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Ditto Blog
10 Music Blogs You Should Be Reading
January 8, 2013
By now you know how important it is to keep up to date with the goings on within the music industry. There is a tonne of information being fired at us every hour regarding; technology, tips, promotion and much more. But how do you know what is credible and what is just hot air?
Here are 10 music blogs we think you should be reading in order to filter out the noise and get right to the important information. We'd recommend you spend at least an hour a day in between your every day tasks checking out these sites, scanning the headlines for interesting information.
Hypebot posts daily content for indie musicians and record labels. Their posts are often long but well worth reading, also check out the comments on their posts as these are nearly always interesting.
Not necessarily a blog but it has everything you need to know about digitalised music. You'll struggle to find sites that break news faster than these guys.
A blog for musicians written by musicians. Generally if you've thought about it they've written about it, a great musicians to musician site.
We aim to post helpful tips and advice for musicians to enable them to create sustainable careers, focussing on music marketing and technology. You can subscribe to our blog by clicking here.
Mostly unrelated to music but when it comes to marketing and thinking 'outside the box' Seth is a good read, just be sure to interpret his posts so that they are music relevant.
An entire community of music bloggers giving away their information and experiences. Managed by Hypebot, MTT will push the most popular and interesting blogs to their front page for you.
Advice for new and emerging artists with simple clear and informative posts. Usually monthly posts and all well worth a read.
A mixture of videos and text, Bob Baker writes advice based on music marketing and self promotion for indie artists and bands.
Passive Promotion focusses on "Set It and Forget it" music promotion, as well as posts on music production mastering and mixing as written by a mastering engineer and recording artist.
In their own words Make It In Music are "dedicated to helping musicians make it in their own terms." Covering everything from promotion to interview techniques.
There are other great blogs out there so if these don't fit for you then have a look around they're easy to find. We'd also recommend following these blogs on Twitter, so you not only have their headlines amongst your feed but also see what accounts and websites they interact with.
Have you got a favourite music blog that wasn't featured above? Let us know by tweeting us!
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subset: commoncrawl


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Connecticut special-education teacher Anthony Mullen has been named National Teacher of the Year and will be honored during a White House ceremony today. Mullen was selected in part for his ability to connect with his students. "He establishes rapport with students who have not been able to develop relationships with other adults in school, and in many cases, at home as well," wrote Sharon Turshen, Greenwich's assistant director of pupil personnel services, in a statement.
Full Story:The Hartford Courant (Conn.)


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G2D Games
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Game Name
Around the Streets
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Click Here to Play
Game Details :
Around the street is new type of car drive game created by Games2rule.com. Find the 3 studios in a city by around the street road. You have to find the studio path (way) within the time limits, otherwise game comes to an end. Use hint option to known which direction the studio located. Finish the game quickly and get more scores.
New Games
Halloween Holiday Cost
Halloween Creepy Makeo
Halloween Costume Idea
Holiday Tour Makeover
Voguish Beauty Makeove
Middle School Dress Co
Beauty Fascination
Medieval Castle Maid
New Party Dress up
Trendy Haircut
Biker Babe Outfits
Indian Glowing Makeup


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- Description
DetailsThis Salt Life Hibiscus Dog Collar features an adorable hibiscus print for a playful look and a heavy duty, ribbon and webbing design for comfort. This dog collar will secure your dog in style! Made of heavy duty, strong stitching Includes tough coordinating hardware Features a contoured side squeeze buckle for a quick fit Pair with the matching leash, sold separately, to complete the look. Adjustable collar fits neck sizes 18"-28".
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Writing a short poem about a book is an effective way to summarize a topic, theme or character in an artistic way. Poetry is descriptive and emotional, so you can focus on elements of the book that inspired, intrigued or moved you. You won't be able to summarize the entire book in your short poem, so focus on one element, character or theme that stood out. Use alliteration, metaphors and symbolism to make your poem come to life.
Themes and Morals
Focus on a central theme or a moral to the story when you write your short poem. Opt for a blank-verse style if you want your poem to have a consistent rhythm and meter or use a free-verse style if you prefer word images that flow smoothly but don't follow specific patterns. Discuss how the themes set the tone and mood for the book. For example, if you're writing a poem on "The Scarlet Letter" by Nathaniel Hawthorne, your poem should discuss themes that center on isolation, ridicule and judgment. A stanza may read, "The badge she wore upon her chest did ache with hateful words. The burning brand of judgment's wrath had left her all alone."
Character Analysis
Write a poem that offers an analysis of one of the main characters of the book, such as the protagonist or the antagonist. Discuss how the character changes over time to become a better person or a more threatening menace. Use rhyming words and alliteration -- repetitive letters and sounds -- to create traditional poetic verse. For example, if your poem is about the book "The Adventures of Huckleberry Finn" by Mark Twain, write a character analysis of Huck. A stanza might read, "Huck doesn't come from wealth or fame and lacks the things so fine. But in a world of racist rogues, his values are divine."
Conflict Resolution
Discuss the book's central conflict and resolution in your poem. Use couplets or quatrains -- two- or four-line stanzas -- to help your poem flow smoothly. Your poem should give enough information for readers to understand the underlying conflict, without spelling it out word for word. Poetry allows readers to speculate on deeper meanings behind the words. For example, if your poem is on the book "The Great Gatsby" by F. Scott Fitzgerald, you might include a couplet, such as "Gatsby's love for Daisy brought him endless nights of sleep. But when his final hour came, her love he could not keep."
Symbols or Imagery
Include imagery, symbolism, metaphors and similes in your poem. These elements help poems stand out from ordinary book reports. Use imagery to describe the setting and include metaphors to explain the plot. For example, if you're writing a poem about Suzanne Collins' book "The Hunger Games," use imagery to describe the forest where the games take place. A line might say, "The forest loomed over Katniss like an owl searching for its prey," or "The dark woods covered Katniss like a smothering blanket."
- Purdue Online Writing Lab: Writing About Poetry
- Mississippi Gulf Coast Community College: Learning Lab Tips on Critical Analysis -- Poetry
- The Scarlet Letter; Nathaniel Hawthorne
- The Adventures of Huckleberry Finn; Mark Twain
- The Great Gatsby; F. Scott Fitzgerald
- The Hunger Games; Suzanne Collins
- Photo Credit XiXinXing/XiXinXing/Getty Images
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Actual rating will vary with options, driving conditions, habits and vehicle condition.
This Chevrolet includes:
Today's luxury vehicle is not just about opulence. It's about a perfect balance of performance, comfort and attention to detail. This 2017 Chevrolet Silverado 1500 is the perfect example of the modern luxury. This 4WD-equipped vehicle will handle majestically on any terrain and in any weather condition your may find yourself in. The benefits of driving an Four Wheel Drive vehicle, such as this ChevroletSilverado 1500 High Country, include superior acceleration, improved steering, and increased traction and stability.
Put away your phone and focus on the road, your new vehicle has navigation. Marked by excellent quality and features with unmistakable refined leather interior that added value and class to the Chevrolet Silverado 1500
If you're in the market for an incredible Chevrolet featuring an Entertainment package that will surely keep your passengers enthralled, then you'll definitely want to check out the Chevrolet Silverado 1500 High Country.
* Advertised vehicle price includes all dealer rebates and dealer incentives. Customers may have to qualify for some rebates. Please call dealer for more details.
Estimated Monthly Payment will depend on vehicle make and model and will be determined upon actual vehicle inspection. All payments are estimates. Tax, title and any other fees are extra.


text: The General's Son, Journey of an Israeli in Palestine is a journey from fear and hate towards trust and empowerment. How is that journey possible? Can others learn from this journey and apply to their own experience? The son of an Israeli general ventures into the heart of the West Bank and Gaza and finds inner peace and empowerment that transcends the boundaries of "us" and "them." Beyond the perceived lines of state borders and old animosities lie eternal truths, that there is more that unites us than that which divides us. Your audience will be taken through this journey, learn to take similar journeys and feel the freedom that comes with it.


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Disclaimer Information: Please confirm with seller accuracy of information. Mileage recorded at time of listing. Taxes and license are not included in listing price.
The Audi A3 is a practical, compact five-door hatchback. The A3 is very fuel-efficient. Yet it is also very fast and powerful, with a premium black leather interior. Amazing AUDI sound system with Audio input. A3 delivers excellent driving dynamics from superbly engineered powertrain, suspension and braking systems. The Audi A3 2.0 TFSI is powered by a turbocharged 2.0-liter four-cylinder engine, rated at 200 horsepower and 207 pound-feet of torque, which drives the front wheels. 6-speed manual transmission the premium only gas-powered A3 2.0 TFSI is EPA-rated at 21 mpg City, 30 mpg Highway
Let a CarProof report help you make an informed purchase decision. Enter your email below to ask the seller to send you a CarProof report.
By clicking "Send Email to Seller", you agree to our terms of use and privacy policy. Your message will be emailed to the poster and not made public.
Avoid fraud by meeting all sellers in-person to pay for items, autoTRADER.ca does not offer any transactions or payment services.


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ERIC Number: ED165245
Record Type: RIE
Publication Date: 1976-Jun
Pages: 44
Abstractor: N/A
Reference Count: 0
Patterns of Participatory Management in Schools.
Robinson, Norman
This study attempted to determine the actual and preferred decision-making levels of teachers and principals in schools. Subjects included approximately 30 principals and 675 teachers from elementary and secondary schools in a large suburban school district in Vancouver, British Columbia. Subjects completed a questionnaire on decision-making in their schools. Among the findings to emerge from the study was that both elementary and secondary teachers desired more decision-making in schools. Principals and assistant principals were identified as making more decisions that any other group and were on the whole satisfied with their levels of decision-making. Teachers believe that principals' involvement in decision-making is larger than principals perceive it to be, and, conversely, principals believe teachers to have more involvement in decision-making than teachers believe they have. This study confirms the results of earlier studies that showed that preferred levels of teacher participation in decision-making are greater than actual levels of decision-making. It also confirmed earlier findings that teachers' desire for participation in school decision-making varies with the decisional area. The study suggests that more collegial decision-making systems in schools will produce greater teacher satisfaction and organizational productivity. (Author/JM)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: British Columbia
Note: Paper presented at the Annual Conference of the Canadian Association for the Study of Educational Administration (Quebec City, Quebec, June 1976)


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Check out the December Header Spotlight Contest!
See our Christmas Badge Event!
Come vote in Feral Front's 2016 Choice Awards!
ToES has HP Try-outs! Some groups to check out are: The Elite, The Foundation, and StormClan!
The Writing Winner is: Art.
|Chat | September gathering | Getting started | Purchase Thread/Clan Advertisement


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Check in from 2:00 PM / Check out prior to 11:00 AM
Podere Passatore Hotel Narni: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Narni, Italy.
Situated in the Umbria Wine Region, Podere Passatore Hotel Narni is the perfect base for those wanting to visit the area's well-known wineries.
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The hotel has cosy rooms, designed to fit the needs of any traveller.
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text: PhysicsParticle PhysicsRelativityGeneral RelativityDoppler Shift33818 Doppler effect Add Remove The predominant frequency of a certain police car's siren is 1550Hz when at rest. What frequency do you detect if you move with a speed of 30.0m/s (a) toward the car, and (b) away from the car? $2.19 Add Solution to Cart Remove from Cart Related Solutions Physics lab experiment on Doppler shift ... circle. You should be hearing the Doppler effect. ... circle. You should be hearing the Doppler effect. Experiment I - Data Analysis. ... Two problems on Doppler effect of sound Two problems on Doppler effect of sound. (See attached file for full problem description). --- 20.36. ... Hz Solution This problem involves Doppler effect. ... Physics: Energy conversions, mechanical energy, elastic vs inelastic, initial speed, torques, energy required, angular speed, doppler effect Physics: Energy conversions, mechanical energy, elastic vs inelastic, initial speed, torques, energy required, angular speed, doppler effect. ... The solution to Doppler effect ... Doppler's effect Doppler's effect is about apparent change in the frequency of sound wave as observed by an observer when the source of the wave and the ... Doppler's Effect: Apperent change in frequency Doppler's Effect: Apparent change in frequency. Please see the attachment. I have ... listener? Few Points to remember about Doppler's effect. 1 ... Applications of the Doppler Effect Applications of the Doppler Effect. ... I have made some comments on the second problem. This solution provides solutions to questions the apply the Doppler effect. ... Derivation of relativistic Doppler shift Derivation of relativistic Doppler shift. (See attached file for full problem description). My question is that 'Induct this relativistic Doppler shift.'. ... Doppler Effect Problems Doppler Effect Problems. ... If you want to know the explanation of Doppler effect in detail, with number of sketches and figures, just see it in another document. ... Velocity transformation/relativistic doppler effect Velocity transformation/relativistic doppler effect. ... In part b, if I use the relativistic Doppler Effect, I have two unknowns: f_O = (?1- v/c / ?1 + v/c) f_S. ... 2 Problems on Wave Motion: Doppler effect, sound waves 2 Problems on Wave Motion: Doppler effect, sound waves. ... Two solution with Doppler effect and equation and graphs of sound waves are explained. ... View More


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Sun Protection
Fun in the Sun: Protecting Your Skin for Sunburns and Skin Cancer (INFOGRAPHIC)
This pin shows the facts and risks of sun exposure. This image also explains the good in a little bit of sun light such as vitamin D and oxygen in our bodies.
Just because it's Autumn doesn't mean you should stop protecting your skin! (Courtesy of Pico Prince)
Decode Your Sunscreen Bottle via Shape || With all of the labeling on sunscreen packaging, it's important to know what you're getting and if it's suitable for your needs. It's also important to reapply often and to use the correct amounts. Thankfully, here's an infographic for that!
Our sunscreen superhero, SUPER SPF educates families on the importance of sunscreen, how to apply it properly and to wear sun protective clothing.
Health Infographic Gallery – Nomad Creatives
Sun Safety Alliance: Sun Protection Essential Even On Cloudy Days #Revaléskin #NaturalDefense
M'O Exclusive: Glass x Cover Swim Collaboration Resort 2016 on ModaOperandi
Sun Safety in Boating Infographic for important sun safety and sun protection facts on a boat - the only sun safety infographic specific to recreational boating!
While most apply a little sun cream during the summer months when the sun is strongest, your skin can still suffer UV-related damage in the cold, dark days of winter. That's why you need to ensure you're wearing sun protection 365 days a year. http://www.effortlessskin.com/blog/2013/03/why-sun-protection-should-be-used-365-days-a-year-infographic/


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Sebastian Shaw (Yost series)
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|Sebastian Shaw (Yost series)
|Black King
|Appeared in
|Wolverine and the X-Men: Foresight
Sebastian Shaw is a mutant with the ability to absorb almost any type of energy and transform it into raw strength.
Wolverine and the X-Men: Foresight
To be added
- Shaw appears to be similar to his comic counterpart, though his desire to control the Phoenix seems to have evolved from the original intent of the Inner Circle, to destroy the Phoenix.


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The week of Suzuki Nine Knights is all about documenting the insane action of some of the world's best riders. One of the most interesting angles to get some perspective of the massive course is from the GoPro's attached to helmets, shoes, poles etc... Filmed 100% with GoPro at the 2015 edition at Mottolino Fun Mountain in Livigno, Italy, this edit features some gnarly shots from the cams of snowboarders like Sage Kotsenburg (USA), Halldor Helgasson (ISL) and Kevin Backström (SWE) as well as skiers such as David Wise (USA), Jesper Tjäder (SWE) and Oystein Braaten (NOR). More info on www.nineknights.com.
SKIER TRASH ® - Keep you mug warm & hidden on urban assaults in the D.I.Y. til Death Full Face T-Bog. Burley Made-In-USA construction equipped w/ 40g 3M Thinsulate. Checkout Skier Trash Fog McKee doing just that in #MethBabies2 video!
SHOP -> http://skiertrash.com/search?type=product&q=full+face
VIDEO -> http://skiertrash.com/blogs/ski-zine/63941187-watch-now-sts-fog-mckee-speedy-pete-in-meth-babies-2
The construction of the 2016 Suzuki Nine Queens castle has begun in Serfaus-Fiss-Ladis, Austria. The 3D models will be transformed into snow ready for the all-female supersession taking place 13th to 18th of March 2016. Joining the world's best, invited skiers and snowboarders are the "Become a Queen" online video competition winners Johanne Killi (NOR, Ski) and Julia Marino (USA, Snb) who demonstrated solid technique, style and creativity. Don't miss the Big Air Contest on Friday, 18th of March.
#GoProPark resort competitionBear Mountain, Northstar California Resort, Park City Mountain Resort and Sun Valley, Idaho are participating in a resort comp
Name: Ahmet Dadali Profession: Freeskier Sponsors: Volkl Marker USA, Spy Optics, TME energy, Blue Tomato, La Fa Home Town: From Canandaigua NY B.O.B: Who are your favourite skiers in the game at the moment? Ahmet: For me personally, they include Mike Hornbeck, Henrik Harlaut, and N B-Dog. B.O.B: Who were your earliest influences as a skier? Ahmet: David Crichton always influenced my street skiing, just from the very beginning, He took a full on different approach to the way he hit things and stood out like crazy. B.O.B: What are your thoughts on the current state of the ski industry? [...]
The Newschoolers Tell a Friend Tour kicked off the new year with back to back stops in Killington and Bolton Valley. Andy Parry, Khai Krepela, Ian Compton, Ross Imburgia, and a plethora of regional Line riders joined up with a strong local crowd for a weekend of on-and-off-hill fun.


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By SARS Legal & Policy
There is a steady increase in email scams and phishing attacks in which the SARS brand is being abused. Members of the public are randomly emailed with false "spoofed" emails made to look as if these emails were sent from SARS, but are in fact fraudulent emails aimed at enticing unsuspecting tax payers to part with personal information such as bank account details". Examples include emails to appear to be from firstname.lastname@example.com, or email@example.com indicating that tax payers are eligible to receive TAX refunds. These emails contain links to false forms and false websites made to look like the "real thing", but with the objective to fool people into entering personal information such as bank account details which the criminals then extract and use fraudulently.Please note these are scams and SARS taxpayers should take note of the following:
To report or to get more information on phishing, please send an email to email@example.com or call the Fraud and Anti-Corruption Hotline on 0800 00 2870.
For the information on the latest phishing/scam emails, click here.
2016/12/062016 Webinar: Tax Risk Management
2016/11/28When is an error a bona fide inadvertent error?
2016/11/28The price is not right: Advertising and the VAT Act
2016/03/24Can SARS limit legal professional privilege?
2015/10/23All tax practitioners can now book SARS appointments online
Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.
The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.


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Edge Lumber Co Inc
10800 Lock 17 Rd Adger, Alabama 35006(205) 491-2957
Print | Save | Directions
AboutEdge Lumber Co Inc is located at the address 10800 Lock 17 Rd in Adger, Alabama 35006. They can be contacted via phone at (205) 491-2957 for pricing, hours and directions.
Edge Lumber Co Inc has an annual sales volume of 1M – 1,999,999. .For more information contact Keith Edge, President
For maps and directions to Edge Lumber Co Inc view the map to the right. For reviews of Edge Lumber Co Inc see below.
Business Features
- wholesale
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Key Contacts
- Keith Edge
- Phone: (205) 491-2957


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Multicolor Stripe Textured Knit Bodycon Dress
Have questions? Or looking for something specific?
Unlined form-fitting bodycon dress. ÌÎ_̴ÌàÌÎ__Rounded neckline. ÌÎ_̴ÌàÌÎ__Mid-length sleeves. ÌÎ_̴ÌàÌÎ__Hidden back zip closure. ÌÎ_̴ÌàÌÎ__Retails for $1,550.
Join our mailing list to access a first look at our fabulous finds!
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Home | Make an Appointment | For Medical Professionals
August 25, 2015
AUSTIN, Minn. — Mayo Clinic Health System in Albert Lea and Austin recently welcomed Buck Bania, M.D., to the Family Medicine Department on the Austin campus.
Dr. Bania received his medical degree from Ohio State University College of Medicine in Columbus, Ohio, and completed his residency at the Mayo Clinic School of Graduate Medical Education in Rochester, Minnesota. To schedule an appointment with Dr. Bania call 507-433-8758.
Tami Yokiele-mail: email@example.com: 507-434-1706
Learn how your generositycreates the future of medicine.
© 2012-2015 Mayo Clinic Health System Notice of Nondiscrimination Notice of Privacy Practices Terms of use


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*** *** Week 4 ****
Attached: SRM 320 Week 4 quiz.zip
$7.79Buy an answer
This pack of SRM 320 Week 4 Quiz includes answers to the next questions:
1. The physical education office in a school should be located:
2. A school employee would not usually be considered liable:
3. Surveys show that premiums for school insurance are paid by:
4. The principal of governmental immunity:
5. Lawsuits claiming a violation of a student
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iPhone apps
TreasureBox - Collections Made Easy!
A beautiful app made to be personalized! TreasureBox makes cataloging your valuable collectables extremely fun and easy. Your collectables are no longer forgotten. Organize and showcase your collectables with TreasureBox now!TreasureBox combines….. Read more
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FS407LXCSS 20" 2.8 cu.ft. Capacity Under Counter Upright Freezer -20 Degree Capable Manual Defrost Pull-out Drawers: Stanless
Home > Appliances Connection > Appliances > Freezers > Upright Freezer
|SUMMIT39s FS407LBI Series features a quality selection of 20 wide all-freezers for built-in installation under counters The FS407LXCSS is a manual defrost all-freezer with 28 cuft capacity Four pull-out drawers with clear fronts offer convenient stor...
$25 Off Appliances Connection Coupon Code - Use SAVE25 at checkout on select purchases for a limited time.
Only $989.00 at AppliancesConnection.com


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Slide to see the images
Date of birth~7/27/16.
Photos taken on 9/28/16.
Super sweet kitten!
He is neutered, treated for fleas & worms, microchipped, tested negative for FeLV/FIV & vaccinated for RCP and Rabies.
Adoption fee $150 includes the microchip registration.
If you would like to meet this wonderful kitty as well as many other cats on the web site, call RescueCats at 678-817-9647 or Jerri at 404-304–9210, or e-mail firstname.lastname@example.com or Jerri at email@example.com --
You may also visit the RescueCats web site at www.rescuecats.org and see all of the other cats in the Kitty Photo Gallery.


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Learn more about what you receive with purchase of this case.
SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 21, 2008
DEBBY S. REISS, PLAINTIFF-RESPONDENT,v.MICHAEL G. REISS, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (Philip A. Litteer, R.), entered September 13, 2006. The order, inter alia, directed defendant to reimburse plaintiff for defendant's pro rata share of the uncovered medical expenses of the parties' children.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
By order to show cause, plaintiff sought, inter alia, reimbursement for defendant's pro rata share of the uncovered medical expenses of the parties' children, modification of the divorce judgment to require defendant to contribute to the college expenses of the parties' daughter, and an award of counsel fees. We reject the contention of defendant that the Referee erred in directing him to reimburse plaintiff the sum of $4,896.88 for the children's uncovered medical expenses. Pursuant to the parties' stipulation, which was incorporated but not merged into the judgment of divorce, defendant was obligated to pay his pro rata share of the children's uncovered medical expenses and, contrary to defendant's contention, the stipulation did not deviate from the provisions of the Child Support Standards Act (see Domestic Relations Law § 240 [1-b] [c] [5]; see also Matter of Wolf v Wolf, 293 AD2d 811, 813-814).
Contrary to the further contention of defendant, the Referee properly ordered him to contribute 85% of the college expenses of the parties' daughter, "based upon the tuition and expense schedule currently in place for the State University of New York College System . . . ." Although the college expenses of the parties' daughter were not addressed in the stipulation, "[i]n certain circumstances, a parent may be required to contribute to a child's higher education expenses even in the absence of an agreement to do so" (McDonald v McDonald, 262 AD2d 1028, 1029; see Matter of Naylor v Galster, 48 AD3d 951, 952-953; Matter of Holliday v Holliday, 35 AD3d 468, 469). Factors for a referee or court to consider include the parents' educational background, the child's scholastic ability, and the parents' ability to pay (see Fruchter v Fruchter, 288 AD2d 942, 943). Here, both parents were college educated, their daughter was performing well in college, and the Referee properly determined the appropriate percentage with respect to defendant's ability to contribute to her college expenses. We reject the contention of defendant that the Referee erred in failing to award him a credit against his basic child support obligation for his contribution toward the college expenses of the parties' daughter (see generally Pistilli v Pistilli, 53 AD3d 1138, 1139-1140).
Defendant further contends that the Referee erred in awarding plaintiff counsel fees because she had not signed a new retainer agreement prior to making her postjudgment application for counsel fees. We reject that contention inasmuch as the initial retainer agreement was executed in anticipation of the need for postjudgment litigation, and thus there was substantial compliance with 22 NYCRR part 1400 (cf. Mulcahy v Mulcahy, 285 AD2d 587, 588, lv denied 97 NY2d 605; see generally 22 NYCRR 1400.2, 1400.3). Finally, we reject defendant's contention that the Referee abused his discretion in awarding plaintiff the sum of $14,339 in counsel fees.
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Really Fun Board Game
Here's an image from a super-fun Spanish board game called Loto de Socorrismo.
Learning how to make your little brother vomit is only one of the many exciting aspects of Loto de Socorrismo. You can also chop your fingers off, or get set on fire! This is truly one of the best educational games on the market.
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Plantronics U10P-S Handset Audio Cable AdapterTelephone Headsets & Accessories
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Plantronics U10P-S Handset Audio Cable Adapter - Connect your headset to your phone. U10 for headset port connection. U10P-S for handset port connection.View Product Specs
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Q:Will this work on A NEC DTERM SERIES E / SERIES I phone. The product that I have is a Plantronics H141NAsked on 4/14/2015 by NICK from Gainesville, FL
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Connects MacBook, MacBook Pro, or MacBook Air with Mini DisplayPort to Apple Cinema Display, flat panel monitor, HDTVs, STB, DVD or projector with HDMI video port. Also works with PC/Windows computers with high-end video add-on cards that provide Mini DisplayPort. ...
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Q & A Library
Baby Carrots: Bad for You?
I recently received an email warning about eating baby carrots because they are washed in chlorine when they are processed. Is this a legitimate concern?
Answer (Published 8/12/2011)
No. The warning you received is an Internet hoax that has been circulating for a few years. First, a definition: when we speak of baby carrots, we're referring to those uniformly short pieces of carrot packaged in plastic bags. They're not true "baby" (immature) carrots, which are sometimes sold with some of their greens attached to show that they're the real deal. In reality, they are actually cut and shaped pieces of large carrots.
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Baby carrots were introduced in the 1980s by a California farmer who wanted to salvage twisted and knobby carrots that were being thrown away as too unattractive to sell. Misshapen carrots can amount to as much as a third of a farmer's crop; discarding them represents a significant loss. At first, baby carrots were cut and sliced by machine from the otherwise unsalable carrots, but today, they come from carrots specially bred for sweetness and uniform orange color.
It is true that these cut-and-shaped carrots are rinsed in a chlorine wash to eliminate bacteria (including E. coli and Salmonella) that can cause food-borne illnesses. Afterward, they're rinsed again with potable water to remove the chlorine. Most other pre-cut vegetables and fruit are treated the same way. If the e-mail warning you received said that the white film that develops on stored baby carrots is the "chlorine rising to the surface," that's not true either. The film is a result of the dehydration of the cut carrots – you would see the same thing if you cut a regular carrot and stored it in the refrigerator.
I'm not a fan of baby carrots because I don't like their taste. I prefer organic whole carrots. But there's no health reason to avoid baby carrots if you like them. Look for organic ones. To give them their due, since baby carrots were introduced, carrot consumption in the U.S. has increased 33 percent.
Andrew Weil, M.D.
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Prices, specials, features and availability subject to change.
Gorgeous 3 bedroom/2 bath single level home with a gorgeous ocean and mountain view! Beautiful spacious kitchen with pine cabinets, sub-zero fridge and granite counter tops that opens to living room with large windows overlooking the patio, yard and amazing view! Glazed terracotta tiles run throughout the main areas of the house creating a warm rustic ambiance (bedrooms are carpeted). Additional amenities include washer/dryer in garage and outside shower with hot water! Located on a cul du ...
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ISSUES AND ARTICLES MOST READ eTOC
Official Journal of the Italian Society of Vascular and Endovascular Surgery
Indexed/Abstracted in: EMBASE, Scopus
Frequency: Quarterly
Online ISSN 1827-1847
Jegathesan T. 1, Narayanan S. 2
1 Surgical Resident, Tan Tock Seng Hospital, Singapore;
2 Vascular and Endovascular Surgery, Tan Tock Seng Hospital, Singapore
There are many published guidelines which aim to direct the clinical management of patients after vascular access surgery. However, there is little evidence to suggest the optimal surveillance strategy following vascular access surgery. Screening tests used for vascular access surveillance include measurements of recirculation, static and dynamic venous pressures. Surveillance may also be performed by Doppler ultrasound (DUS) for the detection of stenosis or monitoring of access blood flow (Qa) which may be done by DUS, a variety of dilution techniques or magnetic resonance angiography (MRA). Here we review the available literature to guide surveillance after vascular access surgery. Evidence exists for regular clinical review of AVGs with dialysis pressures monitoring and for failing grafts to undergo ultrasound assessment. Using access flow improves detection of thrombosis. A Duplex of the fistula 6 to 8 weeks postcreation is recommended to assess the viability. PTFE upper limb grafts should be followed up with 3-monthly Duplex ultrasonography.
language: English


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This is your resource to discuss support topics with your peers, and learn from each other.
Not sure where to place this question but this looks like the most likely forum for it.
I am creating an HTML mail with a Domino agent which includes text I would like to be hidden from the Blackberry user and so I am trying to do this by setting the font colour to white:
So I am using:

"text goes here"
 in order to do this in the email.
This works fine in the Notes client display but not in the Blackberry display. On the Blackberry I see text greyed out and fainter but still legible. Does anyone know a way round this. I have tried various things e.g.
1)
text goes here

2) also put it in a table and using css styles or just text="white" inside td tags and table tags etc - but text displayed in black like on main page
I just had this problem, too. I'm including a color coded summary in the body of the e-mail with the detailed report attached. The body will have the overall yield in green for >= goal or red for < goal. Anyhow, after playing with the html tags in the body of the e-mail, I finally got the text to display as desired on our blackberry devices. Here's a sample of one of the blocks of code:

Nails Final: 382/382 =
100%

You should be able to modify above to whatever you need it to say. I hope this helps.


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Enrique Iglesias Performing in OTHER Thanksgiving Football Halftime Show
Add Enrique Iglesias to the list of people getting shafted by Nickelback this Thanksgiving. Ever since people started bitching about the Canadian band performing at halftime of the Lions-Packers matchup, it might seem that this is the only NFL on Thanksgiving -- or of the whole season.
Updated: Video of Enrique's halftime performance is below.
Miami Dolphins fans know different. Hometown hero Iglesias is bringing some South Florida spirit to the Cowboys Stadium, but we're hearing so darn much about software blocking Nickelback on our computers and Mayer Hawthorne hatching his own rival halftime performance that just focusing on Enrique seems very, very difficult.
We WILL watch Enrique, and will update you on it here.
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Lindsay Lohan Strikes Again at Fashion Week
This time there was glass-throwing and sucker-punching.
Lindsay Lohan continued on her path of Fashion Week mayhem at last night's V Magazine Black and White Ball at the Top of the Standard. The crowd (which included Alexander Wang, Carine Roitfeld, and Rachel Zoe) seemed to be in good spirits, when Lohan, without warning, rose from a banquette in a sunken section of the club (where she was sitting with her swashbuckling compatriot from Cynthia Rowley's show) and sent a drink — still in its glass — sailing over the wall and directly at a cocktail waitress.
Earlier: Lindsay Lohan Continues Her Fashion Week Tear
The Fug Girls: Lindsay Lohan Nearly Causes Riot at Cynthia Rowley


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I've been really lucky to see my 16 (going on 17) year old niece recently. We've talked a lot about the woes of high school, all the crazy hormones your body dumps on you, and finding your place and voice. It has brought me back to when I was her age and all of the insecurities I used to feel and the pressures I often would crumble under. I also had a feverish youngest of 5 rebellious streak that hated anything mainstream. I often would read Seventeen Magazine and Y&M (do they still make that??), and have two conflicting thoughts: "Wow, I want to look like that" and "All of this is STUPID! Why do people buy into this??" I wish I could say I didn't have body image issues at that age, but I totally did. I had a weird feeling I would grow into my looks (which I think has turned out true), but I hated my thigh and hip region. Yay for self loathing as a teenage girl, the scar (not battle wound) of living in a Western society.
Sometime during high school, a friend gave me a copy of a mix tape from her boyfriend. It had all sorts of music I was not hearing on local Minnesota radio ranging from hard to find Garbage B-Sides (Shirley Manson is another vixen of overcoming self loathing for me), Chemical Brothers, and Bis. Bis stood out on the tape and my only previous connection to this obscure Scottish band was the Powerpuff Girls End Theme song.
The track I heard on the mix tape was "Tell It To the Kids" and boy was I hooked. I went onto CDNOW.com (more dating myself) and picked up both the The New Transistor Heroes Album and This Is Teen-C Power EP.
It's important to note that around this time that the movie Clueless was still fresh in the mainstream conciseness of being a teen girl. While I both love the movie and soundtrack, in a very different way as an adult than a teen, the soundtrack does have the Supermodel song by Jill Souble with the lyrics:
"I did it yesterday / And I'm not gonna eat today / and I'm not going to eat tomorrow / because I'm going to be a super model."
Even if the song is just being tongue in cheek, hormones block any sense of being reasonable or taking things with a grain of salt. I mean, couple that song with magazines, MTV, and the constant stream of diet advertisements. You tell me how you feel as a 15 year old girl. This is why the Monstarr track by Bis was so refreshing.
While I loved everything on the album, Monstarr fueled the side of me needing for it to be okay to say, "Screw what society says I should look like." The lyrics go like this:
Can I not be normal cause I'm not a size 10?
Play music, be in films or even show my face?
Should I be embarrassed if it's such a crime?
Funny how your life depends upon your waistline!
Should I kill myself? You're me execution
Why's being slim important? No one is a monster
Don't steal their confidence, it's not yours to take
I don't want to be a model, at least I'm not fake
Funny your life depends on your waistline
I am gonna make it, I'm not gonna fake it
Not for the sake of it, yes, I'm gonna take it
It has an incredibly catchy beat and makes a great teenage girl anthem. Buy this song! Listen to it and share it.
I have followed the members of Bis on and off over the years, especially Manda Rin. I reached out to Manda Rin back in 2007 and asked if it was at all possible for me to use one of the Bis tracks for the Girlhack animation. She told me that it might difficult with rights to old Bis material, but I could listen at her yet unreleased music on MySpace and pick one of those songs. I ended up picking Break-up / Breakdown.


text:
I mentioned in several articles that trading companies are sometimes the best choice for small importers. And two people asked me to confirm/explain it recently.
I think it depends on several factors, such as:
The more "nos" you answered, the better off you will be with a trading company.
The fifth question (finding an interested manufacturer) is often the main obstacle to small importers. Large factories don't want to spend time working on very small quantities. Trading firms can often find small factories that are interested in your small orders… and that are unable to deal directly with export customers.
Naturally, you will need to qualify the trading company: knowledge of your industry, reference customers, etc. And I always recommend to treat them as service providers (who need to follow a certain process, send certain notifications…) rather than product suppliers.
For more information on this topic, I advise you to read these articles:
A few promotional words from our friends at Global Sources:
Grow your business with the hottest products in your industry! Receive instant updates in your email whenever new products in your selected categories are uploaded onto globalsources.com. Subscribe to Global Sources Product Alerts.


text:
Arena Monday 21 October 2013
coming up on Friday's show....a special on "Fermata: Writings Inspired by Music", a new anthology which explores the connection between music and the written word...Fairytale of New York, Hofstetter's Serenade and Blueberry Hill - just some of the hits which have provided inspiration for poets and writers through the decades
Would you like to be in the audience for our special Christmas programme on Tuesday the 20th of December at 6.30pm? The Army No. 1 Band will be joined by soprano Mairead Buicke and members of the New Dublin Voices Choir for some lovely seasonal music. To apply for tickets to this recording just email by Monday 19th December with your full name, address and number of tickets required to firstname.lastname@example.com
Daily arts and popular culture show.
Yvonne Nolan reviews 'The Rising of Bella Casey', a fictionalised account of the life of Sean O'Casey's sister with Seán Rocks. The book is by Mary Morrissy and is Published by Brandon Books.
Abie Philbin Bowman profiles comedian Stewart Lee who appears at Dublin's Vicar Street on Monday October 21st followed by two nights at the Galway Comedy Festival on October 22nd and 23rd - www.galwaycomedyfestival.com.
Columbian Harpist Edmar Castanada performs 'Poem Of Strings'. Edmar is currently on a tour of Ireland - www.musicnetwork.ie for full dates.
John Byrne on the book 'The Disaster Artist: My Life Inside The Room - The Greatest Bad Movie Ever Made by Greg Sestero (Publishers Simon & Schuster).
Tony Tracy discusses this week's Classic Movie 'The King Of Marvin Gardens' with Seán Rocks. The film, directed by Bob Rafelson was released in 1972 and stars Jack Nicholson and Bruce Dern.
Arts News with Sinead Mooney, Yvonne Nolan reviews 'The Rising of Bella Casey' by Mary Morrissy, Abie Philbin Bowman on comedian Stewart Lee, John Byrne on 'The Disaster Artist: My Life Inside The Room - The Greatest Bad Movie Ever Made' by Greg Sestero and Tony Tracy on this week's Classic Movie 'The King Of Marvin Gardens'.
Diane Young
Vampire Weekend
Poem Of Strings
Edmar Castaneda
Email: email@example.com
Twitter: @RTEArena
Text: 51551
Presenter: Seán Rocks


text:
So I bought some pre made tapioca from TJ's on Sunday and it was really good. Went to finish it off tonight and the container was all of a sudden liquid with tapioca in it. Nothing else in my fridge is off so it must be the tapioca, what gives?!
Updated 2 years ago | 1
Updated 1 year ago | 4
Updated 1 year ago | 31
Updated 5 months ago | 3
Updated 1 year ago | 41


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July 8, 2009
D.E.L.T.A. RESCUE, PETITIONERv.BUREAU OF CHARITABLE ORGANIZATIONS, RESPONDENT
Argued: February 24, 2009
BEFORE: HONORABLE DAN PELLEGRINI, Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE MARY HANNAH LEAVITT, Judge.
D.E.L.T.A. Rescue (DELTA) petitions for review of the Final Adjudication and Order (A&O) of the Secretary of the Commonwealth (Secretary), which imposed an administrative fine of $3,000.00 against DELTA and ordered DELTA to cease its fundraising and solicitation within the Commonwealth until DELTA paid the administrative fine and complied with the registration, notification, and disclosure requirements of the Solicitation of Funds for Charitable Purposes Act (Act).*fn1 DELTA argues that: (1) the Act unconstitutionally infringes on DELTA's First and Fourteenth Amendment rights; (2) the disclosure requirement that the Secretary found DELTA to have violated is unconstitutionally vague; (3) the Secretary and the Department of State, Bureau of Charitable Organizations (Bureau) denied DELTA due process of law; (4) the Secretary's findings are not supported by substantial evidence; and (5) the Bureau is estopped from enforcing the Act against DELTA.
DELTA is a charity incorporated in California, the purpose of which is to provide "life-long care for over 1,200 abandoned dogs and cats at its shelter in Acton, Ca." (DELTA's Charitable Organization Registration Statement -- Form BCO-10 For the Fiscal Year Which Ended 12/31/99 (1999 Registration Statement) at 1.) In 1997, the Bureau initiated an investigation into whether DELTA was soliciting contributions in Pennsylvania without being registered as a charitable organization with the Bureau. As a result of this investigation, on June 7, 2000, the Secretary issued an order approving a Consent Agreement and Order (Consent Agreement) between DELTA and the Bureau in which DELTA admitted that it had solicited funds within the Commonwealth without first registering as a charitable organization with the Bureau as required by Section 15(a)(1) of the Act.*fn2
In the Consent Agreement, DELTA agreed to register with the Bureau as a charitable organization, not to solicit funds until it had registered as a charitable organization, and to pay a $5,000.00 administrative fine. DELTA registered as a charitable organization on July 7, 2000. Thereafter, DELTA maintained its registration "as a charitable organization from December 7, 2000 through November 11, 2001." (A&O Findings of Fact ¶ 7.) The record does not reflect that DELTA submitted an application for registration after this time period.
On January 4, 2001 the Bureau received a solicitation that DELTA had sent to an individual residing in Enola, Pennsylvania (First Solicitation).*fn3 This solicitation listed DELTA's address as "P.O. Box 9, Glendale, CA 91209." (First Solicitation, Hr'g Tr. Ex. C-3.) Additionally, the First Solicitation did not contain a disclosure statement required by Section 13(c) of the Act.*fn4 The Bureau received an additional solicitation on September 5, 2001, sent to an individual residing in Furlong, Pennsylvania and dated August 1, 2001 (Second Solicitation).*fn5 The Second Solicitation also stated an address of "PO Box 9, Glendale, CA 91209" and lacked the statement required by Section 13(c). (Second Solicitation, Examiner Hr'g Tr., Ex. C-3.)
On July 3, 2001, after DELTA had sent the First Solicitation, the Bureau informed DELTA that it violated the Act by failing to include the disclosure statement required by Section 13(c). The Bureau also informed DELTA that its solicitation did not comply with Section 13(b)(1) of the Act*fn6 because Section 13(b)(1) requires a charitable organization to disclose its location in its solicitations and, in the Bureau's opinion, "Post Office Box 9, Glendale, CA, is not considered a location." (Letter from Steven Ulrich, Special Investigator for the Bureau, to Leo Grillo, President of DELTA (July 3, 2001) at 1.) DELTA replied and raised issues regarding the constitutionality of the Act's requirements, similar to the arguments it raises before this Court. The Bureau replied to DELTA, acknowledging DELTA's concerns but stating that DELTA was still required to comply with the Act by disclosing its "physical location." The Bureau requested DELTA to reply within two weeks indicating that it understood the Act's requirements as described by the Bureau and would comply, or otherwise stop soliciting within the Commonwealth. The Bureau indicated that, if DELTA continued to solicit in the Commonwealth in violation of the Act, the case would be sent to a prosecuting attorney. The record contains no response from DELTA.
On August 14, 2002, the Secretary promulgated an order "directing [DELTA] to cease and desist solicitations in Pennsylvania until such time as [DELTA] include[d] the required disclosure statement and its address as registered with the Department on its solicitation materials." (Cease Order, August 14, 2002. (emphasis added).)
On June 18, 2004, the Bureau came into possession of a third solicitation (Third Solicitation), which was also sent to an individual in Furlong, Pennsylvania.*fn7 The Third Solicitation included DELTA's address as "PO Box 9, Glendale, CA 91209," but lacked the disclosure statement required by Section 13(c).
On September 1, 2006 the Bureau issued an Order to Show Cause (OSC) against DELTA, alleging that DELTA, had violated Section 13(c) by failing to include the required disclosure statement in its solicitations, and had violated Section 13(b) of the Act because its solicitations "used a post office box rather than [DELTA's] location." (OSC Factual Allegations ¶ 8.) The OSC charged DELTA with violating Section 15(a)(1) of the Act*fn8 by soliciting in Pennsylvania while not properly registered in violation of Section 5(a) of the Act,*fn9 by soliciting contributions in Pennsylvania while subject to the Cease Order in violation of Section 17(a)(1) of the Act,*fn10 by failing to include the disclosure statement mandated by Section 13(c), and by failing to include its physical location in its solicitations as required by Section 13(b)(1).
A hearing was held before a hearing examiner on November 15, 2006. The Bureau presented the testimony of Mr. Ulrich and introduced the First, Second and Third Solicitations into evidence. DELTA did not present testimony, but did cross-examine Mr. Ulrich and introduced correspondence between DELTA and the Bureau into evidence. The hearing examiner compiled the evidence into a record, which was submitted to the Secretary for determination.
The Secretary reviewed the record and issued the A&O concluding that DELTA "is subject to sanctions under section 17(a)(1) and 15(a)(1) of the [Act] for soliciting charitable contributions in Pennsylvania in violation of [the Cease Order]." (A&O, Conclusions of Law (COL) ¶ 3.) The Secretary also concluded that DELTA violated Section 13(c) and (b)(1) by failing to include the disclosure statement and DELTA's location. (COL ¶¶ 4-5.) Finally, the Secretary concluded that DELTA violated the Act by soliciting without a current registration, in violation of Section 5(a). DELTA now appeals to this Court.*fn11
On appeal to this Court, DELTA argues that: (1) various sections of the Act which the Secretary found DELTA to have violated are unconstitutional; (2) the Secretary's order that DELTA cease and desist from soliciting contributions in the Commonwealth until DELTA complied with Section 13(b)(1) and Section 13(c) was unconstitutional; (3) DELTA was denied due process of law; (4) the Secretary's findings of fact are not supported by substantial evidence; and (5) the Bureau is estopped from enforcing the Act against DELTA.
DELTA first argues that various sections of the Act, which the Secretary found DELTA to have violated, are unconstitutional. DELTA argues that: (1) the requirement in Section 13(c) of the Act that charitable solicitations contain a disclosure statement violates the First and Fourteenth Amendments to the United States Constitution; (2) the requirement of Section 13(b)(1) of the Act that solicitations disclose a charitable organization's location violates the First and Fourteenth Amendments of the United States Constitution; (3) Section 13(b)(1) of the Act is unconstitutionally vague; and (4) Sections 5(a) and 15(a)(1) of the Act are unconstitutional prior restraints on speech.
DELTA argues that its solicitations are a form of protected speech under the First Amendment and, because Section 13(c) requires it to make the Disclosure Statement, which DELTA would not otherwise make, Section 13(c) violates DELTA's right to free speech. For the following reasons, we disagree.
As a preliminary matter, we note that DELTA is correct that its solicitations are protected speech under the First Amendment. The United States Supreme Court has held that charitable solicitation is speech that is fully protected by the First Amendment. Riley v. National Federation of the Blind, 487 U.S. 781, 788-89 (1988); Village of Schaumburg v. Citizens for a Better Environment, 444 U.S. 620, 632 (1980). Restrictions on such protected speech must be narrowly tailored to protect substantial government interests and must not be unduly burdensome. Riley, 487 U.S. at 788, 792, 798.
Section 13(c) requires that solicitations contain a statement that:
The official registration and financial information of (insert the legal name of the charity as registered with the department) may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1 (800) 000-0000. Registration does not imply endorsement.
10 P.S. § 162.13(c). The Bureau argues that this statement is narrowly tailored to inform the public and prevent fraud. The prevention of fraud is a substantial state interest that can support a restriction on charitable solicitations. Schaumburg, 444 U.S. at 637-38.
DELTA, however, argues that Section 13(c)'s disclosure statement is a burdensome and ineffective way to prevent fraud and inform the public about a given charitable organization. The disclosure statement is burdensome because DELTA uses a single mailing for its solicitations nationwide, and it would be expensive to tailor a different mailing for each state. DELTA argues that the disclosure statement is ineffective to prevent fraud because it puts the burden of investigating and verifying charities on the citizens of the Commonwealth rather than on the Commonwealth itself. Moreover, DELTA argues that there is no allegation that it is engaged in fraudulent activity. DELTA asserts that the Commonwealth could provide information to its citizens regarding how to verify charitable organizations rather than requiring legitimate organizations to provide the information. Finally, DELTA argues that, in Telco Communications, Inc. v. Carbaugh (Telco I), 700 F.Supp. 294 (E.D.Va. 1988) aff'd in part, rev'd in part, remanded by Telco Communications, Inc. v. Carbaugh (Telco II), 885 F.2d 1225 (4th Cir. 1989), upon which this Court relied in Commonwealth ex rel. Preate v. Watson & Hughey Co., 563 A.2d 1276, 1280 (Pa. Cmwlth. 1989), the Federal district court held unconstitutional mandatory disclosure statements on the grounds that "[m]andating speech that a speaker would not otherwise make necessarily alters the content of the speech." Telco I, 700 F.Supp. at 297 (quoting Riley v. National Federation of the Blind of North Carolina, Inc., 487 U.S. at 782).
In order to determine whether Section 13(c)'s disclosure statement is narrowly tailored to achieve this goal and whether the disclosure statement is unduly burdensome, it is useful to examine decisions of the United States Supreme Court regarding restrictions on charitable solicitation. The Supreme Court, in Schaumburg, Secretary of State of Maryland v. Joseph H. Munson Co., Inc., 467 U.S. 947 (1984), and Riley, laid out high standards that limitations on charitable solicitations must meet in order to pass constitutional muster. Nonetheless, as we shall discuss below, at least one Federal appellate court case shows that it is possible for some regulations of charitable speech to meet this high standard.
In Schaumburg, the Court considered a municipal ordinance that required organizations soliciting contributions door-to-door to have a permit. Schaumburg, 444 U.S. at 622-23. In order to obtain a permit, an organization had to prove that at least 75% of the proceeds of the door-to-door solicitations would be directly used for the organization's charitable purpose. Id. at 624. The Village of Schaumburg (Village) advanced as substantial governmental interests backing its regulation the interests of "protecting the public from fraud, crime and undue annoyance." Id. at 636. The Federal Court held that the regulation was not narrowly tailored because it inaccurately presumed that any organization "using more than 25 percent of its receipts on fundraising, salaries, and overhead is not a charitable, but a commercial, for-profit enterprise and that to permit it to represent itself as a charity is fraudulent." Id. The Court found this presumption to be overbroad, because advocacy, research, and public education can often be tied into charitable solicitation. Id. The Court held that the Village could more effectively further its substantial interest in combating fraud through means that would not infringe on charities' free speech rights, such as direct penal prohibitions on fraudulent conduct or financial reporting requirements. Id. at 637-38.
In Munson, the Court considered a Maryland state statute, similar to the one in Schaumburg, that prohibited charitable organizations from paying professional, for-profit fundraising companies more than 25% of the money raised by the fundraising company. Munson, 467 U.S. at 950. The statute provided that the 25% provision could be waived "whenever it would effectively prevent the charitable organization from raising contributions." Id. at 953. Again, the Court found the statute to be overbroad because it assumed a connection between high solicitation costs and fraud. Id. at 966-67. The Court also found that the statute was as likely to obstruct high cost solicitations that furthered a charity's goals as it was to prevent fraud. Id. at 967. In addition, the Court found fault with elements of the statute that appeared to be a prior restraint on charitable solicitation, such as the requirement that contracts between charitable organizations and professional fundraisers be filed with the Maryland Secretary of State, or that the Maryland Secretary of State approve professional fundraisers' registration applications after verifying that the applications conformed to the statute's requirements. Id. at 968-69.
In Riley, the Court considered a North Carolina statute that prohibited unreasonable fees as described in a three-tier schedule:
A fee up to 20% of the gross receipts collected is deemed reasonable. If the fee retained is between 20% and 35%, the Act deems it unreasonable upon a showing that the solicitation at issue did not involve the "dissemination of information, discussion, or advocacy relating to public issues as directed by the [charitable organization] which is to benefit from the solicitation." Finally, a fee exceeding 35% is presumed unreasonable, but the fundraiser may rebut the presumption by showing that the amount of the fee was necessary either (1) because the solicitation involved the dissemination of information or advocacy on public issues directed by the charity, or (2) because otherwise the charity's ability to raise money or communicate would be significantly diminished.
Riley, 487 U.S. at 784-86. Rather than argue the prevention of fraud as the substantial interest backing its statutes, the state argued that its interest was in ensuring that charities received as much money as possible and guaranteeing that charities were not charged unreasonable fees. Id. at 789-90. The Court found that these interests were not sufficient to support a regulation infringing on protected speech. Id. at 791-92. The Court additionally considered whether the statute was narrowly tailored to promote the prevention of fraud, and determined that it was not. Id. at 792. The Court stated that, as in Munson, fraud could not be legislatively inferred from just looking at the percentage of gross receipts that went to pay a fundraiser. Id. at 793. The Court also faulted the statute for putting the burden on a fundraiser to justify fees over 35%. Id.
Also challenged in Riley was a disclosure requirement that a professional fundraiser disclose "the average percentage of gross receipts actually turned over to charities by the fundraiser for all charitable solicitations conducted in North Carolina within the previous 12 months." Id. at 786. Regarding this provision, the Court stated, "[m]andating speech that a speaker would not otherwise make necessarily alters the content of the speech. We therefore consider the Act as a content-based regulation of speech." Id. at 795. North Carolina stated that its substantial interest supporting this provision was "the importance of informing donors how the money they contribute is spent in order to dispel the alleged misperception that the money they give to professional fundraisers goes in greater-than-actual proportion to benefit charity." Id. at 798. The Court noted that this interest was not substantial enough to support the infringement on protected speech. Id. The Court also noted that other, unchallenged provisions, such as the requirement that professional fundraisers "disclose their professional status to potential donors" would put the public on notice that not all of the money they donate would go to the charitable organization, and that potential donors could then ask what percentage would go to the charity. Id. at 799.
While Schaumburg, Munson and Riley set a high bar, the opinion of the Fourth Circuit Court of Appeals in Telco II gives an example of a regulation on charitable speech that may leap this hurdle. Although not binding on this Court, the Fourth Circuit Court of Appeals, in Telco II, examined a Virginia statute very similar to Section 13(c) and found that it was narrowly tailored to the state's interest in preventing fraud. Telco II, 885 F.2d at 1231-32. The court stated its reasoning in determining the statute to be narrowly tailored:
The statute requires that the disclosure be made in writing to prospective contributors. With respect to written solicitations, a brief notation of this nature is not a burdensome requirement. . . . Finally, while Telco suggests the state could accomplish its purposes by publishing the information itself, the requirement that the disclosure be made to charitable contributors is tailored to that group which would most desire the information and make an informed decision on the basis of it.
Id. at 1232.
This Court finds the reasoning of the Fourth Circuit Court of Appeals in Telco II convincing. While the Supreme Court in Schaumburg, Munson, and Riley has set a high bar, Section 13(c)'s required statement is much more narrowly tailored to the Commonwealth's interest in preventing fraud than were the provisions in those cases. Unlike the required statement in Riley, Section 13(c) does not rely on any assumption about the validity of high fees, but only requires a neutral statement that its financial information is on record with the Bureau. As the Commonwealth points out, this is more similar to a requirement the Supreme Court noted without disapproval in Riley, that "an unchallenged portion of the disclosure law requires professional fundraisers to disclose their professional status to potential donors, thereby giving notice that at least a portion of the money contributed will be retained." Riley, 487 U.S. at 799. Therefore, this Court determines that the disclosure statement mandated by Section 13(c) does not violate DELTA's right to free speech under the First Amendment.*fn12
Next, DELTA argues that the Bureau's interpretation of Section 13(b)(1) to require a charity to disclose its street address, rather than its broader geographical location, is an unconstitutional application of Section 13(b)(1). DELTA argues that applying Section 13(b)(1) in this manner is burdensome to DELTA because it would not otherwise disclose this information and this requirement is not narrowly tailored to the Bureau's stated purpose of preventing fraud. Section 13(b)(1) provides that:
(b) Solicitation disclosures.--A charitable organization soliciting in this Commonwealth shall include all of the following disclosures at the point of solicitation:
(1) Its legal name as registered with the department and location and, if different, the legal name and address of the charitable organization as registered with the department on whose behalf the solicitation is being conducted. Any use of a project or program name in a solicitation must be immediately followed by a disclosure of the legal name of the charitable organization as registered.
10 P.S. § 162.13(b)(1) (italicized emphasis added). The Bureau interprets the term "location" in Section 13(b)(1) to mean a charitable organization's street address (as opposed to its mailing address). The Bureau alleges that disclosure of a charity's street address is necessary to help prevent fraud because verifying a charity's activities without knowing its address would be more difficult.
This Court does not disagree that the Bureau's interpretation of the term "location" in the Act to mean "street address" is a reasonable interpretation of the Act and a salutary measure to prevent fraud by allowing the verification of a charity's activities. However, under the circumstances of this particular case, this Court does not believe that the Bureau's prosecution of DELTA for violating Section 13(b)(1) can be upheld. The record in this matter reflects that the Bureau has sent a number of contradictory signals to DELTA regarding exactly what was required of it with regard to the address listed on DELTA's solicitations. For example, the Bureau made no objection when DELTA submitted its application for registration. Section 5 of the Act, 10 P.S. § 162.5, requires a charitable organization registering with the Bureau to include, along with other information, the organization's principal address. When DELTA registered with the Bureau, DELTA provided the same mailing address on its registration that it provided on its solicitations: P.O. Box 9, Glendale, CA 91209. (Charitable Organization Registration Statement -- Form BCO -10, July 7, 2000.) At no time did the Bureau object that this registration was inadequate because DELTA listed a mailing address rather than a street address. Yet one year later, the Bureau sent DELTA a letter stating that DELTA violated Section 13(b)(1) for not including its street address on its solicitations. It is not reasonable to assume that DELTA should have known that Section 13(b)(1)'s use of the term "location" required DELTA to include its street address when the Bureau allowed DELTA to register using its Post Office Box address as its principal address under Section 5. The confusion is only deepened by the Bureau's Cease Order. The Cease Order directed DELTA "to cease and desist solicitations in Pennsylvania until such time as [DELTA] include[d] the required disclosure statement and its address as registered with the Department on its solicitation materials." (Cease Order, August 14, 2002 (emphasis added).) Although at the time of the Cease Order, DELTA was not registered with the Bureau, the address that it had previously registered with the Bureau was the same address that appeared on its solicitations. Therefore, the Cease Order, which was apparently intended to compel DELTA to comply with the Act, directed DELTA to engage in the behavior which the Board now claims is a violation of the Act. Under these circumstances, we cannot uphold the citation of DELTA for violating Section 13(b)(1) of the Act by not including its street address on its solicitations.*fn13
Next, we address DELTA's argument that Sections 5(a) and 15(a)(1) of the Act are unconstitutional prior restraints on speech. Section 5(a) provides, inter alia, that a charitable organization may not solicit contributions before its registration is approved. 10 P.S. § 162.5. Section 15(a)(1) prohibits a charitable organization from failing to comply with the Act's provisions and from soliciting contributions after its registration has been suspended or revoked. 10 P.S. § 162.15(a)(1). DELTA argues that this Court's holding in Watson prohibits the Bureau from applying Sections 5(a) and 15(a)(1) to prohibit DELTA from soliciting contributions in the Commonwealth until it complies with the Act's registration requirements. We disagree.
In Watson, this Court considered an action brought by the Commonwealth, through its Attorney General, under the Unfair Trade Practices and Consumer Protection Law*fn14 and the predecessor to the Act, the Charitable Organization Reform Act,*fn15 against certain companies and individuals (collectively Watson) who were soliciting contributions on behalf of charitable organizations. Watson, 563 A.2d at 1278. Part of the relief the Attorney General sought was a permanent injunction to prohibit Watson from soliciting contributions in the Commonwealth "based upon past alleged misrepresentations or omissions of registration." Id. at 1280. This Court held that such a permanent injunction would be "unconstitutional as an impermissible prior restraint" on speech. Id. This Court's rationale for that holding was based on language from Telco I indicating that a permanent prohibition on future solicitations is not a narrowly-tailored remedy for past misconduct:
In this case, one of the asserted purposes of the suspension and revocation provisions is to punish misrepresentations made in the solicitation of charitable contributions and to punish non-compliance with certain other aspects of the charitable solicitation law. The provision, however, goes well beyond punishing specific instances of past misconduct and prevents all future charitable solicitation, all future protected speech, in the Commonwealth of Virginia. Nor has the Commonwealth met the "heavy burden" placed on them to justify the restraint. Certainly there are less stringent measures that would be adequate to achieve the state's goals.
Telco I, 700 F.Supp. at 300 (quoted in Watson, 563 A.2d at 1280).
This Court's holding in Watson does not prevent the Bureau from prohibiting a charity from soliciting contributions while unregistered or for censuring a charity for such solicitations. In Watson, this Court declined to issue a permanent injunction "based upon past alleged misrepresentations or omissions of registration." Watson, 563 A.2d at 1280. This Court did not state that the Commonwealth could not prosecute a charity after the fact for soliciting while unregistered. Likewise, this Court did not hold that the Commonwealth could not prohibit a charity from soliciting contributions until that charity brought its solicitations into compliance with the requirements of the Act. Moreover, the United States Supreme Court has indicated that states may require the licensing or registration of charitable organizations, so long as there is no undue delay between application for a license and granting of the license. Riley, 487 U.S. at 802. The Act only requires registration, not licensing, and the Bureau must either approve a registration application within 10 working days or notify the charitable organization of the reason for non-approval, and give the organization the opportunity to request a hearing; otherwise the registration statement will be deemed approved. Section 5(r) of the Act, 10 P.S. § 162.5(r). Therefore, we reject DELTA's argument that Sections 5(a) and 15(a)(1) of the Act are unconstitutional for prohibiting solicitation by an unlicensed charitable organization.
Next, we address DELTA's argument that the Cease Order and, therefore, the Secretary's determination that DELTA violated the Cease Order, are invalid because the Cease Order directed DELTA to comply with Sections 13(b)(1) and 13(c), which, as discussed above, DELTA argues are unconstitutional. Because these provisions are unconstitutional, DELTA argues, the Cease Order is unconstitutional. As discussed above, with regard to Section 13(b)(1), the Cease Order directed DELTA to include in its solicitations the address registered with the Bureau. At the time DELTA sent out the Third Solicitation, DELTA was not registered with the Bureau as a charitable organization and, therefore, had no address registered with the Bureau. As previously discussed, this Court believes it is constitutional for the Commonwealth to require a charitable organization to register with the Bureau, and to disclose its location. In addition, as discussed above, Section 13(c)'s requirement that charitable solicitations contain the mandated disclosure statement is constitutional. Therefore, the Cease Order is valid with respect to its direction that DELTA comply with Section 13(c). As such, the Secretary's determination that DELTA failed to comply with the Cease Order, thereby violating Section 17(a)(1), is valid.
Next, DELTA argues that it was denied due process of law at its administrative hearing. DELTA argues that the Bureau has repeatedly cited the prevention of fraud as the justification for the Act's restraints on the free speech rights of charitable organizations, but has offered no evidence that DELTA engaged in any fraudulent conduct. DELTA argues that, despite this lack of evidence, "there was a suggestion at the hearing below that the Bureau had suspected that [DELTA] and its President, Leo Grillo, were engaged in fraudulent conduct." (DELTA's Br. at 21.) DELTA argues that, while Mr. Ulrich stated that the Bureau had information in its investigative file regarding allegations of fraud against DELTA, the Bureau never shared this investigative file with DELTA. DELTA infers from these facts that the Bureau pursued DELTA on the pretext of technical violations of the Act because it was unable to prove the suspected fraud.
DELTA cites little authority in support of its argument that it was denied due process at the administrative hearing, beyond correctly citing Conestoga National Bank of Lancaster v. Patterson, 442 Pa. 289, 294-95, 275 A.2d 6, 9 (1971), for the principle that administrative hearings are subject to the requirements of due process. It is unclear how, exactly, DELTA believes it was denied due process of law. As the Bureau correctly points out, the basic requirements of due process are "notice and an opportunity to be heard prior to an adjudication, affecting that person's rights." Goetz v. Department of Environmental Resources, 613 A.2d 65, 67 (Pa. Cmwlth. 1992). DELTA received notice of the charged violations of the Act and had the opportunity to defend against them. If DELTA is arguing that the Bureau made allegations of fraud at the hearing that it did not support with any evidence, this argument is without merit. The "suggestion at the hearing below," cited by DELTA (DELTA's Br. at 21), that DELTA or its president was engaged in fraudulent conduct was not elicited by the Bureau, but was in fact solicited by DELTA's questioning of Mr. Ulrich as to whether he had received information regarding such fraudulent conduct. (Hr'g Tr. at 41-46.) It is notable, in fact, that counsel for the Bureau objected to this line of questioning:
Q [counsel for DELTA] Is there anything you [Mr. Ulrich] have ever seen since 1998 to the present that leads you to believe that Delta Rescue is committing fraud on the citizens of State [sic] of Pennsylvania?
[counsel for the Bureau]: I'm going to object as to relevance. This has nothing to do with any of the allegations that were in the order to show cause. The allegations relate to solicitation and disclosure requirements. There is no allegation of fraud and I don't see a reason for this point of questioning.
(Hr'g Tr. at 41-42.) If DELTA is arguing that it should have been allowed to see the Bureau's investigative file due to the fact that the issue of fraud was raised, this argument is also without merit. As noted above, it was DELTA that raised the issue of fraud and, as the Bureau correctly points out, "discovery generally as provided by the Pennsylvania Rules of Civil Procedure in court proceedings is not made available in administrative proceedings." Weinberg v. Insurance Department, 398 A.2d 1120, 1121 (Pa. Cmwlth. 1979). Finally, if DELTA is arguing that it was denied due process because the Board is only prosecuting DELTA for technical violations of the Act because the Board thinks DELTA committed fraud, but can't prove it, that argument is without merit as well. Administrative agencies have prosecutorial discretion in enforcement, which should not be judicially disturbed. Commonwealth v. Sanico, Inc., 830 A.2d 621, 629 n.14 (Pa. Cmwlth. 2003). Therefore, DELTA's arguments that it was denied due process at the administrative hearing, such as those arguments are, are without merit.
DELTA next argues that the Secretary's findings of fact regarding whether the Solicitations were received by Commonwealth citizens, and the dates on which the Solicitations were received, are not supported by substantial evidence. DELTA argues that there is no direct testimony from any of the supposed recipients of the Solicitations and, therefore, no substantial evidence to support a finding that the Solicitations were actually received, or when they were received. We disagree.
As the Bureau points out in its brief, "[s]ubstantial evidence is defined as such relevant evidence that a reasonable mind might accept as adequate to support a conclusion." Younkin v. Bureau of Professional & Occupational Affairs, State Real Estate Commission, 774 A.2d 1281, 1286-87 (Pa. Cmwlth. 2001). Additionally, a fact finder may reasonably infer necessary facts. See D.N. v. Department of Public Welfare, 562 A.2d 433, 436 (Pa. Cmwlth. 1989) ("In determining whether substantial evidence exists to support a finding of fact this Court is to give to the party in whose favor the appealed decision was rendered . . . the benefit of all inferences that can logically and reasonably be drawn from the evidence."). Although much of the recipients' addresses on each solicitation is redacted,*fn16 it is clear that each solicitation was mailed to a Pennsylvania address. It is a fair and reasonable inference that each solicitation was properly delivered to its addressee by the U.S. Postal Service and not illegally intercepted. The Solicitations speak for themselves in this regard. We, therefore, disagree with DELTA's argument that the Secretary's finding that the Solicitations were sent to Commonwealth residents is not supported by substantial evidence.
DELTA also argues that the record lacks substantial evidence to support the Secretary's finding regarding when DELTA sent the Solicitations. Again, we disagree. It is a fair and reasonable inference that the First and Third Solicitations, the 2000 and 2003 Christmas Love Stockings, were probably sent within a few months before December 25, 2000 and December 25, 2003, respectively. Likewise it is fair to assume that the Second Solicitation was sent sometime around its stated date of August 1, 2001. (Second Solicitation at 2, Hr'g Ex. C-3.)
Lastly, DELTA argues that the Bureau is estopped from enforcing any provisions of the Act against DELTA that DELTA was already violating prior to the Consent Agreement. Estoppel may be asserted against a Commonwealth agency when the following elements are present:
(1) misleading words, conduct or silence by the party against whom the estoppel is asserted; (2) unambiguous proof of reasonable reliance upon the misrepresentation by the party asserting the estoppel; and (3) the lack of a duty to inquire on the party asserting the estoppel.
Milton S. Hershey Medical Center v. Medical Professional Liability Catastrophe Loss Fund, 763 A.2d 945, 951 (Pa. Cmwlth. 2000). The Consent Agreement stated that DELTA's "last known business address, as on file with the Department of State is: P.O. Box 9, Glendale, CA 91209," and that the Board received evidence on February 10, 1999, December 9, 1998, June 8, 1998 and March 17, 1997 that DELTA "was soliciting charitable contributions in the Commonwealth." (Consent Agreement ¶¶ 4(a)-(b), (i), (m)-(n).) DELTA argues that its solicitations in 1997, 1998 and 1999 did not contain the disclosure statement required by Section 13(c) or DELTA's street address. Therefore, DELTA argues, the Bureau's silence as to these violations was misleading. Rather than cite DELTA for these violations, "the Bureau sat on their hands and collected $5,000 from [DELTA] presumably knowing that as soon as they registered and paid additional fees they would hit them with another cease and desist order for failing to comply with the disclosure and address requirements." (DELTA's Br. at 26.) DELTA also argues that it relied on the Bureau's silence by spending funds to send further solicitations into the Commonwealth, and that it was reasonable for DELTA to believe that if there were further deficiencies in DELTA's prior solicitations, the Bureau would have charged DELTA for such violations along with the other charges that formed the basis for the Consent Agreement. We disagree.
The Bureau is not estopped from enforcing provisions of the Act against DELTA simply because DELTA was violating these same provisions prior to the Consent Agreement and the Bureau did not charge DELTA with these violations. Essentially, DELTA asks this Court to hold that it has a vested right in violating Section 13(c) of the Act.*fn17 This argument is untenable. The Bureau's silence regarding Section 13(c) was not misleading. Section 13(c), by its language, appears to be intended to apply only to registered charities, given that it requires a charitable organization that solicits in Pennsylvania to include in its solicitation the following statement: "[t]he official registration and financial information of (insert legal name of the charity as registered with the department) may be obtained from the Pennsylvania Department of State." 10 P.S. § 162.13(c) (emphasis added). Moreover, as discussed above, Commonwealth agencies enjoy prosecutorial discretion. Sanico, 830 A.2d at 629 n.14. Therefore, an agency's choice not to prosecute a given violation does not waive its ability to prosecute a similar violation in the future.
DELTA's arguments that it relied on the Bureau's failure to prosecute further violations, and that such reliance was reasonable, are likewise without merit. DELTA argues that it relied on the Bureau's alleged misrepresentation by spending money to send out further solicitations. As a registered charitable organization, DELTA had a duty to ensure its compliance with the Act, and it was not reasonable of DELTA to assume that its solicitations were not in violation of the Act merely because the Bureau had not previously charged it with such violations. Therefore, we conclude that the Bureau is not estopped from enforcing any provision of the Act against DELTA.
For the reasons discussed above, we reverse the Order of the Secretary insofar as it determines that DELTA violated Section 13(b)(1) of the Act. We vacate the Secretary's Order insofar as it levies a $3,000.00 administrative fine against DELTA. Rather than levying a fine based upon each violation of the Act, the Secretary levied the administrative fine based on each of the three Solicitations. (A&O at 13.) Because we reverse the Secretary's determination that DELTA violated Section 13(b)(1), we must remand this case to the Secretary to reconsider the appropriate fine for each solicitation based on the determinations of violations this Court affirms.*fn18 We affirm the Secretary's Order in all other respects.
NOW, July 8, 2009, the Order of the Secretary of the Commonwealth in the above-captioned matter is hereby: (1) REVERSED IN PART, insofar as it determined that the Petitioner violated Section 13(b)(1) of the Act; (2) VACATED IN PART as to the amount of the administrative fine levied by the Secretary, and REMANDED to the Secretary for reconsideration of the amount of the fine in light of the violations upheld in this opinion; and (3) AFFIRMED in all other respects.
Jurisdiction relinquished.
RENÉE COHN JUBELIRER, Judge
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