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EXHIBIT 31.2 CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Ryan T. Sims, certify that: 1.

          I have reviewed this quarterly report on Form 10-Q of HMS Income Fund, Inc.; 2.

          Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3.

          Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 4.

          The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: (a)

          Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; (b)

          intentionally omitted; (c)

          Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and (d)

          Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and 5.

          The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions): (a)

          All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and (b)

          Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.  Date: August 13, 2012

          

          By:/s/ RYAN T. SIMSRyan T. Sims Chief Financial Officer and Secretary
<PAGE>   1

                                                                    Exhibit 23.1

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of
our reports, included or incorporated by reference in this Form 10-K, into the
Company's previously filed Registration Statements on Form S-8, Registration
No. 33-31429, relating to the Company's 1989 Employee Stock Purchase Plan and
Registration No. 33-56251, relating to the Company's 1994 Employee Stock
Purchase Plan and Deferred Compensation Plan for Directors.

                                                             ARTHUR ANDERSEN LLP

Pittsburgh, Pennsylvania,
   March 27, 1997
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#### The STATE of Oklahoma, Appellant, v. Randy KUBIK, Appellee.

No. 71836.

Court of Appeals of Oklahoma, Division No. 4.

Jan. 30, 1990.

*478Robert H. Macy, Dist. Atty., Aletia C. Haynes, Asst. Dist. Atty., Oklahoma City, for appellant.

REIF, Judge.

The District Attorney of Oklahoma County appeals an order vacating a bail bond forfeiture and remitting the bondsman’s cash deposit. The bondsman moved for this relief on the ground that the defendant was “returned to constructive custody of Oklahoma County, Oklahoma, within the statutory time limits, by being placed in custody in Williamson County, Tennessee, and a hold being placed upon him.” In granting the bondsman’s motion, the court found “sufficient facts” supported the re-mitter, notwithstanding a specific finding that “defendant was not in custody on the date of the forfeiture.” The district attorney contends that the remitter was contrary to the express language of 59 O.S. Supp.1989 § 1332(E), because (1) the defendant was not in custody in another jurisdiction on the date of his failure to appear, and (2) the bondsman did not pay the expenses for his return. The bondsman has not filed a response to the petition in error or an answer brief and therefore is in default.

Upon review of section 1332(E) and the record, we hold that the judgment was erroneous, because the bondsman failed to state a statutory ground for remitter and the record fails to reflect compliance with the statutory conditions. Admittedly, section 1332(E) is awkwardly composed and addresses several unrelated subjects, and requires favorable construction to parties liable for bond forfeitures. However, a favorable construction cannot enlarge the grounds for remitter to include “constructive custody.” A defendant must be “returned to custody [of the forfeiting court] within ninety (90) days after payment is due.” The only other alternative is for there to be “proof to the [forfeiting] court that the defendant is still in custody [of another court] *and*all expenses [for the defendant’s return] have been paid by the bondsman.” (Emphasis added.) Additionally, in cases such as the instant one, where the defendant is not in custody on the date of the forfeiture, “sufficient excuse” must be shown for the defendant’s failure to appear. *See State v. Ebenhack,*748 P.2d 538 (Okla.Ct.App.1985); 22 O.S.Supp.1989 § 1108. Accordingly, the order of remitter is reversed and this cause is remanded for further proceedings for collection of the forfeiture.

STUBBLEFIELD, J., concurs.

BRIGHTMIRE, C.J., dissents.
**EXHIBIT 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2011 (the “Report”) of New Mountain Finance AIV Holdings Corporation (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Adam B. Weinstein, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:

 

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

 

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

 
|      | /s/ Adam B. Weinstein    |
|-----------|--------------------------|
| **Name:** | **Adam B. Weinstein**    |
| **Date:** | **August 23, 2011** |

 

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#### Alva Allen HARRISON, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

No. 89SC147.

Supreme Court of Colorado, En Banc.

Oct. 2, 1989.

Petition for Writ of Certiorari GRANTED.
FILED: October 2, 2018

AMENDED: November 27, 2018 ∗

PUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-1173 (L) 

(LRH-2015-592-GBR)

SIERRA CLUB; WEST VIRGINIA RIVERS COALITION; INDIAN CREEK 

WATERSHED ASSOCIATION; APPALACHIAN VOICES; CHESAPEAKE 

CLIMATE ACTION NETWORK

Petitioners

v.

UNITED STATES ARMY CORPS OF ENGINEERS; MARK T. ESPER, in his 

official capacity as Secretary of the U.S. Army; TODD T. SEMONITE, in his official 

capacity as U.S. Army Chief of Engineers and commanding General of the U.S. 

Army Corps of Engineers; PHILIP M. SECRIST, in his official capacity as District 

Commander of the U.S. Army Corps of Engineers, Huntington District; MICHAEL 

E. HATTEN, in his official capacity as Chief, Regulatory Branch, U.S. Army Corps 

of Engineers, Huntington District

Respondents

MOUNTAIN VALLEY PIPELINE, LLC

Intervenor

 ∗ The United States Army Corps of Engineers File Number is changed from LRH2015-582-GBR to LRH-2015-592-GBR.
2

O R D E R

PER CURIAM:

Petitioners ask this Court to set aside Respondent U.S. Army Corps of Engineers’ 

(the “Corps”) December 22, 2017, verification and July 3, 2018, reinstated verification that 

construction of the Mountain Valley Pipeline (the “Pipeline”) can proceed under the terms 

and conditions of Clean Water Act Nationwide Permit 12 (“NWP 12”), rather than an 

individual permit. Among other arguments, Petitioners assert that, in issuing its 

verification, the Corps improperly imposed one condition—requiring use of a “dry cut” 

method for constructing four river crossings—“in lieu of” a special condition imposed by 

the State of West Virginia, J.A. 232—that “[i]ndividual stream crossings must be 

completed in a continuous, progressive manner within 72 hours,” J.A. 43—as part of its 

certification of NWP 12. Construction of each of the four river crossings using the “dry 

cut” method is expected to take four-to-six weeks to complete.

Exercising jurisdiction pursuant to 15 U.S.C. § 717r(d)(1), we conclude, for reasons 

to be more fully explained in a forthcoming opinion, that the Corps lacked authority to 

substitute the “dry cut” requirement “in lieu of” West Virginia’s 72-hour temporal 

restriction. Accordingly, we VACATE, in its entirety, the Corps’ verification of the 

Pipeline’s compliance with NWP 12. See 5 U.S.C. § 706(2); 33 C.F.R. § 330.6(d) 

(explaining that if any part of a project requires an individual permit, then “the NWP does 

not apply and all portions of the project must be evaluated as part of the individual permit 
3

process.”). We reserve judgment on the parties’ remaining arguments until our 

forthcoming opinion.

FOR THE COURT

/s/ Patricia S. Connor

 Clerk
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