alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EBSA-2010-0050-DRAFT-1196.html[7/22/2015 3:36:18 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvd-sthq

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-1196

Comment on FR Doc # 2015-14921

Submitter Information

Name: Jame Booth

General Comment

I can plan for my own retirement. Don't need any political incompetent making decisions with my

 retirement money that I earned.
§ 511.41 General rules. ( a ) *Public hearings.* All hearings pursuant to this part shall be public unless otherwise ordered by the Presiding Officer. Notice of the time and location of the hearing shall be served on each party and participant, and published in the Federal Register.
( b ) *Expedition.* Hearings shall proceed with all reasonable speed, insofar as practicable and with due regard to the convenience of the parties and shall continue without suspension until concluded, except in unusual circumstances.
( c ) *Rights of parties.* Every party shall have the right of timely notice and all other rights essential to a fair hearing, including, but not limited to, the rights to present evidence, to conduct such cross-examination as may be necessary in the judgment of the Presiding Officer for a full and complete disclosure of the facts, and to be heard by objection, motion, brief, and argument.
( d ) *Rights of participants.* Every participant shall have the right to make a written or oral statement of position, file proposed findings of fact, conclusions of law and a posthearing brief, in accordance with § 511.17(b).
( e ) *Rights of witnesses.* Any person compelled to testify in a proceeding in response to a subpoena may be accompanied, represented, and advised by counsel or other representative, and may obtain a transcript of his or her testimony at no cost.
Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.

§ 40.381 What information do you present to contest the proposed issuance of a PIE? ( a ) As a service agent who wants to contest a proposed PIE, you must present at least the following information to the Director: ( 1 ) Specific facts that contradict the statements contained in the NOPE (see § 40.375(b)(2) and (3)). A general denial is insufficient to raise a genuine dispute over facts material to the issuance of a PIE;
( 2 ) Identification of any existing, proposed or prior PIE; and
( 3 ) Identification of your affiliates, if any.
( b ) You may provide any information and arguments you wish concerning the proposed issuance, scope and duration of the PIE (see § 40.375(b)(4) and (5)).
( c ) You may provide any additional relevant information or arguments concerning any of the issues in the matter.
#### § 236.701 Application, brake; full service.

An application of the brakes resulting from a continuous or a split reduction in brake pipe pressure at a service rate until maximum brake cylinder pressure is developed. As applied to an automatic or electro-pneumatic brake with speed governor control, an application other than emergency which develops the maximum brake cylinder pressure, as determined by the design of the brake equipment for the speed at which the train is operating.
Editorial Note on Part 386
Editorial Note: Nomenclature changes to part 386 appear at 65 FR 7755, Feb. 16, 2000, and 88 FR 80182, Nov. 17, 2023.

§ 386.34 Motions. ( a ) *General.* An application for an order or ruling not otherwise covered by these rules shall be by motion. All motions filed prior to the calling of the matter for a hearing shall be to the Agency Decisionmaker. All motions filed after the matter is called for hearing shall be to the administrative law judge.
( b ) *Form.* Unless made during hearing, motions shall be made in writing, shall state with particularity the grounds for relief sought, and shall be accompanied by affidavits or other evidence relied upon.
( c ) *Answers.* Except when a motion is filed during a hearing, any party may file an answer in support or opposition to a motion, accompanied by affidavits or other evidence relied upon. Such answers shall be served within 20 days after the motion is served or within such other time as the Agency Decisionmaker or administrative law judge may set.
( d ) *Argument.* Oral argument or briefs on a motion may be ordered by the Agency Decisionmaker or the administrative law judge.
( e ) *Disposition.* Motions may be ruled on immediately or at any other time specified by the administrative law judge or the Agency Decisionmaker.
( f ) *Suspension of time.* The pendency of a motion shall not affect any time limits set in these rules unless expressly ordered by the Agency Decisionmaker or administrative law judge.
[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]
From: Andrea Russell [mailto:dr_russell@msn.com] 

Sent: Thursday, May 28, 2009 6:42 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 

2008

To the Honorable Members of Congress: 

 

I am a licensed professional counselor with a Ph.D. in clinical psychology who 

provides neurofeedback treatment to individuals with Attention Deficit Hyperactivity 

Disorder and Mood Disorders. Neurofeedback is an empirically validated and widely 

recognized effective non-medication treatment for ADHD, as well as other conditions. 

There are over 50 studies evaluating the effectiveness of neurofeedback in the 

treatment of ADHD, substance use disorders and Autism. A recent review of this 

literature concluded "Neurofeedback meets the American Academy of Child and 

Adolescent Psychiatry criteria for Clinical Guidelines for treatment of ADHD." This 

means that neurofeedback meets the same criteria as medication for treating ADHD, 

of which 60% of prescriptions are in fact prescribed "off label," and that 

neurofeedback "should always be considered as an intervention for this disorder by 

the clinician." 

 

This service has been denied by Medicaid, Aetna, United Behavioral Health, Blue 

Cross, Cigna, and Amerigroup. 

 

This is limitation of an effective and validated treatment for a mental health problem. 

The reasons given by the insurance companies for this denial fell into two categories: 

1) our company does not cover biofeedback for mental health problems or 2) there is 

not yet sufficient evidence for the efficacy of neurofeedback. As such, they are using 

evidence-based criteria that are far more restrictive for mental health services than 

the criteria which are used for medical/surgical services. There are many routine 

medical and surgical procedures which have far fewer controlled studies about their 

efficacy than does neurofeedback. These medical and surgical procedures are 

generally not limited because of concerns about how many controlled studies have 

been performed about them. 

We believe that the parity regulations, based on legal reviews of the parity statute 

should require that employers and plans pay for the same range and scope of 

services for behavioral treatments as they do for medical surgical benefits and that a 

plan cannot be more restrictive in their managed care criteria and reviews for mental 

health and substance abuse disorders when compared to medical surgery. Today 

plans are being more restrictive in how they review evidenced-based mental health 

and Substance Abuse Treatments when compared to medical surgical treatments. 

This violates both the intent and letter of the parity statute and we hope that the 

regulations will clarify that this can't continue. 

 

Please correct this situation so those in need of our services with EEG neurofeedback 

will be able to continue their coming for treatment and having their insurance cover 

the costs. 

 

Sincerely. 

Andrea A. Russell, Ph.D. 7660 E. Broadway Boulevard, Suite 207 Tucson, AZ 85710 

Voice (520) 885-0557 Fax (520) 885-1157 Email dr_russell@msn.com
EBSA-2010-0050-DRAFT-1524.html[7/23/2015 2:19:25 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 09, 2015

Status: Pending_Post

Tracking No. 1jz-8jvp-gvjg

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-1524

Comment on FR Doc # 2015-14921

Submitter Information

Name: Michael La Porte

Address:

1030 Taplin Way

Galt, CA, 95632-3763

Email: michaellaporte@reagan.com

Phone: 209-570-0004

General Comment

I do not need to have the government to help me plan or spend my retirement money. I am capable of doing this

 on my own. 

Please stop trying to insert your control into my personal life.
-----Original Message----- 

From: inyoboy@gmail.com [mailto:inyoboy@gmail.com] 

Sent: Saturday, May 01, 2010 7:22 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

May 01, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Robert Pino 

PO Box 584 

Lone Pine, CA 93545
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-40292 Summary Calendar

FRANCISCO PASCUAL BARTOLO PEDRO, Petitioner-Appellant,

versus E.M. TROMINSKI, District Director, Immigration and Naturalization Service; JANET RENO, United States Attorney General; DORIS MEISSNER, Commissioner of Immigration and Naturalization Service; U.S. ATTORNEY Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas

USDC No. B-97-CV-282

- - - - - - - - - - December 1, 2000 Before DAVIS, JONES and DEMOSS, Circuit Judges. PER CURIAM: * Francisco Pascual Bartolo Pedro (Bartolo), a native and citizen of Guatemala who first entered the United States in 1985 and was apprehended upon reentry in 1997, appeals from the district court’s judgment dismissing his 28 U.S.C. § 2241 petition for lack of jurisdiction based upon 8 U.S.C. § 1252(g). Bartolo’s § 2241 petition is both an attempt to prevent the INS from effectuating its 1998 removal order and an appeal of the INSNo. 00-40292 -2-

** American Baptist Churches v. Thornburgh , 760 F.Supp. 796 (N.D. Cal. 1991) proceeding determining that he was ineligible to benefits from the ABC Settlement. R. 206-07, 252-53. Accordingly, the requested relief falls within the ambit of § 1252(g), and the district court correctly held that it was without jurisdiction to consider it. See § 1252(g); Reno v. American-Arab AntiDiscrimination Committee , 119 S. Ct. 936, 943 (1999). Because we AFFIRM the district court’s judgment that it lacked jurisdiction over Bartolo’s § 2241 petition, we need not address his contentions that: 1) he was not “apprehended at the time of entry” because he had not actually entered the United States when he was apprehended; 2) the deprivation of rights due him under the ABC Settlement ** violated due process; and 3) the district court abused its discretion by overruling his objections to the magistrate judge’s report and recommendation “without comment” and by denying “without comment” his Fed. R. Civ. P. 59(e) motion to amend judgment. AFFIRMED.
Editorial Note on Part 386
Editorial Note: Nomenclature changes to part 386 appear at 65 FR 7755, Feb. 16, 2000, and 88 FR 80182, Nov. 17, 2023.

§ 386.5 Form of filings and extensions of time. ( a ) *Form.* Each document must be typewritten or legibly handwritten.
( b ) *Contents.* Unless otherwise specified in this part, each document must contain a short, plain statement of the facts on which the person's case rests and a brief statement of the action requested in the document. Except by prior order, all contents will be made publicly available.
( c ) *Length.* Except for the Notice of Claim and reply, motions, briefs, and other filings may not exceed 20 pages except as permitted by Order following a motion to exceed the page limitation based upon good cause shown. Exhibits or attachments in support of the relevant filing are not included in the page limit.
( d ) *Paper and margins.* Filed documents must be printed on 81 ⁄ 2′′ by 11′′ paper with a one-inch margin on all four sides of text, to include pagination and footnotes.
( e ) *Spacing, and font size for typewritten documents.* Typewritten documents will use the following line format: single-spacing for the caption and footnotes, and double-spacing for the main text. All printed matter must appear in at least 12-point font, including footnotes.
( f ) *Extensions of time.* Only those requests showing good cause will be granted. No motion for continuance or postponement of a hearing date filed within 15 days of the date set for a hearing will be granted unless accompanied by an affidavit showing extraordinary circumstances warrant a continuance. Unless directed otherwise by the Agency Decisionmaker before whom a matter is pending, the parties may stipulate to reasonable extensions of time by filing the stipulation in the official docket and serving copies on all parties on the certificate of service. Motions for extensions of time must be filed in accordance with § 386.7 and served in accordance with § 386.6. A copy must also be served upon the person presiding over the proceeding at the time of the filing.
[70 FR 28479, May 18, 2005, as amended at 77 FR 59826, Oct. 1, 2012]
<PAGE>

Exhibit 32.2

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

In connection with the Quarterly Report of Union Bankshares, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Chief Financial Officer of the Company hereby certifies, pursuant
to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act
of 2002 that to the best of her knowledge: 1) the Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, and 2) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company as of and for the periods covered in the Report.

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


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


August 1, 2008
§ 382.213 Controlled substance use. ( a ) No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions when the driver uses any drug or substance identified in 21 CFR 1308.11 Schedule I.
( b ) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in § 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.
( c ) No employer having actual knowledge that a driver has used a controlled substance, as defined in § 382.107, shall permit the driver to perform or continue to perform a safety-sensitive function, except when the use is prescribed by a *licensed medical practitioner,* as defined in § 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.
( d ) An employer may require a driver to inform the employer of any therapeutic drug use.
[77 FR 4483, Jan. 30, 2012, as amended at 88 FR 80180, Nov. 17, 2023]
<PAGE>

                                                                    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 Max & Erma's Restaurants, Inc. (the
"Company") on Form 10-Q for the period ending May 9, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Todd B.
Barnum, the Chairman of the Board, President and 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 results of operations of the Company.

/s/ Todd B. Barnum
---------------------------------
Todd B. Barnum, Chairman of the Board,
President and Chief Executive Officer

June 16, 2004

This Certification is being furnished solely to accompany the Report pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, and shall not be deemed "filed" by the Company for purposes of
Section 18 of the Securities Act of 1933, as amended, or the Securities Exchange
Act of 1934, as amended, whether made before or after the date of this Report,
irrespective of any general incorporation language contained in such filing.

                                                                              23
**JMK** IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 18 - 0 328 STATE OF MONTANA,

Plaintiff and Appellee, v. JUAN ANASTASIO RODRIGUEZ ,

Defendant and Appellant.

**ORDER** Upon consideration of Appellee’s motion for a 3 0 - day extension of time, and good cause appearing therefor, IT IS HEREBY ORDERED that Appellee is gran ted an extension of time to and including May 7 , 2020 , within which to prepare, serve, and file its response brief.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

April 7 2020

04/07/2020

Case Number: DA 18-0328
<PAGE>

Exhibit 11


                           MERRIMAC INDUSTRIES, INC.
                       COMPUTATION OF EARNINGS PER SHARE

                       ---------------------------------
                                  (Unaudited)
                                  -----------
<TABLE>
<CAPTION>
                                                           Quarters Ended           Six Months Ended
                                                        ---------------------     --------------------
                                                        June 29,   June 30,       June 29,    June 30,
                                                          2002       2001           2002        2001
                                                        ---------------------     --------------------
<S>                                                     <C>       <C>            <C>         <C>
Numerator:
Net income (loss) available to common stockholders....  $ (54,199) $  136,451    $ 88,638   $  105,755
                                                        =========  ==========    =========   ==========

Basic earnings (loss) per share
-------------------------------
Weighted average number of shares outstanding for
basic net income (loss) per share
Common stock..........................................  3,186,387   2,619,338    3,010,884    2,612,041
                                                        =========   =========    =========    =========
Net income (loss) per common share - basic............     $( .02)      $ .05        $ .03         $.04
                                                            =====       =====        =====         ====

Diluted earnings (loss) per share
---------------------------------
Weighted average number of shares outstanding for
diluted net income (loss) per share
Common stock .........................................  3,186,387   2,619,338    3,010,884   2,612,041
Effect of dilutive securities - stock options (1) ....         -      141,814       81,925     184,794
                                                        ---------  ----------    ---------   ---------
Weighted average number of shares outstanding for
diluted net income (loss) per share...................  3,186,387   2,761,152    3,092,809   2,796,835
                                                        =========  ==========    =========   =========
Net income (loss) per common share - diluted..........      $(.02)      $ .05        $ .03        $.04
                                                            =====       =====        =====        ====
</TABLE>

(1) Represents additional shares resulting from assumed conversion of
    stock options less shares purchased with the proceeds therefrom.

     Stock options and warrants did not have an effect on the computation of the
diluted  loss  per  share  in  the  second  quarter  of  2002  since  they  were
antidilutive.
```

[Journal of the House of Representatives, 1995]
[Thursday, October 19, 1995 (131), Para 131.22 Reports of Committees on Public Bills and Resolutions]
[Page 1569]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.131.22  reports of committees on public bills and resolutions

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as follows:

       Mr. DIAZ-BALART: Committee on Rules. House Resolution 239. 
     Resolution providing for consideration of the bill (H.R. 
     2492) making appropriations for the legislative branch for 
     the fiscal year ending September 30, 1996, and for other 
     purposes (Rept. No. 104-283). Referred to the House Calendar.
       Mr. CLINGER. Committee on Government Reform and Oversight. 
     H.R. 994. A bill to require the periodic review and automatic 
     termination of Federal regulations; with an amendment (Rept. 
     No. 104-284 Pt. 1). Ordered to be printed.
```