alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 36

#### Editorial Note:

Nomenclature changes to part 36 appear at 61 FR 7217, Feb. 27, 1996, and 86 FR 51275, Sept. 15, 2021.

#### § 36.4702 Requirement to purchase flood insurance where available.

*In general.* The Secretary shall not make, increase, extend, or renew any designated loan unless the building or mobile home and any personal property securing the loan is covered by flood insurance for the term of the loan. The amount of insurance must be at least equal to the lesser of the outstanding principal balance of the designated loan or the maximum limit of coverage available for the particular type of property under the Act. Flood insurance coverage under the Act is limited to the overall value of the property securing the designated loan minus the value of the land on which the property is located.

(Authority: 42 U.S.C. 4012a)

[62 FR 5532, Feb. 6, 1997]
#### § 20.404 Rule 404. Time limit for response to appeal by another contesting party in a simultaneously contested claim.

A party to a simultaneously contested claim may file a brief, argument, or request for a different type of review under § 20.202(b) in answer to a Notice of Disagreement filed by another contesting party. Any such brief, argument, or request must be filed with the Board within 30 days from the date the content of the Notice of Disagreement is furnished as provided in § 20.403. Such content will be presumed to have been furnished on the date of the letter that accompanies the content.

(Authority: 38 U.S.C. 7105A(b)(1))
§ 20.1404 Rule 1404. Filing and pleading requirements; withdrawal. ( a ) *General.* A motion for revision of a decision based on clear and unmistakable error must be in writing, and must be signed by the moving party or that party's representative. The motion must include the name of the veteran; the name of the moving party if other than the veteran; the applicable Department of Veterans Affairs file number; and the date of the Board of Veterans' Appeals decision to which the motion relates. If the applicable decision involved more than one issue on appeal, the motion must identify the specific issue, or issues, to which the motion pertains. Motions which fail to comply with the requirements set forth in this paragraph shall be dismissed without prejudice to refiling under this subpart.
( b ) *Specific allegations required.* The motion must set forth clearly and specifically the alleged clear and unmistakable error, or errors, of fact or law in the Board decision, the legal or factual basis for such allegations, and why the result would have been manifestly different but for the alleged error. Non-specific allegations of failure to follow regulations or failure to give due process, or any other general, non-specific allegations of error, are insufficient to satisfy the requirement of the previous sentence. Motions which fail to comply with the requirements set forth in this paragraph shall be dismissed without prejudice to refiling under this subpart.
( c ) *Filing.* A motion for revision of a decision based on clear and unmistakable error may be filed at any time. Such motions should be filed at the following address: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
( d ) *Requests not filed at the Board.* A request for revision transmitted to the Board by the Secretary pursuant to 38 U.S.C. 7111(f) (relating to requests for revision filed with the Secretary other than at the Board) shall be treated as if a motion had been filed pursuant to paragraph (c) of this section.
( e ) *Motions for reconsideration.* A motion for reconsideration, as described in subpart K of this part, whenever filed, will not be considered a motion under this subpart.
( f ) *Withdrawal.* A motion under this subpart may be withdrawn at any time before the Board promulgates a decision on the motion. Such withdrawal shall be in writing, shall be filed at the address listed in paragraph (c) of this section, and shall be signed by the moving party or by such party's representative. If such a writing is timely received, the motion shall be dismissed without prejudice to refiling under this subpart.
(Authority: 38 U.S.C. 501(a), 7111)
[64 FR 2139, Jan. 13, 1999, as amended at 66 FR 35903, July 10, 2001; 81 FR 32650, May 24, 2016; 84 FR 192, Jan. 18, 2019]
###### Editorial Note on Part 3

#### Editorial Note:

Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002.

#### § 3.357 Civil service preference ratings.

For the purpose of certifying civil service disability preference only, a service-connected disability may be assigned an evaluation of “less than ten percent.” Any directly or presumptively service-connected disease or injury which exhibits some extent of actual impairment may be held to exist at the level of less than ten percent. For disabilities incurred in combat, however, no actual impairment is required.

[58 FR 52018, Oct. 6, 1993]
§ 93.503 Grounds for granting a hearing request. ( a ) The ALJ must grant a respondent's hearing request if the ALJ determines there is a genuine dispute over facts material to the findings of research misconduct or proposed administrative actions, including any debarment or suspension action. The respondent's general denial or assertion of error for each finding of research misconduct, and any basis for the finding, or for the proposed HHS administrative actions in the charge letter, is not sufficient to establish a genuine dispute.
( b ) The hearing request must specifically deny each finding of research misconduct in the charge letter, each basis for the finding and each HHS administrative action in the charge letter, or it is considered an admission by the respondent. If the hearing request does not specifically dispute the HHS administrative actions, including any debarment or suspension actions, they are considered accepted by the respondent.
( c ) If the respondent does not request a hearing within the 30-day time period prescribed in § 93.501(a), the finding(s) and any administrative action(s), other than debarment or suspension actions, become final agency actions at the expiration of the 30-day period. Where there is a proposal for debarment or suspension, after the expiration of the 30-day time period the official record is closed and forwarded to the debarring official for a final decision.
( d ) If the ALJ grants the hearing request, the respondent may waive the opportunity for any in-person proceeding, and the ALJ may review and decide the case on the basis of the administrative record. The ALJ may grant a respondent's request that waiver of the in-person proceeding be conditioned upon the opportunity for respondent to file additional pleadings and documentation. ORI may also supplement the administrative record through pleadings, documents, in-person or telephonic testimony, and oral presentations.
§ 17.527 Eligibility. ( a ) *General.* An individual must meet the following requirements to be eligible to participate in the SELRP: ( 1 ) Will be eligible for appointment under 38 U.S.C. 7401 to work as a physician in a medical specialty for which VA determines that recruitment or retention of qualified personnel is difficult. In determining staffing needs, VA will consider the anticipated needs of VA for a period of two to six years in the future. VA will publish these vacancies in a notice in the Federal Register on a yearly basis until vacancies are filled.
( 2 ) Owes any amount of principal or interest for an educational loan where the proceeds were used by or on behalf of the individual to pay costs relating to a course of medical education or training that leads to employment as a physician and;
( 3 ) Is: ( i ) Recently graduated from an accredited medical or osteopathic school and matched to an accredited residency program in a medical specialty designated by VA; or
( ii ) A physician in training with more than 2 years remaining in such training.
( b ) *Applicants without a residency match.* An applicant may apply for the SELRP before receiving a residency match during the applicant's senior year of medical or osteopathic school. Once the applicant is matched with a residency specialty stated in § 17.525 and upon selection of the SELRP, VA must offer the applicant participation in the SELRP no later than 28 days after: ( 1 ) The applicant is matched with the residency; and
( 2 ) VA has published the residency in a Notice in the Federal Register. Such notices are published on a yearly basis until vacancies are filled.
( c ) *Preferences.* VA will give preference to eligible participants who: ( 1 ) Are, or will be, participating in residency programs in health care facilities that are: ( i ) Located in rural areas;
( ii ) Operated by Indian tribes, tribal organizations, or the Indian Health Services; or
( iii ) Are affiliated with underserved health care facilities of VA; or
( 2 ) Veterans.
#### § 21.9745 Reporting fee.

In determining the amount of the reporting fee payable to institutions of higher learning for furnishing required reports, VA will apply the provisions of § 21.4206 in the same manner as they are applied in the administration of 38 U.S.C. chapter 36.

(Authority: 38 U.S.C. 3034(a), 3323(a), 3684)
<PAGE>
                                 EXHIBIT 32(II)

                               COMM BANCORP, INC.

                             CERTIFICATE PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Scott A. Seasock, the Executive Vice President and Chief Financial Officer of
Comm Bancorp, Inc., (the "Company"), hereby certifies that to the best of his
knowledge:

1.   The Quarterly Report on Form 10-Q for the quarter ended June 30, 2005, of
     the Company (the "Report") fully complies with the requirements of section
     13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 (15
     U.S.C. 78m or 78o(d)); and

2.   The information contained in the Report fairly presents, in all material
     respects, the financial condition and result of operations of the Company
     at the dates and for the periods indicated.

The foregoing certification is being furnished pursuant to 18 U.S.C. Section
1350 and is not being filed as part of the Report or as a separate disclosure
document.


Date: August 10, 2005                   /s/ Scott A. Seasock
                                        ----------------------------------------
                                        Scott A. Seasock
                                        Executive Vice President and
                                        Chief Financial Officer

A signed copy of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.


                                       54
# Official Journal C 422I/2018

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 422I |
| | |
| English edition | Information and Notices | Volume 6122 November 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 422I

English edition

Information and Notices

Volume 6122 November 2018

---

| Contents | page |
| --- | --- |
| | V   Announcements |
| | OTHER ACTS |
| | European Commission |
| 2018/C 422 I/01 | Notice for the attention of HAJJI 'ABD AL-NASIR whose name was added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations, by virtue of Commission Implementing Regulation (EU) 2018/1809 | 1 |

Contents

page

V   Announcements

OTHER ACTS

European Commission

2018/C 422 I/01

Notice for the attention of HAJJI 'ABD AL-NASIR whose name was added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations, by virtue of Commission Implementing Regulation (EU) 2018/1809

1

---

| EN | |
| --- | --- |

EN
|   |   |                                                 |
|--------|--------|------------------------------------------------------|
|   |   |                                                 |   |
|   |   | /s/ Richard G. Hickson IV                       |   |
|   |   | Richard G. Hickson IV (*)                            |   |
|   |   | Executive Vice President and Chief Financial Officer |   |
|   |   |  November 8, 2011                               |   |

| * | A signed original of this written statement required by Section 906 has been provided to Parkway Properties, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request. |
|---|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
###### Editorial Note on Part 36

#### Editorial Note:

Nomenclature changes to part 36 appear at 61 FR 7217, Feb. 27, 1996, and 86 FR 51275, Sept. 15, 2021.

#### § 36.4319 Servicer loss-mitigation options and incentives.

(a) The Secretary will pay a servicer in tiers one, two, or three an incentive payment for each of the following successful loss-mitigation options or alternatives to foreclosure completed: repayment plans, special forbearances, loan modifications, short sales, and deeds-in-lieu of foreclosure. Only one incentive payment will be made with respect to any default required to be reported to the Secretary pursuant to § 36.4317(c). No incentive payment will be made to a servicer in tier four. The options and alternatives are listed in paragraph (b) of this section from top to bottom in their preferred order of consideration (*i.e.*, a hierarchy for review), but VA recognizes that individual circumstances may lead to “out of the ordinary” considerations.

(b) The amount of the incentive payment is as follows:

| Tier ranking | One | Two | Three | Four |
| --- | --- | --- | --- | --- |
| Repayment Plan | $200 | $160 | $120 | $0 |
| Special Forbearance | 200 | 160 | 120 | 0 |
| Loan Modification | 700 | 500 | 300 | 0 |
| Short Sale | 1,000 | 800 | 600 | 0 |
| Deed in Lieu of Foreclosure | 350 | 250 | 150 | 0 |

(c) For purposes of this section, a loss-mitigation option or alternative to foreclosure will be deemed successfully completed as follows:

(1) With respect to a repayment plan (as defined in § 36.4301), when the loan reinstates;

(2) With respect to special forbearance (as defined in § 36.4301), when the loan reinstates. If a repayment plan is developed at the end of the forbearance period, then the special forbearance is not eligible for an incentive payment, although the subsequent repayment plan may be eligible upon loan reinstatement;

(3) With respect to a loan modification, when the modification is executed and the loan reinstates;

(4) With respect to a short sale, when the claim under guaranty is filed; or

(5) With respect to a deed-in-lieu of foreclosure, when the claim under guaranty is filed.

(d) Incentive payments with respect to repayment plans, special forbearances and loan modifications shall be made no less frequently than monthly. For all other successful loss-mitigation options, incentives shall be paid in the final claim payment.

(e) The Secretary shall reserve the right to stop an incentive payment to a servicer if the servicer fails to perform adequate servicing.

(The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0021)

(Authority: 38 U.S.C. 3703(c), 3720, 3722)

[73 FR 6310, Feb. 1, 2008. Redesignated at 75 FR 33705, June 15, 2010, as amended at 75 FR 65238, Oct. 22, 2010; 89 FR 25144, Apr. 10, 2024]
§ 17.65 Approvals and provisional approvals of community residential care facilities. ( a ) An approval of a facility meeting all of the standards in 38 CFR 17.63 based on the report of a VA inspection and any findings of necessary interim monitoring of the facility shall be for a 12-month period.
( b ) The approving official, based on the report of a VA inspection and on any findings of necessary interim monitoring of the facility, may provide a community residential care facility with a provisional approval if that facility does not meet one or more of the standards in 38 CFR 17.63, provided that the deficiencies do not jeopardize the health or safety of the residents, and that the facility management and VA agree to a plan of correcting the deficiencies in a specified amount of time. A provisional approval shall not be for more than 12 months and shall not be for more time than VA determines is reasonable for correcting the specific deficiencies.
( c ) An approval may be changed to a provisional approval or terminated under the provisions of §§ 17.66 through 17.71 because of a subsequent failure to meet the standards of § 17.63 and a provisional approval may be terminated under the provisions of §§ 17.66 through 17.71 based on failure to meet the plan of correction or failure otherwise to meet the standards of § 17.63.
( d ) ( 1 ) VA may waive one or more of the standards in 38 CFR 17.63 for the approval of a particular community residential care facility, provided that a VA safety expert certifies that the deficiency does not endanger the life or safety of the residents; the deficiency cannot be corrected as provided in paragraph (b) of this section for provisional approval of the community residential care facility; and granting the waiver is in the best interests of the veteran in the facility and VA's community residential care program. In order to reach the above determinations, the VA safety expert may request supporting documentation from the community residential care facility.
( 2 ) In those instances where a waiver is granted, the subject standard is deemed to have been met for purposes of approval of the community residential care facility under paragraphs (a) or (b) of this section. The waiver and date of issuance will be noted on each annual survey of the facility as long as the waiver remains valid and in place.
( 3 ) A waiver issued under this section remains valid so long as the community residential care facility operates continuously under this program without a break. VA may, on the recommendation of an approving official, rescind a waiver issued under this section if a VA inspector determines that there has been a change in circumstances and that the deficiency can now be corrected, or a VA safety expert finds that the deficiency jeopardizes the health and safety of residents.
[74 FR 63308, Dec. 3, 2009, as amended at 78 FR 32126, May 29, 2013]
#### §§ 20.716-20.799 [Reserved]
41470.

#### HOLDEN v. CTC FINANCE CORPORATION.

Pannell, Judge.

1. Pursuant to the ruling of the Supreme Court in this case *(CTC Finance Corp. v. Holden,*221 Ga. *319809 (147 SE2d 427)), holding unconstitutional the Act of 1959 (Ga. L. 1959, pp. 353, 354) purporting, in the title, to amend *Code*§ 6-1608, the judgment of this court vacating the grant of the new trial and remanding the case to the trial court with directions that the ground or grounds for the grant of the motion for new trial be stated in accordance with said Act of 1959 is hereby vacated and set aside.

Decided March 16, 1966.

*Ray Gary, Vernon W. Duncan,*for plaintiff in error.

*Grant, Spears & Duckworth, William G. Grant,*contra.

2. The present case being the first grant of a motion for new trial and the order granting it not disclosing on what ground or grounds it was granted, and it not appearing that the verdict was demanded by the evidence or that the trial judge abused his discretion, the first grant of a new trial will not be disturbed by this court. *Code*§ 6-1608.

*Judgment affirmed.*

*Nichols, P. J., and Eberhardt, J., concur.*
#### THURSTON NATIONAL INSURANCE COMPANY *v.*Darrell K. HAYS and Joann HAYS

76-211

544 S.W. 2d 853

Opinion delivered January 10, 1977 (Division II)

Putman, *Davis &*Bassett, for appellant.

*Creekmore & Harriman,*for appellees.

Darrell Hickman, Justice.

On April 15, 1975 the *856Appellees signed an Offer and Acceptance Agreement to purchase two houses for a total of $20,000.00. The Offer was accepted on the same date. The Appellees made a down payment of $150.00, and the balance was to be paid in cash. The Agreement was silent as to the date the property was to be transferred. The Offer and Acceptance Agreement contained a clause that the risk of loss until the closing date was assumed by the seller. On April 23rd the Appellees purchased from the Appellant fire and extended insurance coverage on each house in the amount of $11,000.00. On April 30th one of the houses burned to the ground. The Appellant declined to pay the claim.

The sole issue submitted to the Court, by stipulation, was whether or not the Appellees had an “insurable interest” in the property at the time of the fire. The lower court held that the Appellees did have an insurable interest and awarded judgment in the sum of $10,950.00, plus 12% statutory penalty and $4,000.00 attorney’s fee.

The Appellant contends that the Appellee did not have an insurable interest at the time of the loss and that the $4,-000.00 attorney’s fee was excessive and should be reduced.

An insurable interest has been defined in Arkansas by the Legislature in Ark. Stat. Ann. § 66-3205 (2) (Repl. 1966).

> “Insurable interest” as used in this section means any actual, lawful, and substantial economic interest in the safety of [or] preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.

It is undisputed that the Appellees paid $150.00 towards the purchase price of the property. Also, the Appellees had, on its face, a legal, enforceable contract.

The record contains no evidence that the Appellees made a material misrepresentation to the Appellant insurance company.

In the case of *Briscoe*v. *National Union Fire Insurance Com*
      *857
      *pany,*248 Ark. 220, 451 S.W. 2d 205 (1970), the Court ruled on a similar problem and held that the insurance company was not liable. However, in the *Briscoe*case, there was a finding that the claimant suffered no actual loss of cash or property.

The Arkansas Statutes clearly state that an insurable interest means any actual, lawful, and substantial economic interest in the property.

In the absence of misrepresentation or fraud, and based on the facts that are recited, the Appellees clearly had an insurable interest.

The attorney’s fee is approximately one third of the amount of the judgment and is found to be reasonable. No additional fee will be allowed on appeal.

Affirmed.

We agree: Harris, C.J., and Fogleman and Roy, JJ.