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Topic: Incorporate by reference

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	Opinion #5883 (Site not responding. Last check: 2007-10-15)
		Reference statutes are of frequent use to avoid encumbering the statute books by unnecessary repetition, and they have frequently been recognized as an approved method of legislation, in the absence of constitutional restrictions.
		However, where an act or provisions of an act which is incorporated by reference in a subsequent statute is altered or amended, then the sections intended to be altered or amended must be re-enacted and published at length pursuant to Const 1963, art 4, Sec.
		However, where an entire act or entire portions of an act are incorporated by reference in a later statute or act, which are amended or altered by a subsequent statute or act, such later provisions must be reenacted and published pursuant to Const 1963, art 4, Sec.
	www.ag.state.mi.us /opinion/datafiles/1980s/op05883.htm (1318 words)

	Rule 0-6 -- Incorporation by Reference in Applications
		Notwithstanding paragraph (a) of this section, a certificate of an independent public accountant or accountants previously or concurrently filed may not be incorporated by reference in any application unless the written consent of the accountant or accountants to such incorporation is filed with the application.
		In each case of incorporation by reference, the matter incorporated shall be clearly identified in the reference.
		NOTE: Prior to incorporating by reference any document as an exhibit to an application, applicants are advised to review section 10(f) [of the Securities Act] and section 10(d) [of the Exchange Act] as in effect at the time the application is filed to determine whether such incorporation by reference would be permissible under that rule.
	www.law.uc.edu /CCL/InvAdvRls/rule0-6.html (512 words)

	Untitled Document
		Incorporating by reference paragraphs l7, l9, and 20, plaintiffs Picciotto and Thomas claim that they have suffered the deprivation of their right to be expeditiously presented to a judicial officer, in violation of the Fifth Amendment.
		Incorporating by reference paragraph l4 and 22, plaintiffs claim that they been deprived of the right to be secure from unlawful searches and seizures in violation of the Fourth Amendment.
		Incorporating by reference paragraphs l2 through 39, plaintiffs claim that all named defendants have been actors in a concerted scheme which was designed to deny or hamper the exercise of constitutional rights to a class of persons, in violation of 42 USC Sections 1983 and 1985(3).
	www.prop1.org /legal/883130/881123.amcomp.htm (1803 words)

	Rule 411 -- Incorporation by Reference
		Financial information may be incorporated by reference to any document, provided any financial statement so incorporated meets the requirements of the forms on which the statement is filed.
		Unless the information is incorporated by reference to a document which complies with the time limitations of §228.10(f) and §229.10(d) of this chapter, then the document, or part thereof, containing the incorporated information is required to be filed as an exhibit.
		Any incorporation by reference of information pursuant to this section shall be subject to the provisions of Rule 24 of the Commission's Rules of Practice restricting incorporation by reference of documents which incorporate by reference other information.
	www.law.uc.edu /CCL/33ActRls/rule411.html (605 words)

	incorporate.cpp File Reference (Site not responding. Last check: 2007-10-15)
		References Line::end, Point::flags, Point_List::get_point(), intercept(), Point_List::next_point(), OCCLUDING_LEFT, Point_List::prev_point(), printf(), and Line::start.
		References distance_asr(), Point_List::first_point(), Point::flags, form_line(), Point_List::get_point(), Point_List::get_size(), _distanceNet::point, printf(), and UNKNOWN.
		References Point::flags, Point_List::get_index(), Point_List::get_point(), Point_List::get_size(), Point_List::next_point(), OCCLUDING_LEFT, OCCLUDING_RIGHT, Point_List::prev_point(), printf(), Point_List::remove_point(), UNKNOWN, UNSEEN, Point_List::update_flags(), Point::x, Point::y, and Point::z.
	www.cs.waikato.ac.nz /~mcc2/cogmap/html/incorporate_8cpp.html (399 words)

	US CODE: Title 35,112. Specification (Site not responding. Last check: 2007-10-15)
		A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
		A multiple dependent claim shall be construed to incorporate by reference all the limitations of the particular claim in relation to which it is being considered.
		An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
	straylight.law.cornell.edu /uscode/html/uscode35/usc_sec_35_00000112----000-.html (258 words)

	FR Doc 05-2746
		The incorporation by reference of the publication listed in the regulation is approved by the Director of the Federal Register as of March 16, 2005.
		The legal effect of incorporation by reference is that the material is treated as if it were published in the Federal Register.
		Incorporation by reference of a document or publication is limited to the specific edition, or specific edition and supplement or addendum, cited in the regulations.
	a257.g.akamaitech.net /7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-2746.htm (2283 words)

	[No title]
		As proposed, the incorporated provisions of 40 CFR 260.30 authorize the Department to grant a variance from classification as a solid waste for certain recycled materials or materials that are reclaimed and then reused or that have been reclaimed but that must be reclaimed further.
		The incorporated provisions authorize additional regulation of persons who accumulate or store lead acid batteries in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible.
		Appendix I for 40 CFR 270.42 Classification of Permit Modification The Board is proposing to incorporate by reference the federal regulation and its appendix regarding permit modification at the request of the permittee found in 40 CFR 270.42.
	www.dep.state.pa.us /dep/subject/eqb/1997/hazpre.doc (10251 words)

	Service Perspectives for the Digital Library (Site not responding. Last check: 2007-10-15)
		This suggestion (that remote reference activity is similar to face-to-face reference activity) should be tempered, however, by at least one author’s suggestions that the nature of remote access to library systems differs from access to the same systems from within the library.
		This model would incorporate both approaches: librarians would be encouraged to pick up incoming requests within their subject responsibility on a time-available basis, but a supervisor would be charged with checking for new requests at prescribed times, and assigning those requests to specific librarians.
		The reference librarians will incorporate the elements suggested in Abels’ model remote reference interview (with some of these stages potentially handled in the initial submission of the remote reference form): introduction and problem statement, question negotiation (where clarification is required), summary, and feedback.
	people.lis.uiuc.edu /~b-sloan/e-ref.html (8457 words)

	Comments on Incorporation by Reference Within Qualified Retirement Plans
		On the other hand, both the IRS and Congress recognize that incorporation by reference is appropriate in certain situations as illustrated by provisions of §1106(h) of the Tax Reform Act of 1986 and numerous items in the IRS Listing of Required Modifications (“LRMs”).
		Reference to outside documents is essential to the proper operation of any qualified retirement plan.
		Even in those areas where the Service arguably does not permit incorporation by reference (such as optional testing methods used in applying the ADP and ACP tests), there are gaps where, by necessity, one must refer to outside resources.
	www.asppa.org /archive/gac/2003/121503-incorp.htm (1968 words)

	EPA: Federal Register: Incorporation by Reference of ASME BPV and OM Code Cases
		Section 50.55a was last amended on September 22, 1999 (64 FR 51370), to incorporate by reference the 1995 edition of these codes, up to and including the 1996 addenda.
		Footnote 6 to 10 CFR 50.55a refers to the RGs listing code cases determined by the staff to be ``suitable for use.'' The publication dates and version numbers of the RGs are not specified in Footnote 6.
		The pumps and valves may meet the inservice test requirements set forth in subsequent editions of this code and addenda which are incorporated by reference in paragraph (b) of this section (or the optional ASME Code Cases incorporated by reference in paragraph (i) of this section), subject to the applicable limitations and modifications listed therein.
	www.epa.gov /fedrgstr/EPA-IMPACT/2002/March/Day-19/i6495.htm (4203 words)

	Criminal Resource Manual 218 Incorporation by Reference (Site not responding. Last check: 2007-10-15)
		The safe course to follow in incorporating material from another count is to employ the term "incorporate" unless the reference is otherwise clear.
		United States, 153 U.S. Incorporation should not be made to the point of incorporating the allegations of a count in one indictment into a count of a different indictment as was done in United States v.
		The same result was obtained when counts two and four of an indictment incorporated allegations of counts one and three, but the latter did not incorporate the allegations of the former.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm00218.htm (366 words)

	Formal Interpretations No. 6
		The issue of incorporation by reference has been raised most frequently in connection with the SEC documents required to be supplied by Item 4(a), although it might arise with other items as well.
		The Commission staff has taken the position that Forms which incorporate by reference information not supplied on, or documents not accompanying, the same Form will generally be deemed deficient within the meaning of § 803.10(c)(2) of the premerger notification rules, 16 C.F.R. § 803.10(c)(2).
		The staff is willing to permit incorporation by reference where filings by the same parties are made with respect to a higher notification threshold and are received by the enforcement agencies within ninety days after the earlier filings with respect to the lower threshold.
	www.ftc.gov /bc/hsr/frmlintrps/fi06.htm (493 words)

	Format Document
		B. The reference in the agency rules shall fully identify the incorporated matter by location, date and otherwise and shall state that the rule does not include any later amendments or editions of the incorporated matter.
		C. An agency may incorporate by reference such matter in its rules only if the agency, organization or association originally issuing that matter makes copies of it readily available to the public for inspection and reproduction.
		D. The rules shall state where copies of the incorporated matter are available from the agency issuing the rule and from the agency of the United States or this state or the organization or association originally issuing the matter.
	www.azleg.state.az.us /FormatDocument.asp?inDoc=/ars/41/01028.htm&Title=41&DocType=ARS (135 words)

	NARA - Federal Register - Code of Federal Regulations Incorporation by Reference
		If you are interested in obtaining more information about a standard, or a copy of a standard that has been incorporated by reference, you must contact the agency that issued the regulation that incorporated the standard.
		Incorporation by reference allows Federal agencies to comply with the requirement to publish rules in the Federal Register and the Code of Federal Regulations (CFR) by referring to materials already published elsewhere.
		Incorporation by reference is used primarily to make privately developed technical standards Federally enforceable.
	www.archives.gov /federal-register/cfr/ibr-locations.html?template=print (455 words)

	[No title]
		OAL stated that if the Board intended that these definitions incorporate by reference 40 CFR 89.2, the definitions should be modified to specify the date of adoption or amendment of 40 CFR 89.2.
		Resolution: The words “which is hereby incorporated by reference herein,” were added to paragraph (h)(1) to explicitly incorporate by reference the “California Evaluation Procedures for New Aftermarket Non-Original Equipment Catalytic Converters for Off-Road Vehicles, Engines, and Equipment,” adopted October 1, 1999.
		Finally, OAL references the Board’s response to a comment regarding Appendix B to support its determination that the regulatory effect of Appendix B is unclear.
	www.arb.ca.gov /regact/afteroff/adfsorafteroff.doc (3520 words)

	TLC Drafting Manual (Section 8.11)
		On occasion, a drafter may wish to reference or to incorporate by reference a rule, regulation, or statute that has not been enacted by the Texas Legislature, such as a federal statute or a statute enacted by another state legislature.
		With respect to referencing or incorporating by reference rules, regulations, and statutes other than statutes enacted by the Texas Legislature, this represents a new drafting policy for the Texas Legislative Council beginning with the regular session of the 79th Legislature in 2005.
		These references are found throughout the existing statutes, and drafters should not remove them when amending nearby law for the sole purpose of "cleaning up" the statutes.
	www.tlc.state.tx.us /legal/dm/sec811.htm (750 words)

	Rule 0-6
		(b) Notwithstanding paragraph (a) of this rule, a certificate of an independent public accountant or accountants previously or concurrently filed may not be incorporated by reference in any application unless the written consent of the accountant or accountants to such incorporation is filed with the application.
		(c) In each case of incorporation by reference, the matter incorporated shall be clearly identified in the reference.
		Note: Prior to incorporating by reference any document as an exhibit to an application, applicants are advised to review §228.10(f) and §229.10(d) of this chapter as in effect at the time the application is filed to determine whether such incorporation by reference would be permissible under that rule.
	www.moneymanagerservices.com /Laws/rule06.cfm (364 words)

	incorporation - Hutchinson encyclopedia article about incorporation (Site not responding. Last check: 2007-10-15)
		"Say, rather, that it is your own image, loveliest incorporation of perceptible incarnations," interrupted Tom, determined to go for the whole, and recalling some rare specimens of magazine eloquence-- "Talk not of images, obdurate maid, when you are nothing but an image yourself.
		Foot-it-to-heaven, "has refused, and will ever refuse, to grant an act of incorporation for this railroad; and unless that be obtained, no passenger can ever hope to enter his dominions.
		This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.
	encyclopedia.farlex.com /incorporation (245 words)

	[No title] (Site not responding. Last check: 2007-10-15)
		The reference in agency rules shall fully identify the incorporated matter.
		An agency may incorporate by reference such matter in its rules only if the agency, organization, or association originally issuing that matter makes copies readily available to the public.
		The incorporating agency shall have, maintain, and make available for public inspection a copy of the incorporated matter.
	www.leg.wa.gov /RCW/index.cfm?fuseaction=section&section=34.05.365 (70 words)

	[No title] (Site not responding. Last check: 2007-10-15)
		On March 2, 2001, the Attorney General specified the portions of the record that he proposed to incorporate in this proceeding ("Attorney General Specification").
		In addition, the Company opposes the Attorney General's request to incorporate by reference the briefs filed in D.T.E. id. at 2).
		D.T.E. 98-51 be incorporated by reference into the record of D.T.E. 99-66: Briefs of the Attorney General and the Company; Exhibits FGE-LMB-1, FGE-LMB-2,
	www.mass.gov /dte/gas/99-66/horulingmem.htm (653 words)

	Construction Law - The Compleat Lawyer - General Practice, Solo, and Small Firm Division (Site not responding. Last check: 2007-10-15)
		This contract is typically referred to as the general contract, and it establishes the rights and obligations of the most important parties of the construction project.
		While the owner's contract with the architect and the general contractor's subcontracts with its subcontractors can be significant, the general contract between the owner and the contractor provides the framework for everything that happens on the project (and in the courtroom).
		Most construction contracts incorporate by reference numerous additional contractual provisions known as "General Conditions." While some General Conditions are tailored to the particular construction project, in most cases the general contract will incorporate by reference American Institute of Architects Document A201 (1987).
	www.abanet.org /genpractice/compleat/w97men.html (1611 words)

	Exemptive Order: Order Granting Application for Exemptions Pursuant to Section 36(a) of the Exchange Act by the ...
		According to the ISE, the purpose of this incorporation by reference was to reflect the contractual relationship between ISE and NASDR whereby NASDR
		In December 1997, the Commission approved amendments to Rule G-35 of the MSRB in which the MSRB effectively incorporated by reference the NASD Code of Arbitration Procedure as of January 1, 1998.
		On October 1, 1998, the Commission granted accelerated approval to a proposal by the Phlx to amend its arbitration rules to incorporate by reference the NASD Code of Arbitration Procedure.
	www.sec.gov /rules/exorders/34-49260.htm (2182 words)

	Formal Interpretations No. 11
		This interpretation specified a narrow set of circumstances in which a person filing notification would be permitted to incorporate by reference in its initial filing documents submitted with an earlier filing and precluded such incorporation in all other cases.
		In the future, persons filing notification may incorporate by reference all SEC documents supplied with earlier filings which remain current and are called for in the subsequent filing.
		Item 4(a) of the Form requests specified documents filed with the SEC (or to be filed contemporaneously with the premerger notification filing) if any such documents have been filed within the three years prior to the date of the premerger notification filing and if copies of them are readily available to the filing person.
	www.ftc.gov /bc/hsr/frmlintrps/fi11.htm (429 words)

	THDL – Introduction
		It is intended to offer a quick orientation for the first time casual user, a systematic overview and in depth details for the serious user, and a consistant reference point for everyone about the current status and development of the library in its various elements.
		The reference resources will be fully integrated with the collections, so that users at any point within the Library can look up a term, person, place or movement.
		Finally, reference works are perfectly integrated with collections, so that users can go from a major essay to the dictionary, to a bibliographic reference, to a gazetteer entry, and then back to the essay again.
	iris.lib.virginia.edu /tibet/intro (3539 words)

	Welcome to CSX DirectInvest (Site not responding. Last check: 2007-10-15)
		The information incorporated by reference is an important part of this prospectus, and information that we file later with the SEC will automatically update and supersede this information.
		CSX incorporates by reference the documents listed below and any future filings made with the SEC under Sections 13(a), 13(c), 14, or 15(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), until CSX sells all of these securities.
		This prospectus, including documents incorporated by reference, contains forward-looking statements, which are typically identified by words or phrases such as “believe,” “expect,” “anticipate,” “project,” and similar expressions.
	www.csx.com /directinvest?fuseaction=prospectus.avail (578 words)

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