alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### LICHTY v BD of EDUCATION OF CRANE TOWNSHIP

Ohio Appeals, 3rd Dist, Paulding Co

Decided July 26, 1929

T. T. Shaw, Defiance, and S. S. Beard, Paulding, for Lichty.

Mervin Day, Paulding, for Bd of Education.

JUSTICE, J.

The demurrer presented two questions: first, the sufficiency of the resolution; second, the constitutionality of 7749-1 GC. Of these in their order.

The resolution was adopted under and by virtue of 7749-1 GC.

It will be observed that- the resolution alludes to the Paulding County Board of Education and the Crane Township Board of Education. Strictly speaking, no such boards are known in law. The resolution, however, was passed by the Board of Education of the Paulding County School Districa and was served on the Board of Education of the Crane Township Rural School District. Manifestly, the resolution refers to these boards. It will also be observed that the resolution does not declare in terms that the Board of Education of Crane Township Rural School District shall furnish transportation. However, the county board, by passing said resolution and causing it to be served upon the defendant, did in fact so announce and declare. A substantial compliance, rather than a technical one by the county board, with the provisions of said statute, is all that the law requires. Hence, it follows that the objections to the sufficiency of the resolution are. not tenable.

Coming now to the second question, that is to say, the constitutionality of said 7749-1 GC. The court below held said Section unconstitutional for that, as it concluded, the legislature had delegated therein to the County Board of Education, legislative power. With this conclusion we are not in accord.

We quote from Lewis’ Sutherland Statutory Construction, Second Edition, Volume 1, page 148, Section 88:

> “The true distinction is between the delegation of power to make the law, which involves a discretion as to what the law shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance'of the law. The first cannot be done; to the latter no valid objection can be made.”

*598C. W. & Z. Railroad Company vs. Commissioners of Clinton County, 1 OS. 77, page 87.

In State v Messenger, 63 OS. 398, Justice Minshall quotes from Agnew, J., in Locke’s Appeal, 72 Penn. St. 491.

Board of Health v. Greenville, 86 OS. 1, page 20.

This court is, of course, bound by the pronouncements of our Supreme Court, and, in the light of these authorities, we are unanimously of the opinion that said Section 7749-1, GC, is constitutional.

It would seem that further comment will serve no useful purpose. Clearly, the petition does state a cause of action. Hence the court below erred in sustaining the demurrer and entering judgment for the defendant.

Entertaining these views, it follows that the judgment of the court below; should be reversed.

Before Judges Hughes, Justice and Crow.
[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Notices]
[Page 30409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12003]


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

FEDERAL COMMUNICATIONS COMMISSION


Sunshine Act Meeting; Closed Commission Meeting, Monday, May 15, 
2000

May 8, 2000.
    The Federal Communications Commission will hold a Closed Meeting on 
the subject listed below on Monday, May 15, 2000, following the Open 
Meeting, which is scheduled to commence at 9:30 a.m., in Room TW-C305, 
at 445 12th Street, SW., Washington, DC.

Item No., Bureau, and Subject

1--Enforcement--Title: Report on Pending Common Carrier 
Investigations.

    Summary: The Enforcement Bureau will report to the Commission on 
several pending common carrier investigations.

    This item is closed to the public because it concerns investigatory 
matters. (See 47 CFR Sec. 0.603(g)).
    The following persons are expected to attend: Commissioners and 
their Assistants, Managing Director, The Secretary, Enforcement Bureau 
Chief and members of his staff, General Counsel and members of his 
staff, Common Carrier Bureau Chief and members of his staff.
    Action by the Commission May 8, 2000. Commissioners, Kennard, 
Chairman; Ness, Furchtgott-Roth, Powell and Tristanti voting to 
consider these matters in Closed Session.
    Additional information concerning this meeting may be obtained from 
Maureen Peratino or David Fiske, Office of Media Relations, telephone 
number (202) 418-0500; TTY (202) 418-2555.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-12003 Filed 5-9-00; 2:18 pm]
BILLING CODE 6712-01-M
§ 372.21 Solicitation. Solicitation of charter participants through advertising by charter operators shall be restricted to the following: ( a ) Radio and television stations operated by the U.S. Armed Forces;
( b ) Newspapers, periodicals, or other printed media disseminated and distributed primarily among military personnel or civilian employees of the Department of Defense: *Provided, however,* That any printed advertisement of a charter operator shall include a statement explaining that eligibility for participation in such charters is limited to military servicemen who are stationed outside of the 48 contiguous States and the District of Columbia, and/or U.S. citizen civilian DOD employees who are stationed in a foreign country, or a U.S. territory or possession, where U.S. military personnel are stationed, and their respective immediate families.
§ 65.61 Aircraft dispatcher certification courses: Content and minimum hours. ( a ) An approved aircraft dispatcher certification course must: ( 1 ) Provide instruction in the areas of knowledge and topics listed in appendix A of this part;
( 2 ) Include a minimum of 200 hours of instruction.
( b ) An applicant for approval of an aircraft dispatcher course must submit an outline that describes the major topics and subtopics to be covered and the number of hours proposed for each.
( c ) Additional subject headings for an aircraft dispatcher certification course may also be included, however the hours proposed for any subjects not listed in appendix A of this part must be in addition to the minimum 200 course hours required in paragraph (a) of this section.
( d ) For the purpose of completing an approved course, a student may substitute previous experience or training for a portion of the minimum 200 hours of training. The course operator determines the number of hours of credit based on an evaluation of the experience or training to determine if it is comparable to portions of the approved course curriculum. The credit allowed, including the total hours and the basis for it, must be placed in the student's record required by § 65.70(a) of this part.
§ 375.38 Other foreign civil aircraft: Small unmanned aircraft operated exclusively as model aircraft. Foreign civil aircraft that are small unmanned aircraft used exclusively as model aircraft may be operated in the United States only when the individual: ( a ) Completes the registration process in accordance with §§ 48.30, 48.100(b) and (c), 48.105, and 48.115 of this title;
( b ) Identifies the aircraft in accordance with the aircraft marking requirements in §§ 48.200 and 48.205 of this title; and
( c ) Complies with the requirements of Sec. 336 of Pub. L. 112-95 (Feb. 14, 2012).
[80 FR 78648, Dec. 16, 2015]
§ 406.121 Extension of time. Before an appeal is filed with the FAA decisionmaker, the parties may seek an extension of time as follows: ( a ) *Extension of time by agreement of the parties.* The parties may agree to extend for a reasonable period of time for filing a document under this subpart with the agreement of the administrative law judge. The party seeking the extension of time must submit a draft order to the administrative law judge for signature, file it with the Federal Docket Management System, and serve it on each party.
( b ) *Motion for extension of time.* If the parties do not agree to an extension of time for filing a document, a party desiring an extension may file with the Federal Docket Management System and serve a written motion for an extension of time not later than 7 days before the document is due unless good cause for the late filing is shown. The administrative law judge may grant the extension of time if good cause for the extension is shown.
( c ) *Failure to rule.* If the administrative law judge fails to rule on a written motion for an extension of time by the date the document is due, the motion for an extension of time is granted for no more than 20 days after the original date the document was to be filed.
[Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68476, Dec. 5, 2007]
# AGENCY:

Environmental Protection Aency. 

# ACTION:

Notice of proposed settlement; request for public comment. 

# SUMMARY:

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past and projected future response costs concerning the Bates Mill Superfund Site in Lewiston, Maine with the following settling party: Globaltex, LLC, d/b/a Bates of Maine. The settlement requires the settling party to pay $10,000 to the Hazardous Substance Superfund plus an additional sum for interest on that amount calculated from April 29, 1999 through the date of payment. The settlement includes a covenant not to sue the settling party pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). For thirty (30) days following the date of publication of this document, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate.

The Agency's response to any comments received will be available for public inspection at One Congress Street, Boston, MA 02214-2023. 

# DATES:

Comments must be submitted on or before February 22, 2000. 

# ADDRESSES:

Comments should be addressed to the Regional Hearing Clerk, U.S. Environmental Protection Agency, Region I, One Congress Street, Suite 1100, Mailcode RAA, Boston, Massachusetts 02203 and should refer to: In re: Bates Mill Superfund Site, U.S. EPA Docket No. I-99-0044. 

# FOR FURTHER INFORMATION CONTACT:

A copy of the proposed settlement may be obtained from Kathleen Woodward, U.S. Environmental Protection Agency, Region I, Office of Environmental Stewardship, One Congress Street, Suite 1100, Mailcode SES, Boston, MA 02114-2023.

Dated: December 15, 1999.

Dennis Huebner,

Acting Director, Office of Site Remediation & Restoration.

[FR Doc. 00-1209 Filed 1-19-00; 8:45 am]

BILLING CODE 6560-50-M
§ 67.311 Cardiovascular. Cardiovascular standards for a third-class airman medical certificate are no established medical history or clinical diagnosis of any of the following: ( a ) Myocardial infarction;
( b ) Angina pectoris;
( c ) Coronary heart disease that has required treatment or, if untreated, that has been symptomatic or clinically significant;
( d ) Cardiac valve replacement;
( e ) Permanent cardiac pacemaker implantation; or
( f ) Heart replacement.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6075

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TROY RAYNARD ALEXANDER,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at 

Greensboro. Catherine C. Eagles, District Judge. (1:15-cr-00103-CCE; 1:20-cv-00567-

CCE-LPA)

Submitted: January 31, 2023 Decided: June 1, 2023

Before DIAZ, HARRIS, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Troy Raynard Alexander, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-6075 Doc: 13 Filed: 06/01/2023 Pg: 1 of 2
2

PER CURIAM:

Troy Raynard Alexander seeks to appeal the district court’s orders denying relief on 

his 28 U.S.C. § 2255 motion and his subsequent motion under Fed. R. Civ. P. 59(e). The 

orders are not appealable unless a circuit justice or judge issues a certificate of 

appealability. See 28 U.S.C. § 2253(c)(1)(B). A certificate of appealability will not issue 

absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. 

§ 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this 

standard by demonstrating that reasonable jurists could find the district court’s assessment 

of the constitutional claims debatable or wrong. See Buck v. Davis, 137 S. Ct. 759, 773-74 

(2017). When the district court denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is debatable and that the motion

states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler, 565 U.S. 

134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). 

We have independently reviewed the record and conclude that Alexander has not 

made the requisite showing. Accordingly, we deny a certificate of appealability and 

dismiss the appeal. We dispense with oral argument because the facts and legal contentions 

are adequately presented in the materials before this court and argument would not aid the 

decisional process. 

DISMISSED

USCA4 Appeal: 22-6075 Doc: 13 Filed: 06/01/2023 Pg: 2 of 2
[No. 20295-0-III.

Division Three.

November 12, 2002.]

#### The State of Washington, *Respondent,*v. Perry D. Lowe, *Appellant.*

Appeal from a judgment of the Superior Court for Spokane County, No. 00-1-02835-1, Linda G. Tompkins, J., entered June 20, 2001. *Affirmed*by unpublished opinion per Schultheis, J., concurred in by Brown, C.J., and Kato, J.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 22
- 00251
- CR

Jose Luis Regalado , Appellant

v. The State of Texas , Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2020
- 874 , THE HONORABLE R. BRUCE BOYER , JUDGE PRESIDING

O R D E R A N D M E M O R A N D U M O P I N I O N
PER CURIAM Jose Luis Regalado was charged with two counts of the second

- degree felony offense of indecency with a child by contact

. See Tex. Penal Code § 21.11(d). Dur ing trial, Regalado pleaded not gu i lty to both charges. At the conc lusion of the trial, the jury found Regalado guilty on b oth counts as charge d

. After his convictions, the district court issued its

c ertification of Regalad o ’ s right of appeal with check ma rks n ext to the boxes certifying that this

case “ is a plea

- bargain case, and the defendant has NO right of appeal ” and that “ the defendant has waived the right of appeal. ” When determining whether an appellant in a criminal case has the right to appeal, we examine the trial court ’ s cer t ification for defectiveness, defined as “ a certification which is correct in form but which, when compared to the record before the court, proves to be inaccurate. ” Dears v. State , 154 S.W.3d 610, 614 (Tex. Crim. App. 2005). If the certification2 appears to be defec tive, we must obtain a correct certification. Id. at 614

- 15. Based on the record before this Court, the district court ’ s certification signed on April 25, 2022 , appears to be incorr ect. See id. at 614

. Accordingly, we abate th e appeal and r emand the case to the district court to issue a new certification

. See Tex. R. App. P. 37.1 (requiring appellate court to notify parties if there
appea rs to be defect in certification); Dears , 154 S.W.3d at 614 (stating that appellate courts have authori t y under Rules of Appellate Procedure “ to obtain another certification, whenever appropriate ” )

. The district court clerk is instructed to forward to this Court a supplemental clerk ’ s record containing th e new certificati on no later than September 19 , 20 22

. See Tex. R. App. P. 34.5(c)(2). It is ordered on August 1 8 , 2022

.

Before Chief Justice Byrne, Justices Triana a nd Smith Abated and R emanded Filed: August 18, 2022 Do Not Publish
UNITED STATES DISTRICT COURT 

DISTRICT OF PUERTO RICO 

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PR, as 

representative of the COMMONWEALTH

OF PR et. al.

Debtors

PROMESA

Title III

No. 17 BK 3283-LTS

(jointly administered) 

MOTION ABOUT NOTICE OF ABSENCE

TO THE HONORABLE COURT 

The undersigned attorney respectfully appears and prays: 

The subscribing attorney has entered his appearance in representation of creditor Maria 

E. Alonso-Fuentes. 

Please take notice that the undersigned will be away with his family on vacation outside 

of Puerto Rico since May 20, 2018, returning to his law office on May 31, 2018.

RESPECTFULLY SUBMITTED 

San Juan, Puerto Rico, May 16, 2018

I certify that on this same date I filed the foregoing by uploading to the CM/ECF System, 

which will send automatic notices to the parties and/or attorneys of record 

S/ JORGE LUIS GUERRERO-CALDERÓN 

JORGE LUIS GUERRERO-CALDERÓN

USDC-PR 116806

Attorney for Creditor 

Maria E. Alonso-Fuentes 

301 Calle Recinto Sur, Suite 502

San Juan, Puerto Rico 00901-1945

tuttieguerrero@yahoo.com

(787) 723-3355 fax (787) 721-2126

Case:17-03283-LTS Doc#:3072 Filed:05/16/18 Entered:05/16/18 14:57:44 Desc: Main

Document Page 1 of 1
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Corporation for National and Community Service

# AGENCY:

                        Corporation for National and Community Service.                               ( print page 30573)    

# ACTION:

Notice of change in application deadline. 

# SUMMARY:

                        The Corporation for National and Community Service has extended the deadline for applications under our notice of availability of funds published in the                         **Federal Register**                         on April 28, 2000 (65 FR 24920). The funds will support grants under the AmeriCorps*State Competitive, AmeriCorps*National, and Learn and Serve America K-12 School-based programs, to eligible organizations to help overcome the digital divide. The new deadline for applications is July 25, 2000. In addition, if you intend to submit an application, please send us a notice of intent by June 26, 2000. A notice of intent to submit is not required, but is helpful to us for planning purposes.                     

# FOR FURTHER INFORMATION CONTACT:

For further information, or to obtain an application, contact Maria Diaz at (202) 606-5000, ext. 372. 

Dated: May 8, 2000. 

Gary Kowalczyk, 

Coordinator, National Service Programs, Corporation for National and Community Service. 

[FR Doc. 00-11962 Filed 5-11-00; 8:45 am] 

BILLING CODE 6050-28-P
PUBLIC LAW 113–119—JUNE 9, 2014 128 STAT. 1185 

Public Law 113–119 

113th Congress 

An Act 

To make a technical amendment to the T’uf Shur Bien Preservation Trust Area 

Act, and for other purposes. 

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 ‘‘Sandia Pueblo Settlement Technical Amendment Act’’. 

SEC. 2. SANDIA PUEBLO SETTLEMENT TECHNICAL AMENDMENT. 

Section 413(b) of the T’uf Shur Bien Preservation Trust Area 

Act (16 U.S.C. 539m–11(b)) is amended— 

(1) in the first sentence of paragraph (4), by striking 

‘‘conveyance’’ and inserting ‘‘title to be conveyed’’; and 

(2) by adding at the end the following: 

‘‘(6) FAILURE TO EXCHANGE.— 

‘‘(A) IN GENERAL.—If the land exchange authorized 

under paragraph (1) is not completed by the date that 

is 30 days after the date of enactment of this paragraph, 

the Secretary, on request of the Pueblo and the Secretary 

of the Interior, shall transfer the National Forest land 

generally depicted as ‘Land to be Held in Trust’ on the 

map entitled ‘Sandia Pueblo Settlement Technical Amendment Act’ and dated October 18, 2013, to the Secretary 

of the Interior to be held in trust by the United States 

for the Pueblo— 

‘‘(i) subject to the restriction enforced by the Secretary of the Interior that the land remain undeveloped, with the natural characteristics of the land to 

be preserved in perpetuity; and 

‘‘(ii) consistent with subsection (c). 

‘‘(B) OTHER TRANSFERS.—After the transfer under 

subparagraph (A) is complete, the Secretary of the Interior, 

with the consent of the Pueblo, shall— 

‘‘(i) transfer to the Secretary, consistent with section 411(c)— 

‘‘(I) the La Luz tract generally depicted on 

the map entitled ‘Sandia Pueblo Settlement Technical Amendment Act’ and dated October 18, 2013; 

and 

‘‘(II) the conservation easement for the Piedra 

Lisa tract generally depicted on the map entitled 

‘Sandia Pueblo Settlement Technical Amendment 

Act’ and dated October 18, 2013; and 

Deadline. 

Public lands. 

16 USC 539m 

note. 

Sandia Pueblo 

Settlement 

Technical 

Amendment Act. 

June 9, 2014 

[S. 611] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
128 STAT. 1186 PUBLIC LAW 113–119—JUNE 9, 2014 

LEGISLATIVE HISTORY—S. 611 (H.R. 3605): 

HOUSE REPORTS: No. 113–396 (Comm. on Natural Resources) accompanying 

H.R. 3605. 

SENATE REPORTS: No. 113–136 (Comm. on Indian Affairs). 

CONGRESSIONAL RECORD, Vol. 160 (2014): 

Mar. 12, considered and passed Senate. 

May 28, considered and passed House. 

Æ 

‘‘(ii) grant to the Secretary a right-of-way for the 

Piedra Lisa Trail within the Piedra Lisa tract generally 

depicted on the map entitled ‘Sandia Pueblo Settlement 

Technical Amendment Act’ and dated October 18, 

2013.’’. 

Approved June 9, 2014. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
§ 5.21 Safety policy. ( a ) Any person required to have an SMS under this part must have a safety policy that includes at least the following: ( 1 ) The person's safety objectives.
( 2 ) The person's commitment to fulfill the safety objectives.
( 3 ) A clear statement about the provision of the necessary resources for the implementation of the SMS.
( 4 ) A safety reporting policy that defines requirements for employee reporting of safety hazards or issues.
( 5 ) A policy that defines unacceptable behavior and conditions for disciplinary action.
( 6 ) An emergency response plan that provides for the safe transition from normal to emergency operations in accordance with the requirements of § 5.27.
( 7 ) A code of ethics that is applicable to all employees, including management personnel and officers, which clarifies that safety is the organization's highest priority.
( b ) The safety policy must be signed by the accountable executive described in § 5.25.
( c ) The safety policy must be documented and communicated throughout the person's organization.
( d ) The safety policy must be regularly reviewed by the accountable executive to ensure it remains relevant and appropriate to the person.
[Doc. No. FAA-2009-0671, Amdt. 5-1, 80 FR 1326, Jan. 8, 2015, as amended by Amdt. 5-2, 89 FR 33106, Apr. 26, 2024]