Maine Revised Statutes > Title 5 > Part 18-A > Chapter 383 > Subchapter 2 – Business Development
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Terms Used In Maine Revised Statutes > Title 5 > Part 18-A > Chapter 383 > Subchapter 2 - Business Development
- accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
- Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
- 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.
- Agent: means any person who sells or distributes potatoes or rotation crops in commerce for or on behalf of producers or others and whose operations may include the planting, cultivating, harvesting, grading, packing and furnishing containers, supplies or other services. See Maine Revised Statutes Title 7 Sec. 1012
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Applicant: means any person applying for a license under this Article. See Maine Revised Statutes Title 7 Sec. 1012
- Appointing authority: means the officer, board, commission, person or group of persons having the power by virtue of the Constitution of Maine, a statute or lawfully delegated authority to make appointments. See Maine Revised Statutes Title 5 Sec. 7032
- 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
- Arborist: means a person who, for compensation, takes down or fells, diagnoses or evaluates the condition of shade or ornamental trees; solicits, recommends or supervises the treatment of those trees; or in any manner or for any purpose treats or cares for those trees. See Maine Revised Statutes Title 7 Sec. 2173
- 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 Loring Development Authority of Maine. See Maine Revised Statutes Title 5 Sec. 13080-A
- Average final compensation: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Average personal income growth: means the average for the prior 10 calendar years, ending with the most recent calendar year for which data is available, of the percent change in personal income in this State, as estimated by the United States Department of Commerce, Bureau of Economic Analysis. See Maine Revised Statutes Title 5 Sec. 1531 Base area: means the area within the geographic boundaries of Loring Air Force Base. See Maine Revised Statutes Title 5 Sec. 13080-A Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001 Biennial base year appropriation: means :
A. See Maine Revised Statutes Title 5 Sec. 1531Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Board: means the Maine Potato Board established in Title 36, section 4603. See Maine Revised Statutes Title 7 Sec. 970 Broker: means any person engaged in the business of negotiating sales of potatoes in commerce for or on behalf of the seller or the purchaser, respectively. See Maine Revised Statutes Title 7 Sec. 1012 Buyer: means any person other than a consumer who purchases or contracts to purchase potatoes or rotation crops. See Maine Revised Statutes Title 7 Sec. 1012 certified seed: as used in this Title shall be deemed to mean potato, vegetable, forage crop or grain seeds as shall have been grown and prepared for sale in accordance with regulations laid down by the commissioner and for which a certificate or tag has been issued as provided in section 2103. See Maine Revised Statutes Title 7 Sec. 2101 Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001 Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Civil deputy: means a deputy who meets the requirements for a civil deputy adopted by the sheriff and has been designated by the sheriff to enforce civil laws and serve civil process. See Maine Revised Statutes Title 30-A Sec. 351 Classified service: means all offices and positions of trust and employment in state service, except those placed in the unclassified service by chapter 71. See Maine Revised Statutes Title 5 Sec. 7032 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 1531 Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Community-based organization: means a nonprofit organization that has:
A. See Maine Revised Statutes Title 5 Sec. 13063-JComplaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consumer pack: means a unit of 50 pounds or less net weight of potatoes contained in a bag or other type of container. See Maine Revised Statutes Title 7 Sec. 1032 Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means any person engaged in the business of buying or selling potatoes or rotation crops in wholesale or jobbing quantities in commerce and includes:
A. See Maine Revised Statutes Title 7 Sec. 1012Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 5 Sec. 17001 Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Dependent: A person dependent for support upon another. Dependent child: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Deputy: means either a full-time or part-time county law enforcement officer appointed under section 381. See Maine Revised Statutes Title 30-A Sec. 351 Designated beneficiary: means the beneficiary designated under section 18552. See Maine Revised Statutes Title 5 Sec. 18551 Devise: To gift property by will. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Earnable compensation: includes :
(1) Workers' compensation benefits;
(2) Maintenance, if any;
(3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and
(4) Pick-up contributions. See Maine Revised Statutes Title 5 Sec. 17001Economic development incentive: means federal and state statutorily defined programs that receive state funds, dedicated revenue funds and tax expenditures as defined by section 1666 whose purposes are to create, attract or retain business entities related to business development in the State. See Maine Revised Statutes Title 5 Sec. 13070-J Economic development investments: means commitments of state funds, dedicated revenue funds and tax expenditures as defined by section 1666 for research and development activities and economic development incentive programs. See Maine Revised Statutes Title 5 Sec. 13070-J Economic development proposal: means proposed legislation that establishes a new program or that expands an existing program that:
(1) Is intended to encourage significant business expansion or retention in the State; and
(2) Contains a tax expenditure, as defined in section 1666, or a budget expenditure with a cost that is estimated to exceed $100,000 per year. See Maine Revised Statutes Title 5 Sec. 13070-JEligible register: means any book or other type of record or list on which the names of persons are placed who are qualified for the specific job classification for which the register is created. See Maine Revised Statutes Title 5 Sec. 7032 Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Employee: means any person holding a position subject to appointment by an appointing authority. See Maine Revised Statutes Title 5 Sec. 7032 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Ex officio: Literally, by virtue of one's office. 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. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Full-time deputy: means a deputy who is compensated under section 386, subsection 1, and who is employed in county law enforcement for at least 40 hours a week. See Maine Revised Statutes Title 30-A Sec. 351 Full-time student: means a person who meets the requirements for a full-time student set out in rules adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001 Fund: means the Potato Marketing Improvement Fund established in Title 10, section 1023?N. See Maine Revised Statutes Title 7 Sec. 970 Fund: means the Maine Microenterprise Initiative Fund established in section 13063?K. See Maine Revised Statutes Title 5 Sec. 13063-J General Fund revenue shortfall: means the amount by which the General Fund appropriation limitation established by section 1534 exceeds baseline General Fund revenue and other available resources in each state fiscal year. See Maine Revised Statutes Title 5 Sec. 1531 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Health care provider: means an appropriately licensed, certified or registered provider of mental or physical health care, in either the public or private sector. See Maine Revised Statutes Title 5 Sec. 17001 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. 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. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 Intertidal zone: means the shores, flats or other land between the high and mean low water mark. See Maine Revised Statutes Title 12 Sec. 6071-A Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensed federal-state potato inspector: means an authorized representative of the Federal-State Inspection Service. See Maine Revised Statutes Title 7 Sec. 1012 Licensee: means any person who holds an unrevoked and valid unsuspended license issued under this Article. See Maine Revised Statutes Title 7 Sec. 1012 Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Maine bag: means any consumer pack for potatoes on which appears the word Maine in letters larger than 1/4 inch or a pictorial representation of the outline of the shape of the state. See Maine Revised Statutes Title 7 Sec. 1032 Maine bag grade: means any of the officially established grades of potatoes as adopted by the commissioner. See Maine Revised Statutes Title 7 Sec. 1032 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Medical review service provider: means an entity with whom the chief executive officer has contracted for the review of medical records and the provision of recommendations, opinions and certifications under this Part by health care providers employed by the entity. See Maine Revised Statutes Title 5 Sec. 17001 Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 Microenterprise: means a business located in the State that produces goods or provides services and has fewer than 10 full-time equivalent employees. See Maine Revised Statutes Title 5 Sec. 13063-J Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Officer: means the State Human Resources Officer. See Maine Revised Statutes Title 5 Sec. 7032 Ornamental trees: means trees of shade, beauty or landscape value, or those trees intended to become ornamental trees. See Maine Revised Statutes Title 7 Sec. 2173 Parent: means mother or father. See Maine Revised Statutes Title 5 Sec. 17001 Part-time deputy: means a deputy who is compensated under section 386, subsection 2, and who does not work more than the maximum amount allowed under that subsection in any one calendar or fiscal year while performing county law enforcement duties. See Maine Revised Statutes Title 30-A Sec. 351 Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001 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. Permanent incapacity: means a guardian or conservator has been appointed by a court of competent jurisdiction to manage the affairs of an office holder. See Maine Revised Statutes Title 30-A Sec. 1 Permit: includes , but is not limited to, a permit by rule issued by the Department of Environmental Protection in accordance with Title 38, section 344, subsection 7. See Maine Revised Statutes Title 5 Sec. 13054 Person: means an individual, partnership or any group of persons, whether incorporated or not. See Maine Revised Statutes Title 7 Sec. 2173 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. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Processor: means any person other than a consumer who purchases or contracts to purchase potatoes or rotation crops primarily for manufacture into articles of food or starch by operations that change the physical form the potatoes or rotation crops possessed when harvested. See Maine Revised Statutes Title 7 Sec. 1012 Professional firefighter: means an employee of a municipal fire department who is a member of the Participating Local District Retirement Program or who is a participating member under chapter 425 and who aids in the extinguishment of fires, whether or not the employee has other administrative duties. See Maine Revised Statutes Title 5 Sec. 18601 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Qualifying member: means a member in service or a former member who is receiving a disability retirement benefit. See Maine Revised Statutes Title 5 Sec. 18551 Qualifying member: means :
A. See Maine Revised Statutes Title 5 Sec. 18601Real 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 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 Regular employer: means a person doing business in or operating a business in the State. See Maine Revised Statutes Title 7 Sec. 2173 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. Research and development activities: means activities that directly or through capital investment support basic and applied scientific research and related commercial development funded by state appropriations and bond proceeds. See Maine Revised Statutes Title 5 Sec. 13070-J Resident: means a person who is domiciled in this State. See Maine Revised Statutes Title 5 Sec. 7032 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retailer: means a person engaged in the business of buying potatoes or rotation crops in wholesale or jobbing quantities and reselling the potatoes or rotation crops bought primarily to consumers through at least 5 retail outlets located within or without the State. See Maine Revised Statutes Title 7 Sec. 1012 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement allowance: means the retirement payments to which a member is or may be entitled as provided in this Part. See Maine Revised Statutes Title 5 Sec. 17001 Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001 Rotation crop: means small grain, soybean or flax grown in rotation with potatoes. See Maine Revised Statutes Title 7 Sec. 1012 Sale: includes every contract of purchase or sale, contract to purchase or sell, purchase, sale and disposition of potatoes or rotation crops for value. See Maine Revised Statutes Title 7 Sec. 1012 Seller: means any person who sells or contracts to sell potatoes or rotation crops in the regular course of business. See Maine Revised Statutes Title 7 Sec. 1012 Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Service of process: The service of writs or summonses to the appropriate party. 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. Shade trees: means trees grown, established or used to screen persons or grounds, structures, walks, pools or other similar objects from wind, sunlight, observation or sound. See Maine Revised Statutes Title 7 Sec. 2173 Special deputy: means a person appointed under section 382 who may exercise the powers of a deputy only when a state of war or emergency exists. See Maine Revised Statutes Title 30-A Sec. 351 Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001 Stabilization fund: means the Maine Budget Stabilization Fund established in this chapter. See Maine Revised Statutes Title 5 Sec. 1531 State strategic economic improvement plan: means the long-term economic plan for the State's economy developed by the Maine Economic Growth Council pursuant to Title 10, section 929?A, subsection 1. See Maine Revised Statutes Title 5 Sec. 13070-J Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Surimi: means an intermediate manufactured seafood product derived from minced fish meat, washed to remove water-soluble protein, blood or other undesirable components and mixed with additives, containing sugars or sodium, or both, to enhance its frozen storage and functional characteristics. See Maine Revised Statutes Title 12 Sec. 6111 Surviving spouse: means the spouse alive at the time of the death of the member or former member. See Maine Revised Statutes Title 5 Sec. 17001 Takes down or fells: means the cutting for removal of any part of a tree by topping or sections or felling the tree whole. See Maine Revised Statutes Title 7 Sec. 2173 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. Treats or cares for: means the pruning, trimming and shaping of trees when the care requires the person to leave the ground. See Maine Revised Statutes Title 7 Sec. 2173 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. Venue: The geographical location in which a case is tried. Verified complaint: means a writing signed by a person, who, under oath, swears that the person has reason to believe that a person required to be licensed under this Article has violated one or more of the provisions of this Article or of the rules and regulations promulgated thereunder, setting forth a short and plain statement of the allegations that are the basis for such belief. See Maine Revised Statutes Title 7 Sec. 1012 Wholesale or jobbing quantities: means aggregate quantities of potatoes totalling 25 tons, that is, 50,000 pounds, or more in weight purchased or contracted to be purchased in any calendar month. See Maine Revised Statutes Title 7 Sec. 1012 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72