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Before the recording begins , the technologist will make several requests . The regulation further states that an agency may not dismiss on this basis where the record includes sufficient information to issue a decision . Indeed , as CMS pointed out , the record supports the conclusion that the facility did not have procedures to ensure that the full capabilities of the facility are available to a resident in need ; the record indicates that the care for Resident # 1 was primarily furnished by only one staff member , a licensed practical nurse , throughout the episode at issue . Nothing in the record supports a conclusion ( 6 ) that this publication bound the appellant , in a contractual sense , to pay the funds as reported . The question presented by the application of the Barstow MOU is whether the record supports a conclusion that the smoking policy in multi-tenant buildings is explicitly and comprehensively set forth in the 1996 national agreement . The record includes some evidence that people are being sickened by the odors . The record consists of the parties ? The record includes the name of the teacher , their date of certification , the grade they taught , their town of residence , and where they came from . The record consists of the original papers and exhibits in the case ; any transcript , tape , or other recording of the proceedings ; and a certified copy of the docket entries . In these circumstances , the record supports the Judge 's conclusion that the decision to use term appointments pertained to unit employees and , thus , his decision satisfies the first prong of the Antilles standard . Other information in the record includes the author ( s ) , article title , ISSN if the source is a periodical , the language of the article , and the descriptors . In the present case , the District Court made no such finding , and our independent examination of the record fails to yield evidence that the school authorities had reason to anticipate that the wearing of the armbands would substantially interfere with the work of the school or impinge upon the rights of other students . If a resolver asks information about b.nl , the nameserver tries to look up the record fails . We need not determine whether the EEOC 's action could estop the defendants from raising the exhaustion defense because the record fails to establish sufficient facts to support a claim of equitable estoppel in this case . " The record supports the district court 's factual findings . " Turning to the instant case , and contrary to the Respondent 's contention , the Authority finds that the record fails to establish that a compelling need existed for the revised " standards of conduct " regulation issued by DLA . Further , the record fails to show that the Respondent by any other action sought to or did in fact attempt to negotiate directly with unit employees concerning their conditions of employment .