpose of this meeting is to 
discuss the Shasta College monitoring program, the project progress 
report and the Western Shasta RCD proposal. A quorum is not expected in 
Group C.

DATES: Thursday, September 24, 2009 at 8:30 a.m.

ADDRESSES: The meeting will be held at the USDA Service Center, 3644 
Avtech Parkway, Redding, California 96002.

FOR FURTHER INFORMATION CONTACT: Resource Advisory Committee 
Coordinator John Heibel at (530) 226-2524 or <a href="/cdn-cgi/l/email-protection#81ebe9e4e8e3e4edc1e7f2afe7e4e5aff4f2"><span class="__cf_email__" data-cfemail="b5dfddd0dcd7d0d9f5d3c69bd3d0d19bc0c6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. Public 
input sessions will be provided and individuals will have the 
opportunity to address the Shasta County Resource Advisory Committee.

    Dated: September 8, 2009.
J. Sharon Heywood,
Forest Supervisor, Shasta-Trinity National Forest.
[FR Doc. E9-22153 Filed 9-15-09; 8:45 am]
BILLING CODE M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**Exhibit
32(b)**
 
  **TXU
US Holdings Company**
 **Certificate
Pursuant to Section 906**
 **of
Sarbanes - Oxley Act of 2002**
 **CERTIFICATION
OF CFO**
  The
undersigned, Kirk R. Oliver, Executive Vice President and Chief Financial
Officer of TXU US Holdings Company (the “Company”), DOES HEREBY CERTIFY
that:
  1.
    The
      Company’s Annual Report on Form 10-K for the year ended December 31, 2004
      (the “Report”) fully complies with the requirements of section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended; and
  2.
    Information
      contained in the Report fairly presents, in all material respects, the
      financial condition and results of operation of the
    Company.
  IN
WITNESS WHEREOF, the undersigned has caused this instrument to be executed this
31st day of March, 2005.
  
  
  /s/             
 Kirk R.
Oliver
 Name:   Kirk R. Oliver
 Title:  Executive
Vice President and
 Chief
Financial Officer
 
   
 
 A signed
original of this written statement required by Section 906 has been provided to
TXU US Holdings Company and will be retained by TXU US Holdings Company and
furnished to the Securities and Exchange Commission or its staff upon
request.
§ 433.151 Cooperative agreements and incentive payments—State plan requirements. For medical assistance furnished on or after October 1, 1984— ( a ) A State plan must provide for entering into written cooperative agreements for enforcement of rights to and collection of third party benefits with at least one of the following entities: The State title IV-D agency, any appropriate agency of any State, and appropriate courts and law enforcement officials. The agreements must be in accordance with the provisions of § 433.152.
( b ) A State plan must provide that the requirements for making incentive payments and for distributing third party collections specified in §§ 433.153 and 433.154 are met.
[50 FR 46665, Nov. 12, 1985; 50 FR 49389, Dec. 2, 1985]