Maine Revised Statutes > Title 12 > Part 1 – Soil and Water Conservation

		Sections
Chapter 1	Soil and Water Conservation Districts	1 – 206
Chapter 3	Cooperative Soil Survey	211 – 212
Chapter 7	Maine Healthy Soils Program	351 – 353

Terms Used In Maine Revised Statutes > Title 12 > Part 1 - Soil and Water Conservation

Abandoned ice-fishing shack: means a temporary structure used for ice fishing and left on property not owned by the person owning the structure without permission of the landowner. See Maine Revised Statutes Title 17 Sec. 2263
Abandonment: means any conduct on the part of the parent showing an intent to forego parental duties or relinquish parental claims. See Maine Revised Statutes Title 22 Sec. 4002
Absentee voter: means a person who qualifies under section 751 to cast an absentee ballot. See Maine Revised Statutes Title 21-A Sec. 1
Abuse: includes acts and omissions. See Maine Revised Statutes Title 22 Sec. 3472
Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17?A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. See Maine Revised Statutes Title 22 Sec. 4002
Accessible voting system: means a voting system that is accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters. See Maine Revised Statutes Title 21-A Sec. 808
Adult: means any person who has attained 18 years of age or who is a legally emancipated minor. See Maine Revised Statutes Title 22 Sec. 3472
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
agency: means any unit of State Government or local government, including any state board or commission, and the Legislature and its committees and subcommittees, but not including the judicial branch, the University of Maine System, the Maine Community College System and the Maine Maritime Academy. See Maine Revised Statutes Title 5 Sec. 92-A
Agency records: means records of government agencies to which they retain legal title, but that have been transferred to the custody of the Maine State Archives to effect economies and efficiency in their storage and use pending their ultimate disposition as authorized by law. See Maine Revised Statutes Title 5 Sec. 92-A
Aggravating factor: means any of the following circumstances with regard to the parent. See Maine Revised Statutes Title 22 Sec. 4002
Allegation: something that someone says happened.
Amortization: Paying off a loan by regular installments.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Any election: means primary and general elections and referenda, whether regular or special. See Maine Revised Statutes Title 21-A Sec. 1
Appointment of agent: means a statement appointing an agent for service of process filed by a domestic entity that is not a filing entity or a nonqualified foreign entity under section 112. See Maine Revised Statutes Title 5 Sec. 102
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Archives: means government records that have been determined by the State Archivist, with advice from the Archives Advisory Board, to have sufficient value to warrant their continued preservation and that are in the physical and legal custody of the Maine State Archives. See Maine Revised Statutes Title 5 Sec. 92-A
Arrest: Taking physical custody of a person by lawful authority.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 10 Sec. 9201
Ballot labels: means the pages, cards or other material containing the names of offices and candidates and the referendum questions to be voted on that are placed on the voting device to conform with the voting system in use. See Maine Revised Statutes Title 21-A Sec. 808
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Block group: means an area comprising all of the blocks within a tract or BNA whose census data labels begin with the same digit. See Maine Revised Statutes Title 21-A Sec. 1202
BNA: means that area composed of blocks or block groups that is defined as a block numbering area in the United States Census for 1990. See Maine Revised Statutes Title 21-A Sec. 1202
Business day: means any day of the calendar year other than a Saturday, Sunday or legal holiday. See Maine Revised Statutes Title 21-A Sec. 1
Buyer: means a person who buys or contracts to buy goods. See Maine Revised Statutes Title 11 Sec. 2-103
Campsite: means a camping location containing tents, registered tent trailers, registered pickup campers, registered recreational vehicles, registered trailers or similar devices used for camping. See Maine Revised Statutes Title 12 Sec. 682
Candidate: means any person who has filed a petition under either sections 335 and 336 or sections 354 and 355 and has qualified as a candidate by either procedure, or any person who has received contributions or made expenditures or has given consent for any other person to receive contributions or make expenditures with the intent of qualifying as a candidate. See Maine Revised Statutes Title 21-A Sec. 1
Card game: means a game of chance conducted using one or more decks of cards, such as poker, blackjack or cribbage. See Maine Revised Statutes Title 17 Sec. 1831
Caretaker: means any individual or institution who has or assumes the responsibility for the care of an adult. See Maine Revised Statutes Title 22 Sec. 3472
Caucus: means a meeting of a political party or committee. See Maine Revised Statutes Title 21-A Sec. 1
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Census unit: means a block, block group, BNA or tract. See Maine Revised Statutes Title 21-A Sec. 1202
Central voter registration system: means a single electronic information system and database for voter registration information maintained by the Secretary of State and used by all municipal jurisdictions in the State. See Maine Revised Statutes Title 21-A Sec. 1
Chambers: A judge's office.
Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
Child protection proceeding: means a proceeding on a child protection petition under subchapter VI, a subsequent proceeding to review or modify a case disposition under section 4038, an appeal under section 4006, a proceeding on a termination petition under subchapter VI, or a proceeding on a medical treatment petition under subchapter VIII. See Maine Revised Statutes Title 22 Sec. 4002
Child sex trafficking: means the recruitment, harboring, transportation, provision or obtaining of a child for the purposes of a commercial sex act as defined in 22 United States Code § 7102(4). See Maine Revised Statutes Title 22 Sec. 4002
Circulate: means the presenting of a petition to a voter with an accompanying request that the voter sign it. See Maine Revised Statutes Title 21-A Sec. 1
Clerk: means the person described in Title 13?C, chapter 5?A. See Maine Revised Statutes Title 5 Sec. 102
Clerk filing: means the public organic document of a domestic filing entity formed under Title 13?C. See Maine Revised Statutes Title 5 Sec. 102
Commercial clerk: means a clerk who is listed under section 106. See Maine Revised Statutes Title 5 Sec. 102
Commercial purpose: means for the purpose of economic gain. See Maine Revised Statutes Title 17 Sec. 2263
Commercial registered agent: means an individual or a domestic or foreign entity listed under section 106. See Maine Revised Statutes Title 5 Sec. 102
Commercial sporting camp: means a building or group of buildings devoted primarily to the offering of primitive lodging facilities for a fee to persons primarily in pursuit of primitive recreation or snowmobiling. See Maine Revised Statutes Title 12 Sec. 682
Commercial vehicle: means a vehicle owned or used by a business, corporation, association, partnership, or the sole proprietorship of any entity conducting business for a commercial purpose. See Maine Revised Statutes Title 17 Sec. 2263
Commissioner: means the Commissioner of Health and Human Services or a designated representative in the geographical area in which the person resides or is present. See Maine Revised Statutes Title 22 Sec. 3472
Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 351
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. ^{Source: OCC}
Community-based offshore wind energy project: means a wind energy development, as defined by Title 35?A, section 3451, subsection 11, with an aggregate generating capacity of less than 3 megawatts that meets the following criteria: the generating facilities are wholly or partially located on or above the coastal submerged lands of the State; the generating facilities are located within one nautical mile of one or more islands that are within the unorganized and deorganized areas of the State and the project will offset part or all of the electricity requirements of those island communities; and the development meets the definition of "community-based renewable energy project" as defined by Title 35?A, section 3602, subsection 1. See Maine Revised Statutes Title 12 Sec. 682
container: means any and all packages or containers used for the purpose of containing a product sold or held out for sale for human or animal consumption. See Maine Revised Statutes Title 17 Sec. 2263
Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Maine Revised Statutes Title 11 Sec. 2-106
Conviction: A judgement of guilt against a criminal defendant.
Corporation: means the Northern Maine Transmission Corporation established in section 9202, subsection 1. See Maine Revised Statutes Title 10 Sec. 9201
County office: means the office of judge of probate, register of probate, county treasurer, register of deeds, sheriff, district attorney or county commissioner. See Maine Revised Statutes Title 21-A Sec. 1
County or municipal law enforcement officer: means a person who by virtue of employment by a county or municipal government in the State is vested by law with the power to make arrests for crimes or serve criminal process, whether that power extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 5 Sec. 286-M
Custodial parent: means a parent with custody. See Maine Revised Statutes Title 22 Sec. 4002
Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002
Day care center: means a child care facility, as defined in Title 22, section 8301?A, subsection 1?A, paragraph B. See Maine Revised Statutes Title 17 Sec. 2871
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 351
Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 17 Sec. 2263
Dependent: means a spouse, an unmarried child under 19 years of age, a child who is a student under 23 years of age and financially dependent upon the enrollee, a child of any age who is disabled and dependent upon the enrollee or a domestic partner. See Maine Revised Statutes Title 5 Sec. 286-M
Dependent adult: includes , but is not limited to, any of the following:

A. See Maine Revised Statutes Title 22 Sec. 3472

Devise: To gift property by will.

Director: means the Executive Director of the Gambling Control Unit. See Maine Revised Statutes Title 17 Sec. 1831

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

Distinguishing mark: means a mark on a ballot of a type or in a place not specifically permitted by this Title, which indicates the apparent intent of the voter to make the voter's ballot distinguishable in a manner that is fraudulent or inconsistent with an honest purpose. See Maine Revised Statutes Title 21-A Sec. 1

Distributor: means a person, firm, corporation, association or organization, other than an Internet raffle operator, that sells, markets or otherwise distributes sealed tickets, gambling apparatus or any other implements of gambling that may be used in the conduct of a game of chance. See Maine Revised Statutes Title 17 Sec. 1831

Division: means the Department of Administrative and Financial Services, Office of Employee Health and Wellness. See Maine Revised Statutes Title 5 Sec. 286-M

Docket: A log containing brief entries of court proceedings.

Domestic entity: means an entity whose internal affairs are governed by the laws of this State. See Maine Revised Statutes Title 5 Sec. 102

Donor: The person who makes a gift.

Dwelling unit: means any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, time-share units, and apartments. See Maine Revised Statutes Title 12 Sec. 682

Election official: means a warden, ward clerk, deputy warden or election clerk. See Maine Revised Statutes Title 21-A Sec. 1

Election year: means the calendar year within which a particular election is held. See Maine Revised Statutes Title 21-A Sec. 1

Elections determined by ranked-choice voting: means any of the following elections in which 3 or more candidates have qualified to be listed on the ballot for a particular office or at least 2 such candidates plus one or more declared write?in candidates have qualified for that particular office:

A. See Maine Revised Statutes Title 21-A Sec. 1

Electoral division: means an area set off for election purposes. See Maine Revised Statutes Title 21-A Sec. 1

Electronic record: means a record whose content is not readable unless retrieved by means of an electronic device such as a computer or an audio or video player. See Maine Revised Statutes Title 5 Sec. 92-A

Electronic video machine: means a machine, however operated, that has a video screen featuring an electronically simulated game and delivers or entitles the person playing or operating it to receive the privilege of playing the electronic video machine without charge, but does not deliver or entitle the person playing or operating the electronic video machine to receive cash, premiums, merchandise, tickets or something of value other than the privilege of playing the electronic video machine without charge. See Maine Revised Statutes Title 17 Sec. 1831

Eligible patient: means a person who has:

A. See Maine Revised Statutes Title 22 Sec. 2671

emergency medical services line personnel: means persons who are career employees employed full-time by a public sector agency or employer and whose primary responsibility is to provide emergency medical services. See Maine Revised Statutes Title 5 Sec. 286-M

Enrollee: means a county or municipal law enforcement officer or municipal firefighter who has enrolled in the program. See Maine Revised Statutes Title 5 Sec. 286-M

Entity: means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:

A. See Maine Revised Statutes Title 5 Sec. 102

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Exploitation: means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage. See Maine Revised Statutes Title 22 Sec. 3472

facility: includes a pharmacy licensed pursuant to Title 32. See Maine Revised Statutes Title 5 Sec. 19201

fair: means a nonprofit agricultural fair society eligible for a stipend under Title 7, chapter 4. See Maine Revised Statutes Title 17 Sec. 1831

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

federal Affordable Care Act: means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to or regulations or guidance issued under those acts. See Maine Revised Statutes Title 24-A Sec. 14

Federal office: means the office of the United States Senator or Representative to Congress. See Maine Revised Statutes Title 21-A Sec. 1

Fetal alcohol spectrum disorder: means a condition whose effects include having facial characteristics, growth restriction, central nervous system abnormalities or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age. See Maine Revised Statutes Title 22 Sec. 4002

Fiduciary: A trustee, executor, or administrator.

Filing entity: means an entity that is created by the filing of a public organic document. See Maine Revised Statutes Title 5 Sec. 102

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Foreign entity: means an entity other than a domestic entity. See Maine Revised Statutes Title 5 Sec. 102

Foreign qualification document: means an application for a certificate of authority or other foreign qualification filing with the Secretary of State by a foreign entity. See Maine Revised Statutes Title 5 Sec. 102

Foster parent: means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with whom the child lives pursuant to a court order or agreement with the department. See Maine Revised Statutes Title 22 Sec. 4002

Fraud: Intentional deception resulting in injury to another.

Fund: means the Northern Maine Transmission Corporation Fund established in section 9204. See Maine Revised Statutes Title 10 Sec. 9201

Fund: means the Firefighters and Law Enforcement Officers Health Insurance Program Fund established in subsection 7. See Maine Revised Statutes Title 5 Sec. 286-M

Game of chance: means a game, contest, scheme or device in which:

A. See Maine Revised Statutes Title 17 Sec. 1831

Game of skill: means any game, contest, scheme or device in which a person stakes or risks something of value for the opportunity to win something of value and that is not a game of chance. See Maine Revised Statutes Title 17 Sec. 1831

General election: means the regular election of state and county officials occurring biennially in November. See Maine Revised Statutes Title 21-A Sec. 1

Governance interest: means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee or proxy, to:

A. See Maine Revised Statutes Title 5 Sec. 102

Governor: means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Maine Revised Statutes Title 5 Sec. 102

Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,

Grandparent: means the parent of a child's parent. See Maine Revised Statutes Title 22 Sec. 4002

Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72

Gross revenue: means the total amount wagered in a game of chance less the prizes awarded. See Maine Revised Statutes Title 17 Sec. 1831

group health insurance plan: means any employer-sponsored group health insurance plan, whether self-insured or fully insured, that provides coverage to eligible employees, retirees and their dependents. See Maine Revised Statutes Title 5 Sec. 286-M

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Health care provider: means any appropriately licensed, certified or registered provider of mental or physical health care, either in the public or private sector or any business establishment providing health care services. See Maine Revised Statutes Title 5 Sec. 19201

health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704

Healthy soils best practices: means agricultural and land management practices that:

A. See Maine Revised Statutes Title 12 Sec. 351

Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

HIV: means the human immunodeficiency virus, identified as the causative agent of Acquired Immune Deficiency Syndrome or AIDS. See Maine Revised Statutes Title 5 Sec. 19201

HIV test: means a test for the presence of an antibody to HIV or a test for an HIV antigen or other diagnostic determinants specific for HIV infection. See Maine Revised Statutes Title 5 Sec. 19201

Immediate family: means a person's spouse, parent, grandparent, child, grandchild, sister, half-sister, brother, half-brother, stepparent, stepgrandparent, stepchild, stepgrandchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, guardian, former guardian, domestic partner, the half-brother or half-sister of a person's spouse, or the spouse of a person's half-brother or half-sister. See Maine Revised Statutes Title 21-A Sec. 1

Incapacitated adult: means an adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonably available appropriate technological assistance. See Maine Revised Statutes Title 22 Sec. 3472

Incoming voting list: means the printed list of all of the voters in a municipality that is used by election officials at a voting place to record which voters have been issued a ballot at an election. See Maine Revised Statutes Title 21-A Sec. 1

Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Inter vivos: Transfer of property from one living person to another living person.

Interest: means :

A. See Maine Revised Statutes Title 5 Sec. 102

Interest holder: means a direct holder of an interest. See Maine Revised Statutes Title 5 Sec. 102

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Internet raffle: means a raffle in which a person purchases a raffle chance or ticket through, and a winner or winning chances are determined by, a digital platform that involves, at least in part, the use of the Internet. See Maine Revised Statutes Title 17 Sec. 1831

Internet raffle operator: means a person, firm, corporation, association or organization licensed under section 1837?B, subsection 2 to conduct an Internet raffle using an Internet raffle system. See Maine Revised Statutes Title 17 Sec. 1831

Internet raffle system: means a mobile application or other digital platform and the accompanying computer software approved by the Gambling Control Unit under section 1837?B, subsection 4 for use in conducting an Internet raffle. See Maine Revised Statutes Title 17 Sec. 1831

Intestate: Dying without leaving a will.

Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.

jeopardy: means serious abuse or neglect, as evidenced by:

A. See Maine Revised Statutes Title 22 Sec. 4002

Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement

Jurisprudence: The study of law and the structure of the legal system.

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Licensed camping facility: means a recreational camp, youth camp or camping area licensed under Title 22, section 2495. See Maine Revised Statutes Title 12 Sec. 9321-B

Licensed mental health professional: means a psychiatrist, licensed psychologist, licensed clinical social worker or certified social worker. See Maine Revised Statutes Title 22 Sec. 4002

Licensee: means a firm, corporation, association or organization licensed by the Gambling Control Unit to operate a game of chance. See Maine Revised Statutes Title 17 Sec. 1831

Lien: A claim against real or personal property in satisfaction of a debt.

Lineal descendant: Direct descendant of the same ancestors.

Litter: includes waste materials resulting from or associated with the use of tobacco products, including, but not limited to, cigarette butts, all waste materials resulting from the outdoor release or abandonment of a balloon and all waste materials resulting from the use of consumer fireworks. See Maine Revised Statutes Title 17 Sec. 2263

Local government: means a municipality, county, school district or other special-purpose district or multi-purpose district. See Maine Revised Statutes Title 5 Sec. 92-A

Machine: means any machine, including electronic devices, however operated, the internal mechanism or components of which when set in motion or activated and by the application of the element of chance may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets or something of value as defined in subsection 17. See Maine Revised Statutes Title 17 Sec. 1831

Majority multiple-employer welfare arrangement: means the multiple-employer welfare arrangement, as defined in Title 24?A, section 6601, subsection 5, in which the majority of state municipal government employees are enrolled as of the effective date of this section. See Maine Revised Statutes Title 5 Sec. 286-M

may: when used in this Title, is used in a permissive sense to grant authority or permission, but not to create duty, to act in the manner specified by the context. See Maine Revised Statutes Title 21-A Sec. 7

Member: means a bona fide member of a firm, corporation, association, organization, department or class or a combination thereof who has been duly admitted as a member according to the laws, rules, regulations, ordinances or bylaws governing membership in the firm, corporation, association, organization, department, class or combination thereof. See Maine Revised Statutes Title 17 Sec. 1831

Minor: means a person who has not attained 18 years of age. See Maine Revised Statutes Title 17 Sec. 2011

Mobile home: means a structure, transportable in one or more sections, which:

A. See Maine Revised Statutes Title 10 Sec. 9091

Mobile home park: means any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate 2 or more mobile homes. See Maine Revised Statutes Title 10 Sec. 9091

Moratorium: means a temporary land use regulation or ordinance approved by the commission or a municipal legislative body which prevents development or subdivision by withholding authorization or approval necessary for development. See Maine Revised Statutes Title 12 Sec. 682

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

municipal clerk: means the clerk, deputy clerk or assistant clerk, where directed by the clerk to carry out duties under this Title, of a municipality. See Maine Revised Statutes Title 21-A Sec. 1

Municipal committee: means a city, town or ward committee of a political party. See Maine Revised Statutes Title 21-A Sec. 1

Municipal firefighter: means a person employed by a municipal fire department with the primary responsibility of aiding in the extinguishment of fires and includes a member of emergency medical services line personnel but does not include a member of a volunteer firefighter association. See Maine Revised Statutes Title 5 Sec. 286-M

Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 21-A Sec. 1

Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72

Municipality: means a city, town or plantation. See Maine Revised Statutes Title 21-A Sec. 1

Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72

Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001

National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}

Neglect: means a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these. See Maine Revised Statutes Title 22 Sec. 3472

Net revenue: means gross revenue less allowable expenses as described in section 1838. See Maine Revised Statutes Title 17 Sec. 1831

Noncommercial clerk: means a clerk that is not listed as a commercial clerk under section 106 and that is:

A. See Maine Revised Statutes Title 5 Sec. 102

Noncommercial registered agent: means a person that is not listed as a commercial registered agent under section 106 and that is:

A. See Maine Revised Statutes Title 5 Sec. 102

Nonqualified foreign entity: means a foreign entity that is not authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102

Nonresident LLP statement: means :

A. See Maine Revised Statutes Title 5 Sec. 102

Normal wear and tear: means that deterioration which occurs, without negligence, carelessness, accident or abuse of the premises or equipment by the tenant, members of the tenant's household or their invitees or guests. See Maine Revised Statutes Title 10 Sec. 9091

Nursery school: means nursery school, as defined in Title 22, section 8401. See Maine Revised Statutes Title 17 Sec. 2871

Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72

Oath: A promise to tell the truth.

Organic law: means the statutes, if any, other than this chapter, governing the internal affairs of an entity. See Maine Revised Statutes Title 5 Sec. 102

Organic rules: means the public organic document and private organic rules of an entity. See Maine Revised Statutes Title 5 Sec. 102

Overseas voter: means :

A. See Maine Revised Statutes Title 21-A Sec. 1

Parent: means a natural or adoptive parent or a parent established under Title 19?A, chapter 61, unless parental rights have been terminated. See Maine Revised Statutes Title 22 Sec. 4002

Party: means a political organization which has qualified to participate in a primary or general election under chapter 5. See Maine Revised Statutes Title 21-A Sec. 1

Person: means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 5 Sec. 102

Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002

Person: means an individual, corporation, partnership or unincorporated association. See Maine Revised Statutes Title 17 Sec. 2011

Person: means any person, firm, partnership, association, corporation or organization of any kind whatsoever. See Maine Revised Statutes Title 17 Sec. 2263

Person: means any natural person, firm, corporation, partnership or other organization, association or group, however organized. See Maine Revised Statutes Title 5 Sec. 19201

Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001

Person responsible for the child: includes the child's custodian. See Maine Revised Statutes Title 22 Sec. 4002

Planned subdistrict: means a delineated area for which a specific land use plan and standards have been agreed to by the owner of the land within the delineated area and approved by the commission. See Maine Revised Statutes Title 12 Sec. 682

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Political committee: means 2 or more persons associated for the purpose of promoting or defeating a candidate, party or principle. See Maine Revised Statutes Title 21-A Sec. 1

Population: means the population determined by the last Decennial Census of the United States. See Maine Revised Statutes Title 21-A Sec. 1

Preadoptive parent: means a person who has entered into a preadoption agreement with the department with respect to the child. See Maine Revised Statutes Title 22 Sec. 4002

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

Preschool facility: means any day care center or nursery school. See Maine Revised Statutes Title 17 Sec. 2871

present sale: means a sale which is accomplished by the making of the contract. See Maine Revised Statutes Title 11 Sec. 2-106

Primary election: means the regular election for the election of nominees of a party for the general election. See Maine Revised Statutes Title 21-A Sec. 1

Private organic rules: means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all of its interest holders and are not part of its public organic document, if any. See Maine Revised Statutes Title 5 Sec. 102

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Program: means the Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program established in this section. See Maine Revised Statutes Title 5 Sec. 286-M

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Protective services: means services that separate incapacitated or dependent adults from danger. See Maine Revised Statutes Title 22 Sec. 3472

Public organic document: means the public record, the filing of which creates an entity, and any amendment to or restatement of that record. See Maine Revised Statutes Title 5 Sec. 102

Public place: means any area that is used or held out for use by the public whether or not owned or operated by public or private interests. See Maine Revised Statutes Title 17 Sec. 2263

Qualified foreign entity: means a foreign entity that is authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102

Qualified residential treatment program: means a program within a licensed children's residential care facility as defined in section 8101, subsection 4 that provides continuous 24-hour care and supportive services to children in a residential nonfamily home setting that:

A. See Maine Revised Statutes Title 22 Sec. 4002

Question: means any proposition submitted to the voters. See Maine Revised Statutes Title 21-A Sec. 1

Raffle: means a game of chance in which:

A. See Maine Revised Statutes Title 17 Sec. 1831

Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72

Real estate: means land and structures attached to it. See Maine Revised Statutes Title 12 Sec. 682

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Record: includes records of historic and archival value to the State, regardless of the date of their generation, including all documents determined to have such value to the State by statute and, when appropriate, by the State Archivist. See Maine Revised Statutes Title 5 Sec. 92-A

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 5 Sec. 102

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 30-A Sec. 3771

Records retention schedule: means a policy document that defines the minimum time a record must be retained and contains disposition instructions on how the record must be handled when no longer needed for agency business. See Maine Revised Statutes Title 5 Sec. 92-A

Recreational campfire: includes a residential fire contained within an out-of-door fireplace. See Maine Revised Statutes Title 12 Sec. 9321-B

Red flag warning: means a forecast warning issued by the United States Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service or its successor, in consultation with the bureau, that informs the public, firefighters and land management agencies that conditions are ideal for wildland fire combustion and rapid spread. See Maine Revised Statutes Title 12 Sec. 9321-B

Referendum: means an election for the determination of a question. See Maine Revised Statutes Title 21-A Sec. 1

Registered agent: means a commercial registered agent or a noncommercial registered agent. See Maine Revised Statutes Title 5 Sec. 102

Registered agent filing: means :

A. See Maine Revised Statutes Title 5 Sec. 102

registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72

Registrant: means a person or organization registered with the Gambling Control Unit to conduct a game of chance, a raffle or certain tournament games, for which a license is not required under this chapter. See Maine Revised Statutes Title 17 Sec. 1831

Registrar: means the registrar or deputy registrar of voters of a municipality. See Maine Revised Statutes Title 21-A Sec. 1

Relative: includes , for an Indian child as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 4, or by the Maine Indian Child Welfare Act, section 3943, subsection 8, an extended family member as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, an extended family member as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 2 or the Maine Indian Child Welfare Act, section 3943, subsection 5. See Maine Revised Statutes Title 22 Sec. 4002

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Removal of the child from home: means that the department or a court has taken a child out of the home of the parent, legal guardian or custodian without the permission of the parent or legal guardian. See Maine Revised Statutes Title 22 Sec. 4002

Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

Represented entity: means :

A. See Maine Revised Statutes Title 5 Sec. 102

Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

Residence: means that place where the person has established a fixed and principal home to which the person, whenever temporarily absent, intends to return. See Maine Revised Statutes Title 21-A Sec. 1

Residence address: means the street and number or other designation indicating the physical location of a person's residence. See Maine Revised Statutes Title 21-A Sec. 1

Resource family: means a person or persons who provide care to a child in the child welfare system and who are foster parents, permanency guardians, adoptive parents or members of the child's extended birth family. See Maine Revised Statutes Title 22 Sec. 4002

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}

Roulette: means a game of chance in which players bet on the compartment of a revolving wheel into which a small ball will come to rest. See Maine Revised Statutes Title 17 Sec. 1831

Salvia divinorum: means the herb Salvia divinorum and includes Salvinorin A and Divinorin A. See Maine Revised Statutes Title 17 Sec. 2011

Scrap metal: means metal that can be recycled, including, but not limited to, bits and pieces of metal parts that may be combined together with bolts or soldering and can be recycled when worn or superfluous. See Maine Revised Statutes Title 30-A Sec. 3771

Scrap metal processor: means a person that purchases scrap metal for resale or recycling. See Maine Revised Statutes Title 30-A Sec. 3771

Security deposit: means any advance or deposit of money, the primary function of which is to secure the performance of a rental agreement for a mobile home, including premises used solely for the storage or display of mobile homes. See Maine Revised Statutes Title 10 Sec. 9091

Seller: means a person who sells or contracts to sell goods. See Maine Revised Statutes Title 11 Sec. 2-103

Seller: means any person that receives in a transaction monetary consideration from a scrap metal processor in exchange for nonferrous metal, iron or steel, including stainless steel. See Maine Revised Statutes Title 30-A Sec. 3771

Serious harm: means :

A. See Maine Revised Statutes Title 22 Sec. 3472

Serious harm: means :

A. See Maine Revised Statutes Title 22 Sec. 4002

Serious injury: means serious physical injury or impairment. See Maine Revised Statutes Title 22 Sec. 4002

Service of process: The service of writs or summonses to the appropriate party.

Setback: means the minimum horizontal distance from a lot line, shoreline or road to the nearest part of a structure. See Maine Revised Statutes Title 12 Sec. 682

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Shoreline: means the normal high water mark of tidal waters, a coastal or inland wetland, a standing body of water or flowing water. See Maine Revised Statutes Title 12 Sec. 682

Sign: means , with present intent to authenticate or adopt a record:

A. See Maine Revised Statutes Title 5 Sec. 102

Signature: includes a signature stamp and a signature written by another registered voter on behalf of an individual in accordance with the procedure set forth in section 153?A and, for an individual who is unable to sign that individual's own name, a mark. See Maine Revised Statutes Title 21-A Sec. 1

Something of value: means :

A. See Maine Revised Statutes Title 17 Sec. 1831

Spaghetti-lot: means a parcel of land with a lot depth to shore frontage ratio greater than 5 to 1. See Maine Revised Statutes Title 12 Sec. 682

Special election: means an election other than a regular election. See Maine Revised Statutes Title 21-A Sec. 1

State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72

State-federal health coverage partnership: includes , but is not limited to, innovation waivers under Section 1332 of the federal Affordable Care Act. See Maine Revised Statutes Title 24-A Sec. 2781

Structure: means anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, buildings, mobile homes, retaining walls, billboards, signs, piers and floats. See Maine Revised Statutes Title 12 Sec. 682

subdivision: means a division of an existing parcel of land into 3 or more parcels or lots within any 5-year period, whether this division is accomplished by platting of the land for immediate or future sale, by sale of the land or by leasing. See Maine Revised Statutes Title 12 Sec. 682

Subpoena: A command to a witness to appear and give testimony.

Suspicious child death: means the death of a child under circumstances in which there is reasonable cause to suspect that abuse or neglect was a cause of or factor contributing to the child's death. See Maine Revised Statutes Title 22 Sec. 4002

Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Tenant: means a mobile home owner who rents a parcel of land in a mobile home park. See Maine Revised Statutes Title 10 Sec. 9091

Terminal illness: means a disease or condition that, without life-sustaining measures, will soon result in death or in a state of permanent unconsciousness from which recovery is unlikely. See Maine Revised Statutes Title 22 Sec. 2671

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Tokens: means distinctive objects, chips, tickets or other devices of no intrinsic value used as a substitute for cash in accounting for revenue from a game of chance. See Maine Revised Statutes Title 17 Sec. 1831

Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72

Township: means unorganized territory. See Maine Revised Statutes Title 21-A Sec. 1

Tract: means that area composed of blocks or block groups that is defined as a tract in the United States Census for 1990. See Maine Revised Statutes Title 21-A Sec. 1202

Trailer: means any vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle. See Maine Revised Statutes Title 17 Sec. 2263

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transfer: means to sell, furnish, give, lend, deliver or otherwise provide with or without consideration. See Maine Revised Statutes Title 17 Sec. 2011

Transferable interest: means the right under an entity's organic law to receive distributions from the entity. See Maine Revised Statutes Title 5 Sec. 102

Transient occupancy: means occupancy that does not exceed 120 days in a calendar year. See Maine Revised Statutes Title 12 Sec. 682

Treasurer: means a person appointed by a candidate or a political committee to accept or disburse money to promote or defeat a candidate, party or principle. See Maine Revised Statutes Title 21-A Sec. 1

Treating physician: means a physician who has primary responsibility for the care of a patient and treatment of that patient's terminal illness. See Maine Revised Statutes Title 22 Sec. 2671

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

Uniformed service: means the United States Army, Navy, Air Force, Marine Corps and Coast Guard, the commissioned corps of the United States Public Health Service and the commissioned corps of the National Oceanic and Atmospheric Administration. See Maine Revised Statutes Title 21-A Sec. 1

Uniformed service voter: means :

A. See Maine Revised Statutes Title 21-A Sec. 1

unit: means the bureau within the Department of Public Safety under Title 25, section 2902, subsection 12 or an authorized representative of the Gambling Control Unit. See Maine Revised Statutes Title 17 Sec. 1831

Unorganized and deorganized areas: includes :

A. See Maine Revised Statutes Title 12 Sec. 682

Vehicle: means every vehicle which is self-propelled and designed for carrying persons or property or which is used for the transportation of persons, except motorcycles, farm implements and snowmobiles. See Maine Revised Statutes Title 17 Sec. 2263

Venue: The geographical location in which a case is tried.

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

Voter: means a person registered to vote. See Maine Revised Statutes Title 21-A Sec. 1

Voting district: means an area set off from another in the same municipality for voting purposes. See Maine Revised Statutes Title 21-A Sec. 1

Voting machine: means an apparatus on which voters cast their votes that records each vote by means of mechanical or electronic counters and furnishes a total of the number of votes cast for each candidate and for and against each referendum measure. See Maine Revised Statutes Title 21-A Sec. 808

Voting place: means the building in which ballots are cast at an election. See Maine Revised Statutes Title 21-A Sec. 1

Warden: means the presiding officer at a voting place. See Maine Revised Statutes Title 21-A Sec. 1

Watercraft: means any type of vessel, boat or craft used or capable of being used as a means of transportation on water. See Maine Revised Statutes Title 17 Sec. 2263

Write-in candidate: means a person whose name does not appear on the ballot under the office designation to which a voter may wish to elect the candidate. See Maine Revised Statutes Title 21-A Sec. 1