Maine Revised Statutes > Title 29-A > Chapter 23 > Subchapter 3 – Administrative Actions
Current as of: 2023 | Check for updates
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| Sections | ||
|---|---|---|
| Article 1 | Suspension and Revocation | 2451 – 2464 |
| Article 2 | Provisional License | 2471 – 2472 |
| Article 3 | Administrative Procedures | 2481 – 2487 |
| Article 4 | Special Licenses | 2501 – 2508 |
Terms Used In Maine Revised Statutes > Title 29-A > Chapter 23 > Subchapter 3 - Administrative Actions
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adjudication: means a finding by a court that a person has committed a traffic infraction and includes the acceptance by the clerk of the violations bureau or any judicial division of an answer of not contested. See Maine Revised Statutes Title 29-A Sec. 101
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Agent: means a principal corporate officer, partner, owner or majority shareholder of a contract security company or a resident of the State who manages or supervises the security guard business of a resident or nonresident contract security company within the State. See Maine Revised Statutes Title 32 Sec. 9403
- Alcohol and drug program: means the alcohol and other drug education, evaluation and treatment program administered by the Department of Health and Human Services under Title 5, chapter 521, subchapter 5. See Maine Revised Statutes Title 29-A Sec. 2401
- Alcohol level: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Maine Revised Statutes Title 29-A Sec. 2401
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Armored car service: means the service provided by any person transporting or offering to transport, under armed security guard, currency, jewels, stocks, bonds, paintings or other things of value in a motor vehicle specially equipped to offer a high degree of security. See Maine Revised Statutes Title 32 Sec. 9403
- 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.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Board: means the Board of Licensure of Professional Investigators under section 8103?A, as established under Title 5, section 12004?G, subsection 29?D. See Maine Revised Statutes Title 32 Sec. 8103
- Board: means the Board of Respiratory Care Practitioners established under this chapter. See Maine Revised Statutes Title 32 Sec. 9702
- Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101
- Bus: means a motor vehicle designed for carrying more than 15 persons, including the operator. See Maine Revised Statutes Title 29-A Sec. 101
- Chief: means the Chief of the State Police or the chief's designee. See Maine Revised Statutes Title 32 Sec. 8103
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
A. See Maine Revised Statutes Title 29-A Sec. 101Commission: means the Substance Use Disorder Services Commission, as established by section 12004?G, subsection 13?C. See Maine Revised Statutes Title 5 Sec. 20003 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003 Commissioner: means the Commissioner of Public Safety. See Maine Revised Statutes Title 32 Sec. 9403 Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 9702 Community service provider: means a provider of substance use disorder treatment or gambling addiction treatment, including, but not limited to, evaluation. See Maine Revised Statutes Title 5 Sec. 20003 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Contract security company: means any person engaged in the business of providing, or who undertakes to provide, a security guard for another person. See Maine Revised Statutes Title 32 Sec. 9403 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Dangerous substance: means alcohol or any substance that is a schedule W, X, Y or Z drug under Title 17?A, chapter 45. See Maine Revised Statutes Title 32 Sec. 9403 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003 Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101 Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 9702 Dependent: A person dependent for support upon another. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Docket: A log containing brief entries of court proceedings. Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Drug user: means a person who uses any dangerous substance in violation of any law of the State. See Maine Revised Statutes Title 32 Sec. 9403 Drug-dependent person: means a person who is unable to function effectively and whose inability to do so results from the use of a dangerous substance. See Maine Revised Statutes Title 32 Sec. 9403 drugs: includes any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 2401 Employee: means a natural person who performs one or more security guard functions under a contract of hire between the natural person and a contract security company or between the natural person and a proprietary security organization. See Maine Revised Statutes Title 32 Sec. 9403 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. failed to submit to a test: means failure to comply with the duty to submit to and complete a chemical test under section 2521 or 2525. See Maine Revised Statutes Title 29-A Sec. 2401 Fiduciary: A trustee, executor, or administrator. Formal charging instrument: means a complaint, indictment, information, juvenile petition or other formal written accusation against a person for some criminal or juvenile offense. See Maine Revised Statutes Title 32 Sec. 9403 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. highway: means a public way. See Maine Revised Statutes Title 29-A Sec. 101 Ignition interlock device: means a device that connects a breath analyzer to a motor vehicle's ignition system. See Maine Revised Statutes Title 29-A Sec. 2401 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Investigative assistant: means a person who acts as a professional investigator under the supervision of a licensed professional investigator in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 8103 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 29-A Sec. 101 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Licensee: means any person to whom a license is granted in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 9403 Licensing authority: means the Commissioner of Public Safety. See Maine Revised Statutes Title 32 Sec. 9403 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Motor carrier: means a contract carrier, a common carrier or a private carrier of property or passengers by motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Motor vehicle violation: means a violation of this Title. See Maine Revised Statutes Title 29-A Sec. 101 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Nonresident: means a person whose legal residence is not in the State. See Maine Revised Statutes Title 29-A Sec. 101 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101 OUI: means operating under the influence of intoxicants or with an excessive alcohol level under section 2411, 2453, 2453?A, 2454, 2456, 2457 or 2472. See Maine Revised Statutes Title 29-A Sec. 2401 OUI conviction: means a conviction for:
A. See Maine Revised Statutes Title 29-A Sec. 2401OUI offense: means an OUI conviction or suspension for failure to submit to a test. See Maine Revised Statutes Title 29-A Sec. 2401 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person holding title to a vehicle or having exclusive right to the use of the vehicle for a period of 30 days or more. See Maine Revised Statutes Title 29-A Sec. 101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Person: means any natural person, firm, association, partnership, corporation, government agency or subdivision, or any employee or agent thereof. See Maine Revised Statutes Title 32 Sec. 8103 Person: means any natural person, firm, association, organization, partnership, corporation or any employee or agent thereof. See Maine Revised Statutes Title 32 Sec. 9403 Person: means any individual, partnership, unincorporated organization or corporation. See Maine Revised Statutes Title 32 Sec. 9702 Person with substance use disorder: means a drug-dependent person who due to the use of a dangerous substance has developed such a tolerance to the substance that abrupt termination of the use of the substance would produce withdrawal symptoms. See Maine Revised Statutes Title 32 Sec. 9403 Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Prevention: means any activity designed to educate or provide information to individuals and groups about the use of alcohol and other drugs. See Maine Revised Statutes Title 5 Sec. 20003 Prevention of drug traffic: means any functions conducted for the purpose of preventing drug traffic, such as law enforcement and judicial activities or proceedings, including:
A. See Maine Revised Statutes Title 5 Sec. 20003Principal corporate officer: means the president, vice-president, treasurer, secretary, clerk and comptroller, as well as any other person who performs functions for the corporation corresponding to those performed by the other officers enumerated in this subsection. See Maine Revised Statutes Title 32 Sec. 9403 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Professional investigator: means any person who engages in or solicits business or accepts employment to conduct private investigations. See Maine Revised Statutes Title 32 Sec. 8103 Proprietary security organization: means any organization or department of that organization which provides fulltime security guards solely for itself. See Maine Revised Statutes Title 32 Sec. 9403 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Reckless or negligent conduct: means that the applicant, either consciously disregarding or failing to be aware of a risk that his conduct would cause such a result, engaged in conduct which in fact created a substantial risk of either death, serious bodily injury, bodily injury or offensive physical contact to another human being or the taking of, or damage or destruction to, the property of another person or government, and the applicant's disregard or failure to be aware of that risk, when viewed in light of the nature and purpose of the applicant's conduct and the circumstances known to him, involved a deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation. See Maine Revised Statutes Title 32 Sec. 9403 Recovery residence: means a shared living residence for persons recovering from substance use disorder that is focused on peer support, provides to its residents an environment free of alcohol and illegal drugs and assists its residents by connecting the residents to support services or resources in the community that are available to persons recovering from substance use disorder. See Maine Revised Statutes Title 5 Sec. 20003 Registration: means the registration certificate, plates and renewal devices pertaining to the registration of a vehicle, including temporary registered gross weight increases. See Maine Revised Statutes Title 29-A Sec. 101 Resident: means a person who has declared or established residency in this State or has been domiciled in this State for a period of at least 30 days, except for persons in compliance with section 109, subsection 1. See Maine Revised Statutes Title 29-A Sec. 101 Respiratory care: includes the terms "respiratory therapy" or "inhalation therapy. See Maine Revised Statutes Title 32 Sec. 9702 Respiratory care practitioner: means a person licensed as a respiratory therapist or as a respiratory care technician under this chapter. See Maine Revised Statutes Title 32 Sec. 9702 Respiratory care practitioner trainee: means an employee of a health care facility who is enrolled in the clinical portion of an approved respiratory care educational program. See Maine Revised Statutes Title 32 Sec. 9702 Security guard: means any person who, for any consideration whatsoever, performs any of the following functions:
A. See Maine Revised Statutes Title 32 Sec. 9403Security system: means equipment designed to detect or signal an unauthorized intrusion to which security guards are expected to respond. See Maine Revised Statutes Title 32 Sec. 9403 Standards: means criteria and rules of the department that are to be met before and during operation of any treatment facility or treatment program. See Maine Revised Statutes Title 5 Sec. 20003 Statute: A law passed by a legislature. Street patrol service: means any contract security company or proprietary security organization utilizing foot patrols, motor vehicles or any other means of transportation on public thoroughfares as security guards. See Maine Revised Statutes Title 32 Sec. 9403 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. test: means a test or tests used to determine alcohol level or the presence of a drug or drug metabolite by analysis of blood, breath or urine. See Maine Revised Statutes Title 29-A Sec. 2401 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101 Traffic infraction: means any violation of any provision of this Title, or of any rules established under this Title, not expressly defined as a crime or as a civil violation and otherwise not punishable by incarceration. See Maine Revised Statutes Title 29-A Sec. 101 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. Treatment: means the broad range of emergency, outpatient, intermediate and inpatient services and care, including career counseling, diagnostic evaluation, employment, health, medical, psychiatric, psychological, recreational, rehabilitative, social service care, treatment and vocational services, that may be extended to a drug user, a person with substance use disorder or a person in need of assistance due to the use of a dependency-related drug. See Maine Revised Statutes Title 5 Sec. 20003 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Under the influence of intoxicants: means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs. See Maine Revised Statutes Title 29-A Sec. 2401 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72