Terms Used In Maine Revised Statutes Title 12 Sec. 9701

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Unless otherwise specifically stated, any person who violates any requirement of this Part, the condition or terms of any permit or license issued by the director or the provision of any rule or regulation of the bureau commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. Each day of a violation shall be considered a separate offense. [PL 1979, c. 545, §3 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
In any action or proceeding brought by the Attorney General under this section, the court may award litigation costs, including court costs, reasonable attorney’s fees and reasonable expert witness fees, to be deposited in the General Fund of the State if the State or any of its officers or agencies is a prevailing party in the action or proceeding and the defendant‘s defense was not substantially justified. For the purposes of this subsection, a defense is “substantially justified” if the defense had a reasonable basis in law or fact at the time it was raised. [PL 2009, c. 536, §2 (NEW).]
SECTION HISTORY

PL 1979, c. 545, §3 (NEW). PL 2009, c. 536, §2 (AMD). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §23 (REV).