Some new iMacs labeled 'assembled in USA'

7 hrs.

Martha C. White , NBC News contributor

When Apple fans get excited about a new product, it?s usually because of a faster processor, better display or cool user interface ? not what?s printed on the housing. In the course of taking apart a new 21.5-inch iMac, tech blog iFixit.com noted that the back of the unit was inscribed with the phrase, ?Assembled in USA.?

Apple did not respond to multiple?requests for comment, but?American-assembled iMacs might be a one-time anomaly?or they could represent a shift toward a more diverse manufacturing strategy.

One possibility is that assembling some iMacs here could be a response to a supply crunch. In the company?s most recent conference call, Apple CEO Tim Cook said ?In terms of general shortages on the iMac, we?ll be constrained for the full quarter in a significant way... I expect the demand to be robust. So we will have a significant shortage there.?

In all likelihood, the iMacs assembled stateside probably aren?t coming from an Apple-owned facility. At The Wall Street Journal?s D: All Things Digital D10 Conference in May, Cook said, ?With manufacturing, we looked at it and said that someone else could do it better."

Andy Hargreaves, an analyst at Pacific Crest Securities, expressed skepticism that a third-party vendor could be called in on short notice to assemble the computers. ?I doubt it?s a response to supply constraints because I don?t believe they could have ramped a full iMac production line in two months,? he said.

This could be a more fundamental strategy shift.

?I?ve certainly seen less-active outsourcing and a lot of companies talking about having a much more global footprint long-term,? said Tavis McCourt, managing director at Raymond James & Associates.

The changing economics of manufacturing in China, Apple?s growing appetite for labor and the public perception that the company should be a standard-bearer of sorts for American manufacturing could be prompting the company to do more in the United States.

?I think there is, not just at Apple but at a lot of tech companies and their manufacturers, a longer term strategy of diversifying,? McCourt said, pointing out that Foxconn, which manufactures Apple products in China, is looking at?developing more?facilities in Brazil.

The climbing cost of fuel has made it more expensive to ship items from Asia. The iMac is a bigger, bulkier item than the iPhone, for instance, ?so, shipping costs are higher as a percentage of sales,? McCourt said.

?The kind of volumes they?re dealing with means they probably have to diversify?production,? said Jason Dedrick, an associate professor in the School of Information Studies at Syracuse University. ?It may make sense for some of their products to be made here.?

?And there?s always some political pressure,? he said. ?When you look at the brand equity that Apple has and the value of that brand and the need to protect it... they definitely have to be responsive to that.

At the D10 conference in May, Cook addressed the question directly. "There's an intense focus on the final assembly. Could that be done in the U.S.? I sure hope so,? he said. "We will do as many of these things [in America] as we can do.?

The iMac is a good candidate for a couple of reasons. A company can?t just tighten a bolt on an otherwise finished product, declare it assembled domestically and call it a day. The FTC has 40 pages of rules governing when a company can and can?t use that designation, which stipulate, ??Assembled in USA? claims should be limited to those instances where the product has undergone its principal assembly in the United States and that assembly is substantial.?

Dedrick said putting together the new iMac, in which the entire machine is housed in a shell behind the screen only 5 millimeters thick at the edges, is probably more difficult than assembling an average desktop computer. ?When you think about how picky Apple is about the fit, the feel and the aesthetics ? it?s probably a fairly sophisticated assembly process,? he said.

The amount of labor needed to produce Apple?s mobile devices rules out American assembly. ?I would doubt if iPhones could be manufactured in the USA. It?s a very high volume business,? said Trip Chowdhry, managing director of equity research at Global Equities Research. ?Assembling in the United States for Apple is a hobby, not a business.?

Source: http://www.nbcnews.com/business/some-new-imacs-labeled-assembled-usa-1C7395107

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Tagliabue, Saints continue bounty hearings

NEW ORLEANS (AP) ? Hearings in the NFL bounty probe of the Saints have resumed with witness appearances by former Minnesota Vikings head coach Brad Childress, Saints assistant head coach Joe Vitt and linebacker Jonathan Vilma.

Former NFL commissioner Paul Tagliabue has been appointed to oversee the hearings, which he has scheduled to conclude in New Orleans by Tuesday. There were also several days of witness appearances in Washington, D.C., last week.

As Childress left the downtown law office on Monday he said he had "nothing to add" after his appearance.

Tagliabue has informed attorneys representing all parties that he hopes to rule on the appeals of Vilma, Saints defensive end Will Smith and two other players shortly after the hearings conclude.

Tagliabue also has requested strict confidentiality by those involved.

Vilma offered a wave and a thumbs-up sign as walked into the building. Vitt only joked to several reporters that he sees them "in his dreams" and that they should be at Saints' practice instead of the law office.

Smith, suspended four games, and Vilma, suspended for the entire current season, have been allowed back on the field while their appeals are pending. It is unclear if they will be able to play against the New York Giants on Sunday.

Two former New Orleans players also were banned: Cleveland Browns linebacker Scott Fujita had his suspension reduced to one game, while free-agent defensive lineman Anthony Hargrove has not played in the NFL this season but faces a two-game suspension if he signs with a team.

The NFL has described Vilma and Smith as ringleaders ? and former Saints defensive coordinator Gregg Williams as being in charge ? of a performance pool designed to knock targeted opponents out of games from 2009 to 2011.

The league has sworn statements from Williams and former Saints assistant coach Mike Cerullo ? who testified last week ? saying Vilma offered $10,000 to anyone who knocked quarterback Brett Favre out of the 2010 NFC championship game.

Childress had informed the NFL after that game he'd heard from former player Jimmy Kennedy that the Saints had a bounty on Favre. Childress is currently the Cleveland Browns offensive coordinator.

The NFL also has identified Kennedy as one of its witnesses, but Kennedy has said the league is lying about his statements. He added that the league irreparably damaged his reputation by its "shoddy, careless, shameful so-called investigation."

According to the NFL, Kennedy heard about the bounty from Hargrove, who has also denied knowledge of a bounty program.

Tagliabue has insisted that the contents of the appeals process remain private, and all of the hearings have been behind closed doors in private law offices.

NFL Commissioner Roger Goodell issued the initial suspensions, which also included a full-season ban for Saints head coach Sean Payton.

Lawsuits brought by Vilma and the NFL Players Association to challenge Goodell's handling of the case, including his decision in October to appoint Tagliabue as the arbitrator for the appeals, are pending in federal court in New Orleans.

On Thursday, U.S. District Judge Ginger Berrigan gave the parties until Monday to answer questions about whether the NFL's collective bargaining agreement prevents a commissioner from handing out discipline for legal contact, and whether the CBA's passages about detrimental conduct are "ambiguous, hence unenforceable."

The NFLPA responded Monday afternoon, saying the labor agreement does not give the commissioner authority to punish players for legal hits. The union added that if Tagliabue interprets the agreement otherwise, the provisions pertaining to the commissioner's authority in the CBA would be unenforceable.

In its response to Berrigan's request, the NFL said players were not punished for on-field actions. The league said the players' suspensions resulted from meeting or locker room pledges, rewarding injury-causing hits and lying to NFL investigators about the incentive pool.

In March, the NFL announced that its investigation showed the Saints put together a bounty pool of up to $50,000 to reward game-ending injuries inflicted on opponents. "Knockouts" were worth $1,500 and "cart-offs" $1,000 ? with payments doubled or tripled for the playoffs, the league said.

According to the league, the pay-for-pain program was administered by Williams, with Payton's knowledge. At the time, Williams apologized for his role, saying: "It was a terrible mistake, and we knew it was wrong while we were doing it."

Later that month, Payton became the first head coach suspended by the league for any reason ? banned for all of this season without pay ? and Williams was suspended indefinitely.

___

Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

Source: http://news.yahoo.com/tagliabue-saints-continue-bounty-hearings-163021343--nfl.html

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Lepiten and Bojos Law Office: RA No. 9646 Real Estate Service Act ...

Republic of the Philippines
Congress of the Philippines
Metro Manila

Fourteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.
Republic Act No. 9646 ? ? ? ? ? ? June 29, 2009

AN ACT REGULATING THE PRACTICE OF REAL ESTATE SERVICE IN THE PHILIPPINES, CREATING FOR THE PURPOSE A PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

ARTICLE I
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS

Section 1. Title. - This Act shall be known as the. "Real Estate Service Act of the Philippines".

Section 2. Declaration of Policy. - The State recognizes the vital role of real estate service practitioners in the social political, economic development and progress of the country by promoting the real estate market, stimulating economic activity and enhancing government income from real property-based transactions. Hence, it shall develop and nurture through proper and effective regulation and supervision a corps of technically competent, responsible and respected professional real estate service practitioners whose standards of practice and service shall be globally competitive and will promote the growth of the real estate industry.

Section 3. Definition of Terms. - As used in this Act, the following terms shall mean:

(a) "Appraiser" also known as valuer, refers to a person who conducts valuation/appraisal; specifically, one who possesses the necessary qualifications, license, ability and experience to execute or direct the valuation/appraisal of real property.

(b) "Assessor" refers to an official in the local government unit, who performs appraisal and assessment of real properties, including plants, equipment, and machineries, essentially for taxation purposes. This definition also includes assistant assessors.

(c) "Real estate" refers to the land and all those items which are attached to the land. It is the physical, tangible entity, together with all the additions or improvements on, above or below the ground.

(d) "Real estate development project" means the development of land for residential, commercial, industrial, agricultural, institutional or recreational purposes, or any combination of such including, but not limited to, tourist resorts, reclamation projects, building or housing projects, whether for individual or condominium ownership, memorial parks and others of similar nature.

(e) "Real estate developer" refers to any natural or juridical person engaged in the business of developing real estate development project for his/her or its own account and offering them for sale or lease.

(f) "Real property" includes all the rights, interests and benefits related to the ownership of real estate.

(g) "Real estate service practitioners" shall refer to and consist of the following:

(1) Real estate consultant - a duly registered and licensed -natural person who, for a professional fee, compensation or other valuable consideration, offers or renders professional advice and judgment on: (i) the acquisition, enhancement, preservation, utilization or disposition of lands or improvements thereon; and (ii) the conception, planning, management and development of real estate projects.

(2) Real estate appraiser- a duly registered and licensed natural person who, for a professional fee, compensation or other valuable consideration, performs or renders, or offers to perform services in estimating and arriving at an opinion of or acts as an expert on real estate values, such services of which shall be finally rendered by the preparation of the report in acceptable written form.

(3) Real estate assessor - a duly registered and licensed natural person who works in a local government unit and performs appraisal and assessment of real properties, including plants, equipment, and machineries, essentially for taxation purposes.

(4) Real estate broker - a duly registered and licensed natural person who, for a professional fee, commission or other valuable consideration, acts as an agent of a party in a real estate transaction to offer, advertise, solicit, list, promote, mediate, negotiate or effect the meeting of the minds on the sale, purchase, exchange, mortgage, lease or joint venture, or other similar transactions on real estate or any interest therein.

(5) Real estate salesperson - a duly accredited natural person who performs service for, and in behalf of. a real estate broker who is registered and licensed by the Professional Regulatory Board of Real Estate Service for or in expectation of a share in the commission, professional fee, compensation or other valuable consideration.

ARTICLE II
PROFESSIONAL REGULATORY BOARD OF REAL ESTATE SERVICE

Section 4. Creation and Composition of the Board. - There is hereby created a Professional Regulatory Board of Real Estate Service, hereinafter referred to as the Board, under the supervision and administrative control of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, composed of a chairperson and four (4) members who shall be appointed by the President of the Philippines from the three (3) recommendees chosen by the Commission from a list of five (5) nominees per position submitted by the accredited and integrated professional organization of real estate service practitioners: Provided, That two (2) of the members of the Board shall represent the government assessors and appraisers.

The first Board shall be organized within six (6) months from the effectivity of this Act.

Section 5. Powers and Functions of the Board. - The Board is hereby vested the following powers and functions:

(a) Provide comprehensive policy guidelines for the promotion and development of the real estate industry;

(b) Conduct licensure examinations for the practice of the real estate service profession and prescribe the appropriate, syllabi of the subjects for examination;

(c) Issue, suspend, revoke or reinstate, after due notice and hearing, certificates of registration or professional identification cards for the practice of real estate service;

(d) Maintain a comprehensive and updated register of licensed real estate service professionals;

(e) Monitor the conditions affecting the practice of real estate service and adopt such measures as may be proper for the enhancement of the profession and/or the maintenance of high professional, ethical and technical standards;

(f) Adopt a national Code of Ethics and Responsibilities to be strictly observed by all licensed real estate service practitioners;

(g) Hear or investigate any violation of this Act, its implementing rules and regulations, and the Code of Ethics and Responsibilities for real estate service practitioners and issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith;

(h) Safeguard and protect legitimate and licensed real estate service practitioners and, in coordination with the accredited and integrated professional organization of real estate service practitioners, monitor all forms of advertisements, announcements, signboards, billboards, pamphlets, brochures and others of similar nature concerning real estate and, where necessary, exercise its quasi-judicial and administrative powers to finally and completely eradicate the pernicious practices of unauthorized or unlicensed individuals;

(i) Prescribe, in cooperation with the Commission on Higher Education (CHED) or the concerned state university or college, the essential requirements as to the curricula and facilities of schools, colleges or universities seeking permission to open academic courses or already offering such courses in real estate service, and to see to it that these requirements, including the employment of qualified faculty members, are properly complied with;

(j) Promulgate, .administer and enforce rules and regulations necessary in carrying out the provisions of this Act;

(k) Supervise and regulate the registration, licensure and practice of real estate service in the Philippines;

(l) Assess and fix the rate of reasonable regulatory fees;

(m) Administer oaths and affirmations;

(n) Adopt an official seal of the Board;

(o) Evaluate periodically the status of real estate service education and profession, and recommend and/or adopt measures to upgrade and maintain its high standard;

(p) Prescribe guidelines and criteria for the Continuing Professional Education (CPE) program for real estate service practitioners in consultation with the accredited and integrated professional organization of real estate service practitioners;

(q) Screen, issue and monitor permits to organizations of real estate professionals in the conduct of seminars and accredit such seminars pursuant to the CPE program, as well as the instructors or lecturers therein, for the purpose of upgrading the quality and knowledge of the profession;

(r) Monitor and supervise the activities of the accredited and integrated professional organization and other associations of real estate service practitioners; and

(s) Discharge such other powers, duties and functions as the Commission may deem necessary to carry out the provisions of this Act.

The policies, resolutions and rules and regulations issued or promulgated by the Board shall be subject to the review and approval by the Commission. However, the Board's decisions, resolutions or orders which are not interlocutory, rendered in an administrative case, shall be subject to review by the Commission only on appeal.

Section 6. Qualifications of the Chairperson and Members of the Board. - The chairperson and the members of the Board shall, at the time of their appointment, possess the following qualifications:

(a) A citizen and resident of the Philippines;

(b) A holder of a bachelor's degree related to real estate;

(c) An active licensed practitioner of real estate service for at least ten (10) years prior to his/her appointment;

(d) A bona fide member in good standing of the accredited and integrated professional organization of real estate service practitioners but not an officer or trustee at the time of his/her appointment;

(e) Neither be a member of the faculty of an institute, school, college or university, nor have any pecuniary interest, direct or indirect, in any institution or association where review classes or lectures in preparation for the licensure examination are being offered or conducted; and

(f) Of good moral character, and must not have been convicted by final judgment by a competent court of a criminal offense involving moral turpitude.

Section 7. Term of Office. - The chairperson and the members of the Board shall hold office for a term of three (3) years from the date of their appointment and until their successor/s shall have been appointed: Provided, That the members of the first appointed Board shall hold office for the following terms: one (1) member as chairperson, to serve for three (3) years; two (2) members, to serve for two (2) years; and two (2) members, to serve for one (1) year.

The chairperson and the members of the Board may be reappointed for a second term but in no case shall he/she serve continuously for more than six (6) years. Any vacancy in the Board shall be filled for the unexpired portion of the term of the member who vacated the position. On the constitution of the first Board, the chairperson and the members of the Board shall automatically be registered and issued certificates of registration and professional identification cards. Each member of the Board shall take the proper oath of office prior to the assumption of duty.

Section 8. Compensation and Allowances of the Chairperson and Members of the Board. - The chairperson and the members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the chairman and the members of existing professional regulatory boards under the Commission, as provided for in the General Appropriations Act.

Section 9. Removal of the Chairperson and Members of the Board. - The chairperson or any member of the Board may be suspended or removed by the President of the Philippines, upon the recommendation of the Commission, for neglect of duty; abuse of power; oppression; incompetence; unprofessional, unethical, immoral or dishonorable conduct; commission or toleration of irregularities in the conduct of examination or tampering of the grades therein, or for any final judgment or conviction of any criminal offense involving moral turpitude.

Section 10. Supervision of the Board, Custodian of its Records, Secretariat and Support Services. - The Board shall be under the general supervision and administrative control of the Commission. All records of the Board, including applications for examination, examination papers and results, minutes of deliberations, administrative and other investigative cases involving real estate service practitioners, shall be kept by the Commission. The Commission shall designate the secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act subject to the usual government accounting and auditing rules and regulations.

Section 11. Annual Report. - The Board shall, at the close of each calendar year, submit an annual report to the Commission, giving a detailed account of its proceedings and accomplishments during the year and recommending measures to be adopted with the end-in-view of upgrading and improving the conditions affecting the practice of real estate service in the Philippines.

ARTICLE III
LICENSURE EXAMINATION AND REGISTRATION

Section 12. Licensure Examination. - Every applicant seeking to be registered and licensed as a real estate service practitioner, except a real estate salesperson, shall undergo an examination as provided for in this Act. Examinations for the practice of real estate service in the Philippines shall be given by the Board at least once every year in such places and dates as the Commission may designate.

Section 13. Scope of Examination. - An examination shall be given to the licensure applicants for real estate brokers, real estate appraisers and real estate consultants which shall include, but not limited to, the following:

(a) For real estate consultants - fundamentals of real estate consulting; standards and ethics; consulting tools and techniques, which include project feasibility study and investment measurement tools; real estate finance and economics; real estate consulting and investment analyses; consulting for specific engagement, which includes consulting for commercial, industrial, recreation and resort and hotel properties, and consulting for government and corporate and financial institutions; land management system and real property laws; and any other related subjects as may be determined by the Board;

(b) For real estate appraisers - fundamentals of real estate principles and practices; standards and ethics; theories and principles in appraisal; human and physical geography; methodology of appraisal approaches; valuation procedures and research; appraisal of machinery and equipment; practical appraisal mathematics; appraisal report writing; real estate finance and economics; case studies; land management system and real property laws; and any other related subjects as may be determined by the Board; and

(c) For real estate brokers - fundamentals of property ownership; code of ethics and responsibilities; legal requirements for real estate service practice; real estate brokerage practice; subdivision development; condominium concept; real estate finance and economics; basic principles of ecology; urban and rural land use; planning, development and zoning; legal aspect of sale, mortgage and lease; documentation and registration; real property laws; and any other related subjects as may be determined by the Board.

To conform with technological and modern developments, the Board may recluster, rearrange, modify, add to, or exclude any of the foregoing subjects as may be necessary.

Section 14. Qualification of Applicants for Examinations. - In order to be admitted to the licensure examination for real estate service, a candidate shall, at the time of filing his/her application, establish to the satisfaction of the Board that he/she possesses the following qualifications:

(a) A citizen of the Philippines;

(b) A holder of a relevant bachelor's degree from a state university or college, or other educational institution duly recognized by the CHED: Provided, That as soon as a course leading to a Bachelor's degree in Real Estate Service is implemented by the CHED, the Board shall make this course a requirement for taking the "licensure examination; and

(c) Of good moral character, and must not have been convicted of any crime involving moral turpitude: Provided, That an applicant for the licensure examination for real estate consultants must show proof that he/she has at least ten (10) years experience as a licensed real estate broker or an assessor, or as a bank or institutional appraiser or an employed person performing real property valuation, or at least five (5) years experience as a licensed real estate appraiser.

All applications for examination shall be filed with the Board which shall assess and approve said applications and issue to the qualified examinees the corresponding permits to take such examination.

Section 15. Ratings in the Examination. - In order that a candidate may be deemed to have successfully passed the examination, he/she must have obtained an average of at least seventy-five percent (75%) in all subjects, with no rating below fifty percent (50%) in any subject.

Section 16. Release of the Results of Examination. - The results of the licensure examination shall be released by the Board within ten (10) days from the last day of the examination.

Section 17. Issuance of the Certificate of Registration and Professional Identification Card. - A certificate of registration shall be issued to examinees who pass the licensure examination for real estate service subject to payment of fees prescribed by the Commission. The certificate of registration shall bear the signature of the chairperson of the Commission and the chairperson and the members of the Board, stamped with the official seal of the Commission, indicating that the person named therein is entitled to practice the profession with all the benefits and privileges appurtenant thereto. This certificate of registration shall remain in full force and effect until revoked or suspended in accordance with this Act.

A professional identification card bearing the registration number, date of issuance and expiry date, duly signed by the chairperson of the Commission, shall likewise be issued to every registrant upon payment of the required fees. The professional identification card shall be renewed every three (3) years and upon satisfying the requirements of the Board such as, but not limited to, attendance in the CPE program.

Section 18. Refusal to Register. - The Board shall not register and issue a certificate of registration to any successful examinee who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been found to be psychologically unfit.

Section 19. Revocation or Suspension of the Certificate of Registration and the Professional Identification Card or Cancellation of Special/Temporary Permit. - The Board may, after giving proper notice and hearing to the party concerned, revoke the certificate of registration and the professional identification card, or cancel the special/temporary permit of a real estate service practitioner, or suspend him/her from the practice of the profession on any of the following instances hereunder:

(a) Procurement of a certificate of registration and/or professional identification card, or special/temporary permit by fraud or deceit;

(b) Allowing an unqualified person to advertise or to practice the profession by using one's certificate of registration or professional identification card, or special/temporary permit;

(c) Unprofessional or unethical conduct;

(d) Malpractice or violation of any of the provisions of this Act, its implementing rules and regulations, and the Code of Ethics and Responsibilities for real estate service practitioners; and

(e) Engaging in the practice of the profession during the period of one's suspension.

Section 20. Registration Without Examination, - Upon application and payment of the required fees, the following shall be registered, and shall be issued by the Board and the Commission a certificate of registration and a professional identification card without taking the prescribed examination:

(a) Those who, on the date of the effectivity of this Act, are already licensed as real estate brokers, real estate appraisers or real estate consultants by the Department of Trade and Industry (DTI) by virtue of Ministry Order No. 39, as amended: Provided, That they are in active practice as real estate brokers, real estate appraisers and real estate consultants, and have undertaken relevant CPE to the satisfaction of the Board;

(b) Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appointments and are performing actual appraisal and assessment functions for the last five (5) years, have passed the Real Property Assessing Officer (RPAO) examination conducted and administered by the Civil Service Commission (CSC) in coordination with the Department of Finance (DOF), and have undertaken relevant CPE to the satisfaction of the Board; and

(c) Assessors and appraisers who, on the date of the effectivity of this Act, hold permanent appointments and have at least ten (10) years actual experience in real property appraisal or assessment and have completed at least one hundred twenty (120) hours of accredited training on real property appraisal conducted by national or international appraisal organizations or institutions/entities recognized by the Board and relevant CPE to the satisfaction of the Board.

Those falling under categories (b) and (c) shall register with the Board after they shall have complied with the requirements for registration as real estate appraisers: Provided, That those seeking to be licensed to a new credential level shall be required to take the pertinent licensure examination.

Those so exempt under the aforementioned categories shall file their application within two (2) years from the effectivity of this Act: Provided, That the renewal of the professional identification card is subject to the provisions of Section 17 hereof.

Section 21. Reinstatement, Reissuance or Replacement of Certificate of Registration, Professional Identification Card and Special/Temporary Permit. - The Board may, after the expiration of two (2) years from the date of revocation of a certificate of registration and/or professional identification card, and upon application, compliance with the required CPE units, and for reasons deemed proper and sufficient, reinstate any revoked certificate of registration and reissue a suspended professional identification card and in so doing, may, in its discretion, exempt the applicant from taking another examination.

A new certificate of registration, professional identification card or special/temporary permit may be issued to replace lost, destroyed or mutilated ones, subject to the rules as may be promulgated by the Board.

Section 22. Roster of Real Estate Service Practitioners. - The Board, in coordination with the integrated professional organization of real estate service practitioners, shall prepare, update and maintain a roster of real estate service practitioners which shall contain the names of all registered real estate service practitioners, their residence and office addresses, license number, dates of registration or issuance of certificates, and other data which.the Board may deem pertinent. Copies thereof shall be made available to the public upon request.

Section 23. Issuance of Special/Temporary Permit. - Upon application and payment of the required fees and. subject to the approval of the Commission, the Board may issue special/temporary permit to real estate service practitioners from foreign countries whose services are urgently needed in the absence or unavailability of local real estate service^ practitioners for the purpose of promoting or enhancing the practice of the profession in the Philippines.

Section 24. Foreign Reciprocity. - No foreign real estate service practitioner shall be admitted to the licensure examination or be given a certificate of registration or a professional identification card, or be entitled to any of the privileges under this Act unless the country of which he/she is a citizen specifically allows Filipino real estate service practitioners to practice within its territorial limits on the same basis as citizens of such foreign country.

ARTICLE IV
PRACTICE OF REAL ESTATE SERVICE

Section 25. Oath. - All successful examinees qualified for registration and all qualified applicants for registration without examination as well as accredited salespersons shall be required to take an oath before any member of the Board or any officer of the Commission duly authorized by the Commission to administer oaths prior to entering into the practice of real estate service in the Philippines.

Section 26. Professional Indemnity Insurance/Cash or Surety Bond. - All real estate brokers and private real estate appraisers shall, in addition to the oath referred to in the preceding section, be required to post a professional indemnity insurance/cash or surety bond, renewable every three (3) years, in an amount to be determined by the Board, which in no case shall be less than Twenty thousand pesos (P20,000.00), without prejudice to the additional requirement of the client.

Section 27. Acts Constituting the Practice of Real Estate Service. - Any single act or transaction embraced within the provisions of Section 3(g) hereof, as performed by real estate service practitioners, shall constitute an act of engaging in the practice of real estate service.

Section 28. Exemptions from the Acts Constituting the Practice of Real Estate Service. - The provisions of this Act and its rules and regulations shall not apply to the following":

(a) Any person, natural or juridical, who shall directly perform by himself/herself the acts mentioned in Section 3 hereof with reference to his/her or its own property, except real estate developers;

(b) Any receiver, trustee or assignee in bankruptcy or insolvency proceedings;

(c) Any person acting pursuant to the order of any court of justice;

(d) Any person who is a duly constituted attorney-in-fact for purposes of sale, mortgage, lease or exchange, or other similar contracts of real estate, without requiring any form of compensation or remuneration; and

(e) Public officers in the performance of their official duties and functions, except government assessors and appraisers.

Section 29. Prohibition Against the Unauthorized Practice of Real Estate Service. - No person shall practice or offer to practice real estate service in the Philippines or offer himself/herself as real estate service practitioner, or use the title, word, letter, figure or any sign tending to convey the impression that one is a real estate service practitioner, or advertise or indicate in any manner whatsoever that one is qualified to practice the profession, or be appointed as real property appraiser or assessor in any national government entity or local government unit, unless he/she has satisfactorily passed the licensure examination given by the Board, except as otherwise provided in this Act, a holder of a valid certificate of registration, and professional identification card or a valid special/temporary permit duly issued to him/her by the Board and the Commission, and in the case of real estate brokers and private appraisers, they have paid the required bond as hereto provided.

Section 30. Positions in Government Requiring the Services of Registered and Licensed Real Estate Service Practitioners. - Within three (3) years from the effectivity of this Act, all existing and new positions in the national and local governments, whether career, permanent, temporary or contractual, and primarily requiring the services of any real estate service practitioner, shall be filled only by registered and licensed real estate service practitioners.

All incumbent assessors holding permanent appointments shall continue to perform their functions without need for re appointment and without diminution of status, rank and salary grade, and shall enjoy security of tenure. However, they may not be promoted to a higher position until they meet the qualification requirements of that higher position as herein prescribed. Nothing in this Act shall be construed to reduce any benefit, interest, or right enjoyed by the incumbents at the time of the enactment of this Act. The appointing authority shall exercise his power to appoint the assessor in accordance with the provisions of this Act only when a vacancy occurs.

Section 31. Supervision of Real Estate Salespersons. - For real estate salespersons, no examination shall be given, but they shall be accredited by the Board: Provided, That they have completed at least two (2) years of college and have undergone training and seminars in real estate brokerage, as may be required by the Board. Real estate salespersons shall be under the direct supervision and accountability of a real estate broker. As such, they cannot by themselves be signatories to a written agreement involving a real estate transaction unless the real estate broker who has direct supervision and accountability over them is also a signatory thereto. No real estate salesperson, either directly or indirectly, can negotiate, mediate or transact any real estate transaction for and in behalf of a real estate broker without first securing an authorized accreditation as real estate salesperson for the real estate broker, as prescribed by the Board. A real estate broker shall be guilty of violating this Act for employing or utilizing the services of a real estate salesperson when he/she has not secured the required accreditation from the Board prior to such employment.

No salesperson shall be entitled to receive or demand a fee, commission or compensation of any kind from any person, other than the duly licensed real estate broker who has direct control and supervision over him, for any service rendered or work done by such salesperson in any real estate transaction.

No violation of this provision shall be a cause for revocation or suspension of the certificate of registration of the real estate broker unless there was actual knowledge of such violation or the broker retains the benefits, profits or proceeds of a transaction wrongfully negotiated by the salesperson.

Section 32. Corporate Practice of the Real Estate Service. -

(a) No partnership or corporation shall engage in the business of real estate service unless it is duly registered with the Securities and Exchange Commission (SEC), and the persons authorized to act for the partnership or corporation are all duly registered and licensed real estate brokers, appraisers or consultants, as the case may be. The partnership or corporation shall regularly submit a list of its real estate service practitioners to the Commission and to the SEC as part of its annual reportorial requirements. There shall at least be one (1) licensed real estate broker for every twenty (20) accredited salespersons.

(b) Divisions or departments of partnerships and corporations engaged in marketing or selling any real estate development project in the regular course of business must be headed by full-time registered and licensed real estate brokers.

(c) Branch offices of real estate brokers, appraisers or consultants must be manned by a duly licensed real estate broker, appraiser or consultant as the case may be.

In case of resignation or termination from employment of a real estate service practitioner, the same shall be reported by the employer to the Board within a period not to exceed fifteen (15) days from the date of effectivity of the resignation or termination.

Subject to the provisions of the Labor Code, a corporation or partnership may hire the services of registered and licensed real estate brokers, appraisers or consultants on commission basis to perform real estate services and the latter shall be deemed independent contractors and not employees of such corporations.

Section 33. Display of License in the Place of Business. - Every registered and licensed real estate service practitioner shall establish and maintain a principal place of business and such other branch offices as may be necessary, and shall conspicuously display therein the original and/or certified true copies of his/her certificate of registration as well as the certificates of registration of all the real estate service practitioners employed in such office.

Section 34. Accreditation and Integration of Real Estate Service Associations. - All real estate service associations shall be integrated into one (1) national organization, which shall be recognized by the Board, subject to the approval of the Commission, as the only accredited and integrated professional organization of real estate service practitioners.

A real estate service practitioner duly registered with the Board shall automatically become a member of the accredited and integrated professional organization of real estate service practitioners, and shall receive the benefits and privileges appurtenant thereto. Membership in the accredited and integrated professional organization of real estate service practitioners shall not be a bar to membership in other associations of real estate service practitioners.

Section 35. Code of Ethics and Responsibilities for Real Estate Service Practitioners. - The Board shall adopt and promulgate the Code of Ethics and Responsibilities for real estate service practitioners which shall be prescribed and issued by the accredited and integrated professional organization of real estate service practitioners.

Section 36. Continuing Professional Education (CPE) Program. - The Board shall develop, prescribe and promulgate guidelines on CPE upon consultation with the accredited and integrated professional organization of real estate service practitioners, affiliated association of real estate service practitioners and other concerned sectors, and in accordance with such policies as may have been prescribed by the Board, subject to the approval of the Commission. The Board shall create a CPE Council that shall be composed of a chairperson coming from the Board, a member from the accredited and integrated professional organization of real estate service practitioners and a member from the academe.

Section 37. Enforcement Assistance to the Board. - The Board shall be assisted by the Commission in carrying out the provisions of this Act and its implementing rules and regulations and other policies. The lawyers of the Commission shall act as prosecutors against illegal practitioners and other violators of this Act and its rules. The duly constituted authorities of the government shall likewise assist the Board and the Commission in enforcing the provisions of this Act and its rules.

Section 38. Indication of the Certificate of Registration, Professional Identification Card/License Number, Privilege Tax Receipt (PTR) Number and Accredited Professional Organization (APO) Number. - Real estate service practitioners shall be required to indicate the certificate of registration, professional identification card, PTR number, and APO receipt number, and the date of issuance and the duration of validity on the documents he/she signs, uses or issues in connection with the practice of his/her profession.

ARTICLE V
PENAL AND FINAL PROVISIONS

Section 39. Penal Provisions, - Any violation of this Act, including violations of implementing rules and regulations, shall be meted the penalty of a fine of not less than One hundred thousand pesos (P100,000.00) or imprisonment of not less than two (2) years, or both such fine and imprisonment upon the discretion of the court. In case the violation is committed by an unlicensed real estate service practitioner, the penalty shall be double the aforesaid fine and imprisonment.

In case the violation is committed, by a partnership, corporation, association or any other juridical person, the partner, president, director or manager who has committed or consented to or knowingly tolerated such violation shall be held directly liable and responsible for the acts as principal or as a co-principal with the other participants, if any.

Section 40. Appropriations. - The chairperson of the Professional Regulation Commission shall immediately include in the Commission's programs the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act and thereafter.

Section 41. Transitory Provision. - Within ninety (90) days from the effectivity of this Act, the DTI - Bureau of Trade Regulation and Consumer Protection (BTRCP) shall transfer all pertinent records, documents and other materials to the Professional Regulatory Board of Real Estate Service.

Section 42. Implementing Rules and Regulations. - Within six (6) months after the effectivity of this Act, the Commission, together with the Board and the accredited and integrated professional organization of real estate service practitioners, the Department of Finance, and the CHED, shall prepare the necessary rules and regulations, including the Code of Ethics and Responsibilities for real estate service practitioners, needed to implement the provisions of this Act.

Section 43. Separability Clause. - If any clause, sentence, paragraph or part of this Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part of this Act.

Section 44. Repealing Clause. -

(a) Sections 3(e) and (ee) of Act No. 2728, as amended by Act No. 3715 and Act No. 3969, Sections 472 and 473 of the Local Government Code of 1991 (Republic Act No. 7160), and pertinent provisions of the Civil Service Law are hereby modified accordingly.

(b) All laws, decrees, executive orders, department or memorandum orders and other administrative issuances or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.

Section 45. Effectivity. - This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in a major daily newspaper of general circulation in the Philippines.

Approved.

(Sgd.) JUAN PONCE ENRILE President of the Senate

(Sgd.) PROSPERO C. NOGRALES Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 2963 and House Bill No. 3514 was finally passed by the Senate and the House of Representatives on May 12, 2009.

(Sgd.) EMMA LIRIO-REYES Secretary of Senate

(Sgd.) MARILYN B. BARUA-YAP Secretary General House of Represenatives

Approved: June 29, 2009

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Source: http://www.cebulegalblog.com/2012/12/ra-no-9646-real-estate-service-act-of.html

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BCS bonanza: Alabama vs. Notre Dame

Alabama vs. Notre Dame. The BCS championship game couldn't get much bigger.

The Crimson Tide locked up a spot in the title game in Miami on Jan. 7 with a 32-28 victory over Georgia for the Southeastern Conference championship Saturday.

Sunday's selection show is just a formality.

The hype can begin now for what could be the most-watched BCS title game since the system was implemented in 1998. It'd be hard to find two more popular programs and a more enticing matchup.

The top-ranked Fighting Irish (12-0) have won eight AP national titles ? matching Alabama for the most ? but none since 1988. They'll be playing in their first BCS championship game.

Alabama (12-1) is making its third BCS title game appearance in four years. The Crimson Tide is trying to become the first team to win back-to-back BCS titles, and three in four years.

"We created a great opportunity for ourselves," Alabama coach Nick Saban said after his Tide beat the Bulldogs at the Georgia Dome in Atlanta.

The Irish and Tide have played six times, though not since 1987. Notre Dame is 5-1 against 'Bama, including a 24-23 victory in the Sugar Bowl in 1973 that gave the Irish a national championship. They also played in the Orange Bowl in 1975, and the Irish won 13-11.

The buildup for this one, however, will be unmatched.

"I'm pretty sure it gets the old-heads excited, people that are in their 50s and 60s," Alabama linebacker C.J. Mosley told The Chicago Tribune. "It's going to be a historic game."

A return to glory for Brian Kelly's Fighting Irish or a dynasty for Saban's Tide? Seven straight BCS titles for the SEC or the end of a 23-year national championship drought for Notre Dame?

There will no doubt be plenty of people tuning in to find out.

The highest rated BCS championship game was Southern California, going for three straight national titles and back-to-back BCS championships, against Texas in 2006 at the Rose Bowl in Pasadena, Calif. That game drew a 21.7 Nielsen rating.

Alabama's BCS title win over Texas in 2010 drew a 17.17 rating, a close third behind the 17.4 Florida-Ohio State drew in 2007.

Considering Notre Dame's regular-season finale against USC had a 10.3 rating, higher than any of the BCS bowls last season other than the championship game, it's a safe to say this year's championship game has a chance to blow by the record.

The rest of the BCS lineup also fell into place on championship weekend.

No. 7 Kansas State took the Big 12's BCS bid with a 42-24 victory at home against Texas. Collin Klein ran for two touchdowns and threw for another, making a final case for the Heisman Trophy.

The Wildcats are headed to the Fiesta Bowl, and Oklahoma could give the Big 12 two BCS teams.

Earlier Saturday, the No. 12 Sooners won 24-17 at TCU to finish the regular season 10-2 and share the Big 12 title.

On Friday night, Stanford grabbed a spot in the Rose Bowl and the chances for a BCS buster decreased.

Northern Illinois' 44-37 victory in double overtime against Kent State on Friday night gave the Huskies the Mid-American Conference title, and ended the Golden Flashes' BCS hopes.

Kent State needed to move up one spot in the BCS standings to No. 16 to earn an automatic bid. Northern Illinois came into the weekend 21st in the standings. The Huskies have a chance to get into the top 16 and into the BCS, too ? but it will be tough.

Boise State is shooting to be a BCS buster again as well. The Broncos beat Nevada 27-21 to earn a share of the Mountain West title. The Broncos, who were 20th in the BCS standings, would need to break into the top 16 and finish ahead of the MAC champs.

The chances for a BCS buster improved thanks to Wisconsin, which pounded No. 14 Nebraska 70-31 in the Big Ten championship game Saturday night. The Badgers will go to the Rose Bowl for the third straight season, and the Cornhuskers, 12th in the previous BCS standings, might be in store for a long fall. That could boost the chances of Northern Illinois or Boise State.

If there is no BCS buster bid, the Sooners (10-2) look like a logical choice to be given an at-large bid. No. 15 Clemson (10-2) could also be in the mix for an at-large bid.

Oregon (11-1) and Florida (11-1) are locks to be at-large selections.

No. 13 Florida State is headed to the Orange Bowl after beating Georgia Tech 21-15 in the Atlantic Coast Conference championship game.

Louisville earned the Big East's BCS bid by beating Rutgers on Thursday night, 20-17.

___

BCS projections

Championship game: Notre Dame vs. Alabama.

Rose Bowl: Wisconsin vs. Stanford.

Sugar Bowl: Florida vs. Oklahoma.

Orange Bowl: Florida State vs. Louisville.

Fiesta Bowl: Kansas State vs. Oregon.

___

Follow Ralph D. Russo at www.Twitter.com/ralphdrussoap

Source: http://news.yahoo.com/bcs-bonanza-alabama-vs-notre-dame-022823124--spt.html

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Preventing 'Cyber Pearl Harbor': Improving cyber attack detection through computer modeling

ScienceDaily (Nov. 30, 2012) ? Cyber attacks that have long caused major work disruption and theft of private information are becoming more sophisticated with prolonged attacks perpetrated by organized groups. In September 2012, Bank of America, Citibank, the New York Stock Exchange, and other financial institutions were targets of attacks for more than five weeks. Defense Secretary Leon E. Panetta warned that the United States was facing the possibility of a "cyber-Pearl Harbor" and was increasingly vulnerable to foreign computer hackers who could disrupt the government, utility, transportation, and financial networks.

Key to protecting online operations is a high degree of "cyber security awareness," according to human factors/ergonomics researchers Varun Dutt, Young-Suk Ahn, and Cleotilde Gonzalez. In their Human Factors article, "Cyber Situation Awareness: Modeling Detection of Cyber Attacks With Instance-Based Learning Theory," they developed a computer model that presented 500 simulated cyber attack scenarios to gauge simulated network security analysts' ability to detect attacks characterized as either "impatient" (the threat occurs early in the attack) or "patient" (the threat comes later in the attack and is not detected promptly). Their model was able to predict the detection rates of security analysts by varying the analysts' degree of experience and risk tolerance as well as an attacker's strategy (impatient or patient attack).

The authors found that experienced, risk-averse analysts were less accurate at detecting threats in patient than in impatient attacks. "In a patient attack, when the attacker waits until the end to generate threats, the experiences in the analyst's memory that indicate an attack" are not as readily retrieved, says Dutt, which "makes it difficult to correctly detect patient attacks."

"Application of our results include the design of training tools that increase competency and the development of decision-support tools that improve defenders' on-the-job performance in detecting cyber attacks." The authors suggest that employers evaluate an analysts' risk tolerance before employment and/or manipulate tolerance levels during training to better identify threats.

As cyber warfare strategies and tactics evolve, the authors plan to further investigate the trend of drawn-out attacks and new intrusion detection software.

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Story Source:

The above story is reprinted from materials provided by Human Factors and Ergonomics Society, via EurekAlert!, a service of AAAS.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

---

Journal Reference:

1. V. Dutt, Y.-S. Ahn, C. Gonzalez. Cyber Situation Awareness: Modeling Detection of Cyber Attacks With Instance-Based Learning Theory. Human Factors: The Journal of the Human Factors and Ergonomics Society, 2012; DOI: 10.1177/0018720812464045

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/~3/mq61JPdemRM/121130222253.htm

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food technology: Palm Springs Vacation Rentals | Travel & Leisure ...

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Source: http://mrpingali.typepad.com/blog/2012/12/food-technology-palm-springs-vacation-rentals-travel-leisure.html

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Signal problems preceded New Jersey train derailment

PAULSBORO, N.J. (AP) ? A signal may have been malfunctioning on a southern New Jersey bridge where a train derailed, causing a hazardous chemical to spew into the air and leading to health problems, evacuations, tricky cleanup decisions and broader questions about the condition of railway infrastructure.

The crew on the train told investigators that when they approached the bridge before 7 a.m. Friday, the signal light was red, telling them not to cross, National Transportation Safety Board chairman Deborah Hersman said Saturday. The crew found it unusual to get a red light at that hour of the day, she said.

They used a radio signal to try to change the signal to green, but it did not work, Hersman said. She said the conductor got off the train and inspected the aging bridge. When it appeared to be OK, she said, the engineer called for ? and received ? permission from a dispatcher to go through the red light and cross the bridge.

Only the two locomotives and the first five cars on the southbound train got across the bridge before seven cars derailed. Hersman said the engine was moving 8 mph before the accident ? under the 10 mph speed limit.

Hersman said investigators were trying to determine whether other train crews had had the same signal issue lately and whether the signal problems had anything to do with the accident.

Four of the derailed cars, including three that ended up partially in Mantua Creek, contained vinyl chloride, an ingredient in the common plastic PVC. A gas, vinyl chloride can induce respiratory problems, dizziness and other health effects after short-term exposure ? and liver problems and other complications after high levels of exposure over time.

The accident ripped a hole inside one of the tankers, causing the gas to escape.

More than 70 people went to an emergency room Friday, none of them with life-threatening injuries.

A handful of nearby homes were evacuated briefly Friday, but residents were allowed to return hours later after some of the chemical dissipated into the air and the rest turned into a solid and settled back into the tanker.

Friday evening, however, residents in an area of about 12 blocks were ordered evacuated.

State Assemblyman John Burzichelli, a former Paulsboro mayor serving as an emergency management spokesman, said the chemical levels spiked as the temperatures dropped and the breeze died down Friday evening so that gas escaping the tanker lingered nearby longer.

Conrail, the owner of the tracks, put up residents in 106 hotel rooms Friday night.

Residents said they were told to be ready to stay away from their homes for three days, and possibly longer.

Some said they had tough nights away from pets, who were taken to an animal shelter. Others were frustrated with the late call to get out and not having much time to pack.

"We were not told until they knocked on our door," said Diamond Veney, who was holding her sleeping 1-year-old son, Tamir.

She said her family was given just 30 minutes to get out Friday evening.

Many of the displaced residents were being moved from hotel to hotel on Saturday. For some, the shift meant heading to a place that accepts pets.

On Saturday, crews moved some of the train cars around and brought in empty tankers to be used to store vinyl chlorine.

The NTSB's Hersman said investigators normally spend about a week documenting sites of accidents like this one. But she said it could take longer in this case because they will not go back to the site until it's declared safe. It was not clear when that may happen.

In the meantime, she said, NTSB staff was focusing on reviewing records, interviewing witnesses and other tasks that do not require being on site. She said the board is also pursuing details of how the bridge was rebuilt after a coal train derailed there in 2009.

Hersman also said investigators wanted to learn if the tidal surge from Superstorm Sandy may have caused problems at the bridge. Though it's in one of the parts of New Jersey least impacted by the storm, she said there may have been an effect.

Officials, meanwhile, were still considering how and when to move the remaining chemical from the ruptured car.

Even without all details of the accident determined, New Jersey state Senate President Stephen Sweeney, a Democrat whose district includes Paulsboro, said it pointed to a bigger problem: An aging railroad infrastructure.

He said the 200-foot span at the center of this derailment originally went up in 1873. He said that accidents can happen anywhere, but "you have to make sure, at least, the infrastructure is as safe as it could be."

He said that because federal regulators oversee most freight rail issues, it's up to the federal government to push for, and perhaps pay for, upgrades.

Recent state and federal funding commitments totaling $28 million to improve rail infrastructure have not included the Paulsboro bridge, he said.

___

Follow Mulvihill at http://www.twitter.com/geoffmulvihill

Source: http://news.yahoo.com/signal-problems-preceded-nj-train-derailment-180333202.html

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