alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 15.105 Information to the user. ( a ) For a Class A digital device or peripheral, the instructions furnished the user shall include the following or similar statement, placed in a prominent location in the text of the manual: Note:
This equipment has been tested and found to comply with the limits for a Class A digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference when the equipment is operated in a commercial environment. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instruction manual, may cause harmful interference to radio communications. Operation of this equipment in a residential area is likely to cause harmful interference in which case the user will be required to correct the interference at his own expense.
( b ) For a Class B digital device or peripheral, the instructions furnished the user shall include the following or similar statement, placed in a prominent location in the text of the manual: Note:
This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: —Reorient or relocate the receiving antenna. —Increase the separation between the equipment and receiver. —Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. —Consult the dealer or an experienced radio/TV technician for help.
( c ) The provisions of paragraphs (a) and (b) of this section do not apply to digital devices exempted from the technical standards under the provisions of § 15.103.
( d ) For systems incorporating several digital devices, the statement shown in paragraph (a) or (b) of this section needs to be contained only in the instruction manual for the main control unit.
( e ) In cases where the manual is provided only in a form other than paper, such as on a computer disk or over the Internet, the information required by this section may be included in the manual in that alternative form, provided the user can reasonably be expected to have the capability to access information in that form.
[54 FR 17714, Apr. 25, 1989, as amended at 68 FR 68546, Dec. 9, 2003]
<PAGE>

                                                                 EXHIBIT - 23.1


                          INDEPENDENT AUDITORS' CONSENT



The Board of Directors Mossimo, Inc.:

We consent to the incorporation by reference in the registration statement (No.
333-10071) on Form S-8 of Mossimo, Inc. of our report dated February 7, 2003,
with respect to the balance sheet of Mossimo, Inc. as of December 31, 2002, and
the related statements of operations, stockholders' equity (deficit), and cash
flows, for the year ended December 31, 2002, which report appears in the
December 31, 2002, annual report on Form 10-K of Mossimo, Inc.


/s/ KPMG LLP

KPMG LLP
Los Angeles, California
March 4, 2003
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No. 11-9030.

#### Vickers *v.*Lopez, Warden.

C. A. 9th Cir. Certiorari denied.
§ 54.409 Consumer qualification for Lifeline. ( a ) To constitute a qualifying low-income consumer: ( 1 ) A consumer's household income as defined in § 54.400(f) must be at or below 135% of the Federal Poverty Guidelines for a household of that size; or
( 2 ) The consumer, one or more of the consumer's dependents, or the consumer's household must receive benefits from one of the following federal assistance programs: Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; or Veterans and Survivors Pension Benefit.
( 3 ) Consumers that are survivors can qualify to receive emergency communications support from the Lifeline program without regard to whether the survivor meets the otherwise applicable eligibility requirements of the Lifeline program in this part, if: ( i ) The survivor suffers from financial hardship as defined by § 54.400(s); and
( ii ) The survivor requested a line separation as required under 47 U.S.C. 345(c)(1) of the Communications Act of 1934.
( b ) A consumer who lives on Tribal lands is eligible for Lifeline service as a “qualifying low-income consumer” as defined by § 54.400(a) and as an “eligible resident of Tribal lands” as defined by § 54.400(e) if that consumer meets the qualifications for Lifeline specified in paragraph (a) of this section or if the consumer, one or more of the consumer's dependents, or the consumer's household participates in one of the following Tribal-specific federal assistance programs: Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families; Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations.
( c ) In addition to meeting the qualifications provided in paragraph (a) or (b) of this section, in order to constitute a qualifying low-income consumer, a consumer must not already be receiving a Lifeline service, and there must not be anyone else in the subscriber's household subscribed to a Lifeline service.
[77 FR 12970, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012; 81 FR 33093, May 24, 2016; 88 FR 84447, Dec. 5, 2023; 89 FR 70124, Aug. 29, 2024]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELECTROMEDICAL TECHNOLOGIES 

INCORPORATED, a Delaware corporation; 

et al., 

Plaintiffs-Appellants, 

 v. 

CHAD WOLF, in his capacity as the Acting 

Secretary of the United States Department of 

Homeland Security; et al.,*

Defendants-Appellees.

No. 19-15966 

D.C. No. 2:18-cv-00508-GMS 

MEMORANDUM**

Appeal from the United States District Court

for the District of Arizona

G. Murray Snow, Chief District Judge, Presiding

Argued and Submitted May 7, 2020

Portland, Oregon

Before: WATFORD and HURWITZ, Circuit Judges, and BATTAGLIA,***

District Judge.

* Chad Wolf is the current Acting Secretary of Homeland Security and 

was automatically substituted as a party. Fed. R. App. P. 43(c)(2).

** This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

*** The Honorable Anthony J. Battaglia, United States District Judge for 

the Southern District of California, sitting by designation.

FILED

MAY 12 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
Page 2 of 3

Peter Gajic and his employer, ElectroMedical Technologies, Inc., appeal 

from the district court’s order rejecting their challenges to the denial of 

ElectroMedical Technologies’ untimely filed H-1B visa extension petition and 

Gajic’s application for adjustment of status. We affirm.

1. United States Citizenship and Immigration Services (USCIS) did not 

arbitrarily deny the visa extension petition, which was filed over seven years after 

Gajic fell out of status. Plaintiffs argued before the agency that the petition’s 

lateness should have been excused due to ineffective assistance by their prior 

attorney, who failed to file a visa extension petition on Gajic’s behalf. See 8 

C.F.R. § 214.1(c)(4)(i). But after prior counsel stopped representing Plaintiffs, 

they waited roughly two years before filing a visa extension petition. Plaintiffs did 

not argue before the agency that their lawyers during this time period also acted 

negligently. Thus, even if the portion of the filing delay attributable to attorney

negligence were excusable, there still would have been two years of unexcused

delay. USCIS did not abuse its discretion in rejecting the petition on the ground 

that prior counsel’s negligence was incommensurate with the delay in filing.

2. Because USCIS did not err in rejecting Gajic’s visa extension petition, it 

necessarily did not err in rejecting his application for adjustment of status. Gajic 

was ineligible for adjustment of status because he had been out of lawful status and 

was without employment authorization for far longer than 180 days when he 
Page 3 of 3

submitted his application. See 8 U.S.C. § 1255(c)(2), (c)(7), (c)(8), (k).

AFFIRMED.
No. 11-9811.

#### Perez *v.*United States.

C. A. 5th Cir. Cer-tiorari denied.
**Exhibit 32.1**

**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 theAmendment No. 1 to the Quarterly Report of Team Health Holdings, Inc. (the “Company”) on Form 10-Q/A (“Form 10-Q/A”) for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on thedate hereof, I, Greg Roth, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Form 10-Q/A fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and 

(2) The information contained in the Form 10-Q/A fairly presents, in all material respects, thefinancial condition and results of operations of the Company. 

 

Date: November 1, 2011
###### Editorial Note on Part 1

#### Editorial Note:

Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

#### § 1.1524 Comments by other parties.

Any party to a proceeding other than the applicant and Bureau counsel may file comments on an application within 30 days after it is served or an answer within 15 days after it is served. A commenting party may not participate further in proceedings on the application unless the presiding officer determines that the public interest requires such participation in order to permit full exploration of matters raised in the comments.

[47 FR 3786, Jan. 27, 1982, as amended at 61 FR 39899, July 31, 1996; 85 FR 63184, Oct. 6, 2020]
No. 11-5155.

#### Pearson *v.*Napolitano, Secretary of Homeland Security.

C. A. 5th Cir. Certiorari denied.
I

103D CONGRESS

2D SESSION H. R. 4337

To repeal the Displaced Workers Protection Act of 1994 (District of Columbia

Act 10–193).

IN THE HOUSE OF REPRESENTATIVES

MAY 4, 1994

Mr. BALLENGER (for himself, Mr. BLILEY, Mr. ROHRABACHER, and Mr.

SAXTON) introduced the following bill; which was referred to the Committee on the District of Columbia

A BILL

To repeal the Displaced Workers Protection Act of 1994

(District of Columbia Act 10–193).

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPEAL OF DISPLACED WORKERS PROTEC4 TION ACT OF 1994.

5 Effective April 25, 1994, the Displaced Workers Pro6 tection Act of 1994 (District of Columbia Act 10–193, ap7 proved by the District of Columbia Council on February

8 17, 1994) is hereby repealed.

Æ
<PAGE>

                                                                    Exhibit 32.2

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

I, Curtis J. Parker, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
knowledge, Cotelligent, Inc.'s Annual Report on Form 10-K/A for the period ended
December 31, 2002 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and that information contained in such
Annual Report on Form 10-K/A fairly presents in all material respects the
financial condition and results of operations of Cotelligent, Inc.

Date: November 24, 2003

By: /s/ Curtis J. Parker
    ----------------------------------------------------
    Curtis J. Parker
    Executive Vice President and Chief Financial Officer
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-4910

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PAUL FRANKLIN HOOVER, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Terrence W. Boyle, Chief District Judge. (CR-96-21-BO) Submitted: June 8, 1999 Decided: January 20, 2000 Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. William Arthur Webb, Federal Public Defender, Edwin C. Walker,Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Paul Franklin Hoover appeals the district court’s order revoking his supervised release and sentencing him to eighteen months of imprisonment. We have reviewed the record and the district court’s opinion and find no reversible error. See United States v. Hoover , No. CR-96-21-BO (E.D.N.C. Nov. 25, 1998). Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<PAGE>

EXHIBIT 32.1


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

In connection with the Quarterly Report MIV Therapeutics, Inc. (the "Company")
on Form 10-QSB for the quarter ended February 28, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Alan P.
Lindsay, as President and Chief Executive Officer of the Company, certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:

(1)      The Report fully complies with the requirements of section 13(a) 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 result of operations of
         the Company.

/S/ ALAN P. LINDSAY
-------------------
Alan P. Lindsay
President and CEO
July 16, 2005
§ 32.2124 General purpose computers. ( a ) This account shall include the original cost of computers and peripheral devices which are designed to perform general administrative information processing activities.
( b ) Administrative information processing includes but is not limited to activities such as the preparation of financial, statistical, or other business analytical reports; preparation of payroll, customer bills, and cash management reports, and other records and reports not specifically designed for testing, diagnosis, maintenance or control of the telecommunications network facilities.
( c ) [Reserved]
( d ) This account does not include the cost of computers and their associated peripheral devices associated with switching, network signaling, network operations, or other specific telecommunications plant. Such computers and peripherals shall be classified to the appropriate switching, network signaling, network expense, or other plant account.
[51 FR 43499, Dec. 2, 1986, as amended at 64 FR 50007, Sept. 15, 1999]
§ 10.210 WEA participation election procedures. Cross Reference
Link to an amendment published at 88 FR 86837 , Dec. 15, 2023.
Cross Reference
Link to a correction of the above amendment published at 89 FR 2885 , Jan. 17, 2024.
( a ) A CMS provider that elects to transmit WEA Alert Messages, in part or in whole as defined by § 10.10(k) and (l), shall electronically file with the Commission a letter attesting that the Provider: ( 1 ) Agrees to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission; and
( 2 ) Commits to support the development and deployment of technology for the “C” interface, the CMS provider Gateway, the CMS provider infrastructure, and mobile devices with WEA functionality and support of the CMS provider selected technology.
( b ) A CMS provider that elects not to transmit WEA Alert Messages shall file electronically with the Commission a letter attesting to that fact.
( c ) CMS providers shall file their election electronically to the docket.
[73 FR 54525, Sept. 22, 2008, as amended at 78 FR 16807, Mar. 19, 2013; 83 FR 8623, Feb. 28, 2018]
§ 51.327 Notice of network changes: Content of notice. ( a ) Public notice of planned network changes must, at a minimum, include: ( 1 ) The carrier's name and address;
( 2 ) The name and telephone number of a contact person who can supply additional information regarding the planned changes;
( 3 ) The implementation date of the planned changes;
( 4 ) The location(s) at which the changes will occur;
( 5 ) A description of the type of changes planned (Information provided to satisfy this requirement must include, as applicable, but is not limited to, references to technical specifications, protocols, and standards regarding transmission, signaling, routing, and facility assignment as well as references to technical standards that would be applicable to any new technologies or equipment, or that may otherwise affect interconnection); and
( 6 ) A description of the reasonably foreseeable impact of the planned changes.
( b ) The incumbent LEC also shall follow, as necessary, procedures relating to confidential or proprietary information contained in § 51.335.
[61 FR 47351, Sept. 6, 1996]
#### § 63.50 Amendment of applications.

Any application may be amended as a matter of right prior to the date of any final action taken by the Commission or designation for hearing. Amendments to applications shall be signed and submitted in the same manner, and with the same number of copies as was the original application. If a petition to deny or other formal objections have been filed to the application, the amendment shall be served on the parties.

(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20662, May 20, 1976]
No. 11-8758.

#### Kyles *v.*Garrett et al.

C. A. 5th Cir. Cer-tiorari denied.
EXHIBIT 32.1

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

     In  connection  with  the  Quarterly Report of Palomar Enterprises, Inc., a
Nevada  corporation  (the  "Company"),  on  Form  10-QSB  for  the  period ended
September  30, 2004, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Steve Bonenberger, Chief Executive Officer of the
Company,  certify,  pursuant  to  18 U.S.C. Section 1350, as adopted pursuant to
Section  906  of  the  Sarbanes-Oxley  Act  of  2002,  that:

     (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  result of operations of the
Company.

Dated: March 10, 2005.

                                       By  /s/Steve  Bonenberger
                                       --------------------------
                                       Steve  Bonenberger,
                                       Chief Executive Officer of
                                       Palomar Enterprises, Inc.


<PAGE>
# Comments on: 20-1018: CARDIONET, LLC v. INFOBIONIC, INC. [OPINION], Nonprecedential