alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In The **Court of Appeals Seventh District of Texas at Amarillo** 

_______________________ No. 07 - 13 - 00 104 - CR

________________________ DAVID MAX ALLEN , APPELLANT v. THE STATE OF TEXAS, APPELLEE On Appeal from the 242 nd District C ourt Hale County, Texas Tri a l Court No . A19251 - 1209, Honorable Edward Self , Presiding 

### June 4 , 2013 ON ABATEMENT AND REMAND Before QUI NN, C.J., and CAMPBELL and HANCOCK , JJ. Appellant David Max Allen appeals from his conviction for driving while intoxicated. The district clerk has requested an extension of time to file the record, stating that ap pellant has not paid or made arrangements to pay for the record. Appellant’s counsel filed a motion to withdraw the notice of appeal on April 25, 2013, representin g that appellant was requesting the appeal be dismissed. However, the motion was not signed by appellant, and counsel was directed to file a corrected2 motion with appellant’s signature. The latter is required by Texas Rule of Appellate Procedure 42.2(a). To date, no corrected motion has been received by this court. Accor dingly, we abate this appeal and remand the cause to the 242 nd District Court of Hale County (trial court) for further proceedings. Upon remand, the trial cour t shall determine the following: 1. whether appellant desires to prosecute the appeal; 2. whether appellant is indigent; and, if so, 3. whether appellant is entitled to a f ree record . The trial court is also direct ed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters in a supplemental record and cause that record to be filed with this court by July 3, 2013. Should further time be needed to perform these tasks, then same must be requested before July 3, 2013. Finally, the obligation of the court clerk and court reporter to file the appellate record is stayed until further notice. It is so ordered. Per Curiam Do not publish.
Editorial Note on Part 385
Editorial Note: Nomenclature changes to part 385 appear at 66 FR 49872, Oct. 1, 2001.

§ 385.323 May FMCSA extend the period under § 385.319(c) for a new entrant to take corrective action to remedy its safety management practices? ( a ) FMCSA may extend the 60-day period in § 385.319(c)(1) for up to an additional 60 days provided FMCSA determines the new entrant is making a good faith effort to remedy its safety management practices.
( b ) FMCSA may extend the 45-day period in § 385.319(c)(2) for up to an additional 10 days if the new entrant has submitted evidence that corrective actions have been taken pursuant to § 385.319(c) and the Agency needs additional time to determine the adequacy of the corrective action.
[73 FR 76490, Dec. 16, 2008]
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.                  

###### Federal Election Commission

      ( print page 52567)    

# Date and Time:

Thursday, September 20, 2007 at 2 p.m.

# Place:

999 E Street, NW., Washington, DC.

# Status:

This meeting will be closed to the public.

# Items To Be Discussed:

 

Compliance matters pursuant to 2 U.S.C. 437g.

Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C.

Matters concerning participation in civil actions or proceedings or arbitration.

Internal personnel rules and procedures or matters affecting a particular employee.

# Person to Contact for Information:

Mr. Robert Biersack, Press Officer, Telephone: (202) 694-1220.

Mary W. Dove,

Secretary of the Commission.

[FR Doc. 07-4599 Filed 9-12-07; 3:38 pm]

BILLING CODE 6715-01-M
#### The Oregon Steamship Company, *Respondent, v.*George K. Otis, *Appellant.*

Judgment modified as directed in opinion, and affirmed as modified. Opinion by

Brady, J.
Editorial Note on Part 385
Editorial Note: Nomenclature changes to part 385 appear at 66 FR 49872, Oct. 1, 2001.

§ 385.609 Requirement to notify FMCSA of change in applicant information. ( a ) ( 1 ) A motor carrier subject to this subpart must notify FMCSA of any changes or corrections to the information the Form BOC-3—Designation of Agents—Motor Carriers, Brokers and Freight Forwarders that occur during the application process or after having been granted new entrant registration.
( 2 ) A motor carrier subject to this subpart must notify FMCSA of any changes or corrections to the information in Section A of Form MCSA-1 that occur during the application process or after the motor carrier has been granted new entrant registration. The motor carrier must report the changes or corrections within 30 days of the change. The motor carrier must use Form MCSA-1, the URS online application, to report the new information.
( 3 ) A motor carrier must notify FMCSA in writing within 45 days of the change or correction to information under paragraphs (a)(1) or (a)(2) of this section.
( b ) If a motor carrier fails to comply with paragraph (a) of this section, FMCSA may suspend or revoke its new entrant registration until it meets those requirements.
[73 FR 76491, Dec. 16, 2008, as amended at 78 FR 52650, Aug. 23, 2013; 80 FR 63708, Oct. 21, 2015] Effective Date Note
Effective Date Note: At 82 FR 5306, Jan. 17, 2017, § 385.609 was suspended, effective Jan. 14, 2017.
<PAGE>

                                                                   EXHIBIT 10.44

                                 AMENDMENT NO. 6
                                       TO
                          WERNER HOLDING CO. (PA), INC.
                              STOCK INCENTIVE PLAN

The Werner Holding Co. (PA), Inc. Stock Incentive Plan (the "Plan") is hereby
amended as follows:

         The first sentence of paragraph 2. Stock Subject to Plan of the Plan is
amended to read:

         The number of shares of stock that may be subject to Options
         or Stock Appreciation Rights granted hereunder plus the number
         of shares of stock that may be granted or sold as Restricted
         Stock hereunder shall not in the aggregate exceed 6,504 shares
         of the Company's Class C Common Stock (the "Shares"), subject
         to adjustment under Section 13 hereof; provided further that
         the number of Shares that a Participant (as hereinafter
         defined) may receive pursuant to the Plan shall in no event
         exceed 2,500 in any year.

Pursuant to Werner Holding Co. (PA), Inc. Board of Directors action dated August
21, 2003.
#### § 375.501 [Reserved]
###### Editorial Note on Part 385

#### Editorial Note:

Nomenclature changes to part 385 appear at 66 FR 49872, Oct. 1, 2001.

#### § 385.335 If the FMCSA conducts a compliance review on a new entrant, will the new entrant also be subject to a safety audit?

If the FMCSA conducts a compliance review on a new entrant that has not previously been subject to a safety audit and issues a safety fitness determination, the new entrant will not have to undergo a safety audit under this subpart. However, the new entrant will continue to be subject to the 18-month safety-monitoring period prior to removal of the new entrant designation.
Date Completed: 7/19/2015 

Name: Diana Marchesi

Street Address: 2301 Connecticut Ave NW, Apt. 2A

City: Washington State: District of Columbia Zip Code: 20008

Email: diana.marchesi@transamerica.com

Comments:

As your constituent and as a retirement saver who has benefited from working with a

financial professional, I am very much opposed to the proposed rule from the

Department of Labor that will restrict access to professional and licensed financial

planning advice. I am requesting that you oppose the rule in its present form since

the DOL seems determined to move forward with the proposal without any serious

regard for the objections raised by consumers, providers, and industry

representatives. My retirement future is at risk. As you know, Americans increasingly

need to take responsibility for their own financial planning and retirement saving. To

understand the many options, I require trusted advice from my financial advisor in

developing a savings plan to meet my goals while also preparing for a secure and

dignified retirement. This entails my advisor providing educational resources,

investment expertise, and personalized retirement planning advice. Under the DOL's

fiduciary proposal, however, that advice could only be provided for a fee, in the same

way that more affluent financial services customers pay for financial consultation. The

DOL rule would severely limit what advice, products, and financial outcomes I could

access - don't let DOL take away my chance for retirement security. I value my

relationship with my advisor and maintaining it is an important part of reaching my

financial goals. Your leadership is needed to ensure retirement savers like me can

continue to work with our chosen financial professionals, on our own terms, with

access to products and services that make the most sense for us based on advice

that we trust. Again, I urge you to intervene and advance a legislative alternative that

will ensure the DOL rule does not harm retirement savers. Thank you for your

consideration. Sincerely, Diana Marchesi Transamerica 2301 Connecticut Ave NW,

Apt. 2A Washington, DC 20008
#### § 38.3 Definitions.

See § 37.3 of this title.
From: lwbarrett@att.net [mailto:lwbarrett@att.net] 

Sent: Sunday, April 25, 2010 2:37 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 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, 

Leigh Barrett 

1226 SW Oakley 

Topeka, KS 66604
Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.

§ 40.255 What happens next after the alcohol confirmation test result? ( a ) After the EBT has printed the result of an alcohol confirmation test, you must, as the BAT, take the following additional steps: ( 1 ) Sign and date Step 3 of the ATF.
( 2 ) If the alcohol confirmation test result is lower than 0.02, nothing further is required of the employee. As the BAT, you must sign and date Step 3 of the ATF.
( 3 ) If the alcohol confirmation test result is 0.02 or higher, direct the employee to sign and date Step 4 of the ATF. If the employee does not do so, you must note this on the “Remarks” line of the ATF. However, this is not considered a refusal to test.
( 4 ) If the test is invalid, tell the employee the test is cancelled and note the problem on the “Remarks” line of the ATF. If practicable, conduct a re-test. (see § 40.271).
( 5 ) Immediately transmit the result directly to the DER in a confidential manner. ( i ) You may transmit the results using Copy 1 of the ATF, in person, by telephone, or by electronic means. In any case, you must immediately notify the DER of any result of 0.02 or greater by any means (*e.g.,* telephone or secure fax machine) that ensures the result is immediately received by the DER. You must not transmit these results through C/TPAs or other service agents.
( ii ) If you do not make the initial transmission in writing, you must follow up the initial transmission with Copy 1 of the ATF.
( b ) As an employer, you must take the following steps with respect to the receipt and storage of alcohol test result information: ( 1 ) If you receive any test results that are not in writing (*e.g.,* by telephone or electronic means), you must establish a mechanism to establish the identity of the BAT sending you the results.
( 2 ) You must store all test result information in a way that protects confidentiality.
exv10wr



 






Exhibit 10 (r)




December 21, 2005




Amendment to Alfred H. Racine III Employment Agreement

With Catuity Inc. Dated September 23, 2004

As Amended Effective September 7, 2005




The Employment Agreement of Alfred H. Racine dated September 23, 2004 and subsequently amended
effective September 7, 2005, with Catuity Inc. (“Agreement”) is hereby amended, as follows. All
terms and conditions in the Employment Agreement that have not been amended as part of this
Amendment shall remain in full force and effect.



The following paragraphs are added at the end of .Section 10 (a) Stock Options & Restricted Stock
Grant.:



If the stockholders vote to not approve the stock options and grants as provided above:



a. The stock options and grants will be valued by a competent valuation expert to be selected by
Catuity’s Board of Directors (.Board.). The appraiser will value each vesting-tranche separately,
according to such valuation criteria as the appraiser deems appropriate, however, the appraiser
shall consider the shares at market value and shall not consider the lack of liquidity or that the
shares are minority shares. To the extent possible and feasible, the valuation shall be as of the
anticipated vesting date.



b. As and when each tranche vests, it will be paid in cash (subject to payout terms below). Each
tranche is subject to forfeiture on the same terms that the underlying option or grant was so
subject.



c. The tranche shall be settled in cash. However, the tranche is payable over time if at the time
the tranche is payable, either (i) Catuity has not been cash-flow-positive for the immediately
preceding 9-month period, or (ii) the Board reasonably concludes that immediate payment would
unreasonably impair Catuity’s cash position (in light of its then cash position, and anticipated
sources and needs). If so, then Catuity will pay an amount of cash down as the Board reasonably
concludes will not unreasonably impact Catuity’s cash position and will pay the balance in equal
quarterly payments of principal and interest at the “applicable federal rate” as in effect at the
time the tranche vested, over a term not exceeding 20 quarters that the Board reasonably determines
as a fair balance between Catuity’s anticipated cash sources and needs, and Mr. Racine’s reasonable
expectation of prompt payment.



	 	 	 
	Signed: /s/ Clifford W. Chapman

	 	Signed: /s/ Alfred H. (John) Racine
	Clifford W. Chapman

	 	             Alfred H. (John) Racine
	Chairman, Compensation Committee

	 	President & CEO
	(By Order of the Board)

	 	             December 21, 2005
	December 21, 2005
	 	 







42
[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Notices]
[Page 4718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-447]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute, Notice of Closed 
Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel; Research Program Project in Vascular 
Inflammation.
    Date: February 26, 2007.
    Time: 10 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Four Points by Sheraton BWI Airport, 7032 Elm Road, 
Baltimore, MD 21240.
    Contact Person: Charles Joyce, PhD., Scientific Review 
Administrator, Review Branch/DERA, National Heart, Lung, and Blood 
Institute, 6701 Rockledge Drive, Room 7196, Bethesda, MD 20892-7924, 
301-435-0288, <a href="/cdn-cgi/l/email-protection#284b4247514b4d684640444a4106464140064f475e"><span class="__cf_email__" data-cfemail="e5868f8a9c8680a58b8d89878ccb8b8c8dcb828a93">[email protected]</span></a>.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel, Exploratory/Developmental Grants Phase II (R 
33's).
    Date: March 22-23, 2007.
    Time: 9 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 
Wisconsin Avenue, Bethesda, MD 20814.
    Contact Person: Keith A. Mintzer, PhD., Scientific Review 
Administrator, Review Branch/DERA, National Heart, Lung, and Blood 
Institute, 6701 Rockledge Drive, Room 7186, Bethesda, MD 20892-7924, 
301-435-0280, <a href="/cdn-cgi/l/email-protection#c3aeaaadb7b9a6b1a883adabafa1aaedadaaabeda4acb5"><span class="__cf_email__" data-cfemail="15787c7b616f70677e557b7d79777c3b7b7c7d3b727a63">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: January 25, 2007.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 07-447 Filed 1-31-07; 8:45 am]
BILLING CODE 4140-01-M


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-2396
RUDOLPH S. PAPESH, Plaintiff - Appellant, versusR. REX BROOKSHIRE, II, Maryland Worker's Compensation Commission Director of Administration; CHARLES J. KRYSIAK, Maryland Worker's Compensation Commission Chairman; STEPHEN ROSENBAUM, Maryland Worker's Compensation Commission Commissioner; MELVIN HIRSHMAN, Attorney Grievance Commission of Maryland Bar Counsel; WIL LIAM B. BOKEL, JR., Insurance Fraud Unit Corporal-MSP; THOMAS V. MIKE MILLER, JR., President, Senate of Maryland; WILLIAM DONALD SCHAEFER, Past Governor; STATE OF MARYLAND, Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, District Judge. (CA-95-1984-WMN) Submitted: February 13, 1997 Decided: February 25, 1997 Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.2 Rudolph S. Papesh, Appellant Pro Se. Lucy Adams Cardwell, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:Appellant appeals the district court's order granting Defendants' motion to dismiss his civil action in which he sought damages for alleged cons titutional violations in the course of workers' compensation proceedings. We have reviewed the record andthe district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Papesh v. Brookshire , No. CA-95-1984-WMN (D. Md. Sept. 3, 1996). 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
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.

§ 386.54 Administrative Law Judge. ( a ) *Powers of an Administrative Law Judge.* The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations to govern the conduct of the proceedings to ensure a fair and impartial hearing, and to avoid delay in the disposition of the proceedings. In accordance with the rules in this subchapter, an Administrative Law Judge may do the following: ( 1 ) Give notice of and hold prehearing conferences and hearings.
( 2 ) Administer oaths and affirmations.
( 3 ) Issue subpoenas authorized by law.
( 4 ) Rule on offers of proof.
( 5 ) Receive relevant and material evidence.
( 6 ) Regulate the course of the administrative adjudication in accordance with the rules of this subchapter and the Administrative Procedure Act.
( 7 ) Hold conferences to settle or simplify the issues by consent of the parties.
( 8 ) Dispose of procedural motions and requests, except motions that under this part are made directly to the Agency Decisionmaker.
( 9 ) Issue orders permitting inspection and examination of lands, buildings, equipment, and any other physical thing and the copying of any document.
( 10 ) Make findings of fact and conclusions of law, and issue decisions.
( 11 ) To take any other action authorized by these rules and permitted by law.
( b ) *Limitations on the power of the Administrative Law Judge.* The Administrative Law Judge is bound by the procedural requirements of this part and the precedent opinions of the Agency. This section does not preclude an Administrative Law Judge from barring a person from a specific proceeding based on a finding of obstreperous or disruptive behavior in that proceeding.
( c ) *Disqualification.* The Administrative Law Judge may disqualify himself or herself at any time, either at the request of any party or upon his or her own initiative. Assignments of Administrative Law Judges are made by the Chief Administrative Law Judge upon the request of the Agency Decisionmaker. Any request for a change in such assignment, including disqualification, will be considered only for good cause which would unduly prejudice the proceeding.
[70 FR 28485, May 18, 2005]
#### § 371.10 Duties and obligations of brokers.

Where the broker acts on behalf of a person bound by law or the FMCSA regulation as to the transmittal of bills or payments, the broker must also abide by the law or regulations which apply to that person.

[45 FR 68943, Oct. 17, 1980, as amended at 62 FR 15421, Apr. 1, 1997]
#### Mary A. Kennedy, *Plaintiff, v.*Henry J. Hull, Defendant.

Judgment ordered for plaintiff, with costs. Opinion

*Per Curiam.*