alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 2555.100 Purpose and effective date.

The purpose of these Title IX regulations is to effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in these Title IX regulations. The effective date of these Title IX regulations shall be September 29, 2000.
§ 33.15 Refunds. ( a ) The Secretary shall promptly refund any amounts paid or deducted under this part when: ( 1 ) A debt is waived or otherwise found not owing to the United States; or
( 2 ) The employee's paying agency is directed by administrative or judicial order to refund amount deducted from the employee's current pay.
( b ) Unless required or permitted by law or contract, refunds shall not bear interest.
#### McDonald *v.*The State.

Argued May 22,

Decided August 17, 1906.

Motion to set aside judgment. Before Judge Beagan. Henry superior court. April 18, 1906.

*George W. Bryan,*for plaintiff in error.

*O. H. B. Bloodworth,*solicitor-general, and *W. P. Bloodworth,*contra.

Beck, *J.*

1. A motion to set aside the judgment is not the appropriate

remedy in a criminal case if the indictment is void. The judgment may be arrested upon motion made during the term at which the verdict is rendered, or the prisoner may be discharged upon a writ of habeas corpus at any time thereafter, if no question as to the validity of the indictment was adjudicated at the trial. *Griffin*v. *Eaves,*114 *Ga.*65. See also *Moore*v. *Wheeler,*109 *Ga.*62; *Duren*v. *Stephens,*ante, 496.

2. In the case of *Regopoulas*v. *State,*116 *Ga.*596, no question was made as to the remedy by motion to set aside being appropriate.

*Judgment affirmed.*

*All the Justices concur, except Fish, O. J., absent.*
§ 309.65 What must a Tribe or Tribal organization include in a Tribal IV-D plan in order to demonstrate capacity to operate a Tribal IV-D program? ( a ) A Tribe or Tribal organization demonstrates capacity to operate a Tribal IV-D program meeting the objectives of title IV-D of the Act and these regulations by submission of a Tribal IV-D plan which contains the required elements listed in paragraphs (a)(1) through (14) of this section: ( 1 ) A description of the population subject to the jurisdiction of the Tribal court or administrative agency for child support purposes as specified under § 309.70;
( 2 ) Evidence that the Tribe or Tribal organization has in place procedures for accepting all applications for IV-D services and promptly providing IV-D services required by law and regulation;
( 3 ) Assurance that the due process rights of the individuals involved will be protected in all activities of the Tribal IV-D program, including establishment of paternity, and establishment, modification, and enforcement of support orders;
( 4 ) Administrative and management procedures as specified under § 309.75;
( 5 ) Safeguarding procedures as specified under § 309.80;
( 6 ) Assurance that the Tribe or Tribal organization will maintain records as specified under § 309.85;
( 7 ) Copies of all applicable Tribal laws and regulations as specified under § 309.90;
( 8 ) Procedures for the location of noncustodial parents as specified under § 309.95;
( 9 ) Procedures for the establishment of paternity as specified under § 309.100;
( 10 ) Guidelines for the establishment and modification of child support obligations as specified under § 309.105;
( 11 ) Procedures for income withholding as specified under § 309.110;
( 12 ) Procedures for the distribution of child support collections as specified under § 309.115;
( 13 ) Procedures for intergovernmental case processing as specified under § 309.120; and
( 14 ) Tribally-determined performance targets for paternity establishment, support order establishment, amount of current support to be collected, amount of past due support to be collected, and any other performance measures a Tribe or Tribal organization may want to submit.
( b ) If a Tribe or Tribal organization currently is unable to satisfy any or all of the requirements specified in paragraph (a) of this section: ( 1 ) It may demonstrate capacity to operate a Tribal IV-D program meeting the objectives of title IV-D of the Act and these regulations by submission of an application for start-up funding as required by § 309.16(a) of this part.
( 2 ) The Secretary may cease start-up funding to a Tribe or Tribal organization if that Tribe or Tribal organization fails to satisfy one or more provisions or milestones described in its program development plan within the timeframe specified in such plan.
§ 1355.47 Penalties. ( a ) *Federal funds subject to a penalty.* The funds that are subject to a penalty are the title IV-E agency's claims for title IV-E foster care administration and training for the quarter in which the title IV-E agency is required to submit the data files. For data files due on May 15, ACF will assess the penalty based on the title IV-E agency's claims for the third quarter of the Federal fiscal year. For data files due on November 14, ACF will assess the penalty based on the title IV-E agency's claims for the first quarter of the Federal fiscal year.
( b ) *Penalty amounts.* ACF will assess penalties in the following amounts: ( 1 ) *First six month period.* ACF will assess a penalty in the amount of one sixth of one percent (1 ⁄ 6 of 1%) of the funds described in paragraph (a) of this section for the first six month period in which the title IV-E agency's submitted corrected data file does not comply with § 1355.46.
( 2 ) *Subsequent six month periods.* ACF will assess a penalty in the amount of one fourth of one percent (1 ⁄ 4 of 1%) of the funds described in paragraph (a) of this section for each subsequent six month period in which the title IV-E agency continues to be out of compliance.
( c ) *Penalty reduction from grant.* ACF will offset the title IV-E agency's title IV-E foster care grant award in the amount of the penalty from the title IV-E agency's claims following the title IV-E agency notification of ACF's final determination of noncompliance.
( d ) *Appeals.* The title IV-E agency may appeal ACF's final determination of noncompliance to the HHS Departmental Appeals Board pursuant to 45 CFR part 16.
[81 FR 90569, Dec. 14, 2016]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6393

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

BENJAMIN C. THOMPKINS, JR., a/k/a Benjamin Thompkins, a/k/a 

Benjie,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Robert E. Payne, Senior

District Judge. (3:08-cr-00339-REP-1)

Submitted: July 31, 2012 Decided: August 28, 2012

Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Benjamin C. Thompkins, Jr., Appellant Pro Se. Angela 

Mastandrea-Miller, Assistant United States Attorney, Richmond, 

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Benjamin C. Thompkins, Jr., appeals the district 

court’s order granting the United States’ motion to dismiss and 

denying Thompkins’ various motions including his Fed. R. Crim. 

P. 33(b)(1) motion for new trial, his motion for disclosure, and 

his motion to preserve evidence. We have reviewed the record 

and find no reversible error. Accordingly, we affirm for the 

reasons stated by the district court. United States v. 

Thompkins, No. 3:08-cr-00339-REP-1 (E.D. Va. Feb. 10, 2012). We 

grant leave to proceed in formal pauperis and 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
#### § 605.1 Purpose.

The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance.
EXHIBIT 99.1

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


     In  connection  with  the  Quarterly  Report  of  AgroCan  Corporation (the
"Company")  on Form 10-QSB for the period ending June 30, 2002 as filed with the
Securities  and  Exchange  Commission  on  the  date  hereof  (the "Report"), I,
Lawrence  Hon,  Chief  Executive Officer of the Company, certify, pursuant to 18
U.S.C.  ss.  1350,  as  adopted pursuant to ss. 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.



/s/  Lawrence  Hon


Lawrence  Hon
Chief  Executive  Officer
August  14,  2002


                                       18
<PAGE>
#### § 681.2 Definitions.

For the purposes of this part—

*ALJ* means an Administrative Law Judge in the authority appointed pursuant to section 3105 of title 5 or detailed to the authority pursuant to section 3344 of title 5.

*Authority* means the National Science Foundation.

*Authority head* means the Director of the National Science Foundation or the Director's designee.

*Benefit* is intended to cover anything of value, including but not limited to, any advantage, preference, privilege, license, permit, favorable decision, ruling, status, or loan guarantee.

*Claim* is defined in section 3801(a)(3) of title 31 of the United States Code.

*Complaint* means the administrative complaint served by the reviewing official on the defendant under § 681.8.

*Defendant* means any person alleged in a complaint under § 681.7 to be liable for a civil penalty or assessment pursuant to PFCRA.

*Government* means the United States Government.

*Individual* means a natural person.

*Initial decision* means the written decision of the ALJ required by § 681.33, and includes a revised initial decision issued following a remand or a motion for reconsideration.

*Investigating official* means the NSF Inspector General or an employee of the Office of Inspector General designated by the Inspector General.

*Knows* or *has reason to know* is defined in section 3801(a)(5) of title 31 of the United States Code.

*Makes* shall include the terms presents, submits, and causes to be made, presented, or submitted. As the context requires, making or made shall likewise include the corresponding forms of such terms.

*Person* means any individual, partnership, corporation, association, or private organization, and includes the plural of that term.

*Representative* means an attorney who is in good standing of the bar of any State, Territory, or possession of the United States, or of the District of Columbia, or the Commonwealth of Puerto Rico, or any other individual designated in writing by the defendant.

*Reviewing official* means the General Counsel of NSF or the General Counsel's designee.

*Statement* is defined in section 3801(a)(9) of title 5 of the United States Code.
#### § 660.2 What definitions apply to these regulations?

*Foundation* means the National Science Foundation.

*Order* means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983 and titled “Intergovernmental Review of Federal Programs.”

*Director* means the Director of the National Science Foundation or an official or employee of the Foundation acting for the Director under a delegation of authority.

*State* means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust Territory of the Pacific Islands.
§ 612.4 Processing requests. ( a ) *Monitoring of requests.* The NSF Office of the General Counsel (OGC), or such other office as may be designated by the Director, will serve as the central office for administering these regulations. For records maintained by the Office of Inspector General, that Office will control incoming requests made directly or referred to it, dispatch response letters, and maintain administrative records. For all other records maintained by NSF, OGC (or such other office as may be designated by the Director) will control incoming requests, assign them to appropriate action offices, monitor compliance, consult with action offices on disclosure, approve necessary extensions, dispatch denial and other letters, and maintain administrative records.
( b ) *Consultations and referrals.* When the NSF receives a request for a record in its possession that originated with another agency or in which another agency has a substantial interest, it may decide that the other agency of the Federal Government is better able to determine whether the record should or should not be released under the FOIA. ( 1 ) If the NSF determines that it is the agency best able to process the record in response to the request, then it will do so, after consultation with the other interested agencies where appropriate.
( 2 ) If it determines that it is not the agency best able to process the record, then it will refer the request regarding that record (or portion of the record) to the agency that originated or has a substantial interest in the record in question (but only if that agency is subject to the FOIA). Ordinarily, the agency that originated a record will be presumed to be best able to determine whether to disclose it.
( 3 ) Whenever NSF refers all or any part of the responsibility for responding to a request to another agency, it ordinarily will notify the requester of the referral and inform the requester of the name of each agency to which the request has been referred and of the part of the request that has been referred, unless such notification would disclose information otherwise exempt.
§ 89.3 Organizational integrity of recipients. A recipient must have objective integrity and independence from any affiliated organization that engages in activities inconsistent with the recipient's opposition to the practices of prostitution and sex trafficking because of the psychological and physical risks they pose for women, men and children (“restricted activities”). A recipient will be found to have objective integrity and independence from such an organization if: ( a ) The affiliated organization receives no transfer of Leadership Act HIV/AIDS funds, and Leadership Act HIV/AIDS funds do not subsidize restricted activities; and
( b ) The recipient is, to the extent practicable in the circumstances, separate from the affiliated organization. Mere bookkeeping separation of Leadership Act HIV/AIDS funds from other funds is not sufficient. HHS will determine, on a case-by-case basis and based on the totality of the facts, whether sufficient separation exists. The presence or absence of any one or more factors relating to legal, physical, and financial separation will not be determinative. Factors relevant to this determination shall include, but not be limited to, the following: ( 1 ) Whether the organization is a legally separate entity;
( 2 ) The existence of separate personnel or other allocation of personnel that maintains adequate separation of the activities of the affiliated organization from the recipient;
( 3 ) The existence of separate accounting and timekeeping records;
( 4 ) The degree of separation of the recipient's facilities from facilities in which restricted activities occur; and
( 5 ) The extent to which signs and other forms of identification that distinguish the recipient from the affiliated organization are present.
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.                  

###### Commodity Futures Trading Commission

      ( print page 13094)    

# Time and Date:

11 a.m., Friday, April 27, 2007.

# Place:

1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room.

# Status:

Closed.

# Matters to be Considered:

Surveillance Matters.

# Contact for More Information:

Eileen A. Donovan, 202-418-5100.

Eileen A. Donovan,

Acting Secretary of the Commission.

[FR Doc. 07-1367 Filed 3-15-07; 4:43 pm]

BILLING CODE 6351-01-M
§ 73.735-303 Use of government funds. ( a ) An employee shall not: ( 1 ) Improperly use official travel;
( 2 ) Improperly use payroll and other vouchers and documents on which Government payments are based;
( 3 ) Take or fail to account for funds with which the employee is entrusted in his or her official position; or
( 4 ) Take other Government funds for personal use. Violation of these prohibitions carry criminal penalties.
( b ) In addition, employees shall avoid wasteful actions or behavior in the performance of their assigned duties.
§ 11.497 Mate (OSV). ( a ) The minimum service required to qualify an applicant for an endorsement as mate (OSV) of offshore supply vessels is— ( 1 ) Twenty-four months of total service in the deck department of ocean or near-coastal self-propelled, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to 1 year of the required service. One year of the required service must have been on vessels of more than 100 GRT; or
( 2 ) One year of total service as part of an approved or accepted mate (OSV) training program.
( b ) A person holding an endorsement as mate (OSV) may qualify for an STCW endorsement, according to § 11.309 of this part.
( c ) The Coast Guard may exempt an applicant from meeting any requirement under STCW Regulation II/1 (incorporated by reference, see § 11.102 of this part) that the Coast Guard determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.
#### § 630.645 Federal agency or agency.

*Federal agency or agency* means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency.
#### Atlantic and Birmingham Railway Company *v.*Hattaway.

Submitted March 2,

Decided August 17, 1906.

Action for damages. Before Judge Henderson. City court of Vienna. June 28, 1905.

The plaintiff brought action on account of personal injuries received in a railroad wreck. He alleged that when making a run as conductor of a freight-train of the defendant, the caboose, in which he was riding, struck a low joint in the rails, was thrown, from the track, and wrecked, causing him to be permanently injured by being thrown against the iron ladder in the car and ruptured. By the answer the defendant admitted that the caboose had been wrecked, but denied negligence in any way respecting the injury; and contended further that the rupture of which the plaintiff complained was not caused by the wreck, but was received sometime previously thereto. On the trial the evidence was conflicting as to whether there was “a low place in the track.”

A verdict was returned in favor of the plaintiff. The defendant moved for a new trial upon the following among other grounds: “That the court erred in charging the jury as follows: ‘They [the defendant railway company] contend further that the low place-in the rails was further on toward Montezuma, and that the caboose-had not gotten so far as that when the accident occurred.’ ” This-charge was alleged to be erroneous “in that it was an expression by the court that it had been proved that there was a low place in the rails, and usurped the province of the jury as to what had been proved in the case, there being no admission by the defendant in its pleadings or arguments that there was a low place in the rails or other defects in the track.” The motion was overruled, and the defendant excepted.

*Rosser & Brandon, Walter T. Colquitt, J. L. Sweat,*and *Crum*di *Jones,*for plaintiff in error.

*Hill & Royal*and *Murrow & Pate,*contra.

Atkinson, -J.

The negligence claimed was based upon the existence of a “low place” in the track. Whether there was such a place was in issue-both in the pleadings and the evidence. It was therefore error fortlie judge in his charge to assume that there was such a “low place.”

*Judgment reversed.*

*All the Justices concur, except Fish, O. J., absent.*
§ 98.51 Services for children experiencing homelessness. Lead Agencies shall expend funds on activities that improve access to quality child care services for children experiencing homelessness, including: ( a ) The use of procedures to permit enrollment (after an initial eligibility determination) of children experiencing homelessness while required documentation is obtained; ( 1 ) If, after full documentation is provided, a family experiencing homelessness is found ineligible, ( i ) The Lead Agency shall pay any amount owed to a child care provider for services provided as a result of the initial eligibility determination; and
( ii ) Any CCDF payment made prior to the final eligibility determination shall not be considered an error or improper payment under subpart K of this part;
( 2 ) [Reserved]
( b ) Training and technical assistance for providers and appropriate Lead Agency (or designated entity) staff on identifying and serving children experiencing homelessness and their families; and
( c ) Specific outreach to families experiencing homelessness.
[81 FR 67588, Sept. 30, 2016]
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

THE REAL TRUTH ABOUT OBAMA,

INC.,

Plaintiff,

v.

FEDERAL ELECTION COMMISSION, et

al.,

Defendants.

Action No. 3:08–CV–483

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion for Injunction Pending

Appeal (Docket No. 68). Upon due consideration, the Court DENIES the Motion for

Injunction Pending Appeal because Plaintiff failed to meet the standard set forth in

this Circuit for a stay pending appeal enumerated in Long v. Robinson, 432 F.2d 977,

979 (4th Cir. 1970). 

Let the Clerk send a copy of this Order to all counsel of record.

It is SO ORDERED.

ENTERED this 30th day of September 2008

 /s/ 

James R. Spencer

Chief United States District Judge

Case 3:08-cv-00483-JRS Document 81 Filed 09/30/2008 Page 1 of 1
### Response Dave Lottel'cr

M Lopez Craig Fabian Robert Hackman 

### Person Contacted Eli Cotti

ATA ATA 

### Organization Niltional Business Aircraft Association I Regional Airline ASSflciatiioll Aircraft Owners &Pilots Association 

### Contacts. With whom outside the FAA hasthis proposal been discussed? I