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As a result , the respondents do not rely on government sources of information . The action taken by the Respondent did not rise to the level of an adverse personnel action . The major distinction to be drawn between these cases and the case before me is that in all these other situations the respondents did not have a permit for the particular construction at issue . However , the OSHA regulations cited by the Respondent did not clearly regulate driver qualifications for tuggers and scooters . According to the FTC 's complaint , the respondents do not have a reasonable basis for claims that ultrasound will eliminate or repel pests , including rodents and many insects , from a user 's home . In this survey of moonlighting workers , it was found that , unlike a sample drawn from the United States working population , these respondents did not cite financial concerns as their primary reason for moonlighting , but emphasized the opportunity to use existing skills . We note that at the time of implementation the Respondent did not know what impact the FORME Pilot program would have on the processing of disability benefits claims . However , as DEC Staff points out in its response , the Respondents do not show exactly where or how this waiver occurred . In this connection , the Judge specifically determined that the circulars issued by the Respondent did not constitute contracts negotiated by the parties but , instead , set forth the Respondent 's national parking policy . However , the Respondents do not allege that they have ever submitted an Investigative Plan to DEC Staff for approval . Here , the Judge found that the evidence offered by the Respondent did not rebut the GC 's prima facie case .