Maine Revised Statutes > Title 5 > Part 4 > Chapter 153 > Subchapter 1 – Powers; Bids and Contracts Generally
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Terms Used In Maine Revised Statutes > Title 5 > Part 4 > Chapter 153 > Subchapter 1 - Powers; Bids and Contracts Generally
- 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
- 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
- Academic detailing: means the provision of information regarding prescription drugs based on scientific and medical research, including information on therapeutic and cost-effective use of prescription drugs. See Maine Revised Statutes Title 22 Sec. 2685
- 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
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- 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.
- Amortization: Paying off a loan by regular installments.
- 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.
- 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.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Average wholesale price: means the wholesale price charged on a specific commodity that is assigned by the drug manufacturer and is listed in a nationally recognized drug pricing file. See Maine Revised Statutes Title 22 Sec. 2681
- 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.
- Bequest: Property gifted by will.
- Board: means the Manufactured Housing Board or its employees. See Maine Revised Statutes Title 10 Sec. 9061
- Board: means the Manufactured Housing Board. See Maine Revised Statutes Title 10 Sec. 9002
- 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
- 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
- Cave: includes natural subsurface water and drainage systems, but does not include any mine, tunnel or other artificial excavation. See Maine Revised Statutes Title 12 Sec. 544-J
- Cave life: means any life-form normally found in a cave. See Maine Revised Statutes Title 12 Sec. 544-J
- 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
- 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 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
- Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- 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 Professional and Financial Regulation. See Maine Revised Statutes Title 10 Sec. 9061
- Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 544
- 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
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Covered drugs: means drugs that are on the MaineCare preferred drug list established and revised from time to time by the department pursuant to its authority to operate the MaineCare program. See Maine Revised Statutes Title 22 Sec. 2681
- Critical area: means any natural area documented by the Natural Areas Program that is conserved or protected in its natural condition through voluntary action. See Maine Revised Statutes Title 12 Sec. 544
- 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
- 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 sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale. See Maine Revised Statutes Title 10 Sec. 9061
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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 22 Sec. 1-A
- Department: means the Department of Professional and Financial Regulation or its employees. See Maine Revised Statutes Title 10 Sec. 9061
- Dependent: A person dependent for support upon another.
- Dependent adult: includes , but is not limited to, any of the following:
A. See Maine Revised Statutes Title 22 Sec. 3472Development: means all of the methods used in the preparation of a known and presumed economically extractable ore deposit for mining. See Maine Revised Statutes Title 12 Sec. 549-A Devise: To gift property by will. Director of the survey: means the executive head of the survey under section 543, subsection 1. See Maine Revised Statutes Title 12 Sec. 549-A Dirigo Health insurance: means the program of health coverage provided under Title 24-A, section 6910. See Maine Revised Statutes Title 22 Sec. 2685 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: Distributor: means any person engaged in the sale and distribution of manufactured homes for resale. See Maine Revised Statutes Title 10 Sec. 9061 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 Elderly low-cost drug program: means the elderly low-cost drug program provided under section 254-D. See Maine Revised Statutes Title 22 Sec. 2685 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 Emergency: refers to a situation in which:
A. See Maine Revised Statutes Title 22 Sec. 3472Emergency services: refers to those services necessary to avoid serious harm. See Maine Revised Statutes Title 22 Sec. 3472 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. 102Equitable: 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. 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 Exploration: means an examination of an area for the purpose of discovering the presence of minerals with techniques which include all of the manual, mechanical, electronic or chemical methods of determining the presence, size and quality of a mineral deposit. See Maine Revised Statutes Title 12 Sec. 549-A Explosives: means explosive materials which are used to explore, develop or mine a mineral deposit. See Maine Revised Statutes Title 12 Sec. 549-A Federal manufactured home construction and safety standard: means the standard for the construction, design and performance of a manufactured home that meets the needs of the public including the need for quality, durability and safety and that has been duly adopted by the Federal Government pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000, 42 United States Code § 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9002 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 Financial exploitation: means the use of deception, intimidation, undue influence, force or other unlawful means to obtain control over the property of a dependent adult for another's profit or advantage. See Maine Revised Statutes Title 22 Sec. 3472 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. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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. 102Governor: 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 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 plan: means a health plan providing prescription drug coverage as authorized under the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003, Public Law 108-173. See Maine Revised Statutes Title 22 Sec. 2685 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. 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 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. Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Inhabitant: means a person having an established residence in a place. 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. 102Interest 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 jeopardy: means serious abuse or neglect, as evidenced by:
A. See Maine Revised Statutes Title 22 Sec. 4002Jurisdiction: (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. Labeler: means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207. See Maine Revised Statutes Title 22 Sec. 2681 Labeler: means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207. See Maine Revised Statutes Title 22 Sec. 2697 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 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 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 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 Machinery: means equipment or machinery, exclusive of vehicles, which is used to explore, develop or mine a mineral deposit. See Maine Revised Statutes Title 12 Sec. 549-A Maine Rx Plus Program: means the Maine Rx Plus Program established under section 2681. See Maine Revised Statutes Title 22 Sec. 2685 MaineCare program: means the MaineCare program administered under chapter 855. See Maine Revised Statutes Title 22 Sec. 2685 Manufactured home: means a structure, transportable in one or more sections, that is 8 body feet or more in width and is 32 body feet or more in length and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. See Maine Revised Statutes Title 10 Sec. 9081 Manufactured housing: means for the purpose of this subchapter, a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width, and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that the term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9061 Manufactured housing: means a structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing facility and then transported by the use of its own chassis or placement on an independent chassis to a building site. See Maine Revised Statutes Title 10 Sec. 9002 Manufactured housing community: means a parcel or adjoining parcel of land, under single ownership, that has been planned and improved for the placement of 3 or more manufactured homes, but does not include a construction camp. See Maine Revised Statutes Title 10 Sec. 9081 Manufacturer: means a manufacturer of prescription drugs and includes a subsidiary or affiliate of a manufacturer. See Maine Revised Statutes Title 22 Sec. 2697 Manufacturer: means any person engaged in manufacturing or assembling manufactured homes, regardless of the destination of the homes, including any person engaged in importing homes for resale. See Maine Revised Statutes Title 10 Sec. 9061 Minerals: means all naturally occurring mineral deposits, including hydrocarbons and peat, but excluding sand, gravel and water. See Maine Revised Statutes Title 12 Sec. 549-A Mining: means all of the extractive and beneficiative processes necessary to remove and prepare a mineral deposit for market. See Maine Revised Statutes Title 12 Sec. 549-A Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 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 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 Natural area: means any area of land or water, or both land and water, whether publicly or privately owned, that retains or has reestablished its natural character, though it need not be completely natural and undisturbed, and that supports, harbors or otherwise contains endangered, threatened or rare plants, animals and native ecological systems, or rare or unique geological, hydrological, natural historical, scenic or other similar features of scientific and educational value benefiting the citizens of the State. See Maine Revised Statutes Title 12 Sec. 544 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 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. 102Noncommercial 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. 102Nonqualified 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. 102Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Ore: means any mineral or an aggregate of minerals which can be extracted from the earth economically. See Maine Revised Statutes Title 12 Sec. 549-A 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 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who owns title to land where a cave is located. See Maine Revised Statutes Title 12 Sec. 544-J 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 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, 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 individuals, partnerships, corporations and other entities. See Maine Revised Statutes Title 12 Sec. 549-A Person: means an individual or entity, including but not limited to a corporation, partnership, firm, organization, company, homeowner, consumer or purchaser. See Maine Revised Statutes Title 10 Sec. 9002 Person responsible for the child: includes the child's custodian. See Maine Revised Statutes Title 22 Sec. 4002 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. 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. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC 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. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. 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 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. 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 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. 4002Quorum: The number of legislators that must be present to do business. 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. Recess: A temporary interruption of the legislative business. 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 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 Register of critical areas: means the official listing of critical areas. See Maine Revised Statutes Title 12 Sec. 544 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. 102registered 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 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 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. 102Resource 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. retail pharmacy: means a retail pharmacy located in this State, or another business licensed to dispense prescription drugs in this State, that participates in the program. See Maine Revised Statutes Title 22 Sec. 2681 Royalty: means the amount paid to the State for the right to remove minerals from state land, including minimum and preproduction payments. See Maine Revised Statutes Title 12 Sec. 549-A Secondary discounted price: means the initial discounted price minus any further discounts paid for out of the fund. See Maine Revised Statutes Title 22 Sec. 2681 Secretary: means the Secretary of the United States Department of Housing and Urban Development. See Maine Revised Statutes Title 10 Sec. 9061 Serious harm: means :
A. See Maine Revised Statutes Title 22 Sec. 3472Serious harm: means :
A. See Maine Revised Statutes Title 22 Sec. 4002Serious 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. Sexual abuse or sexual exploitation: means contact or interaction of a sexual nature involving an incapacitated or dependent adult without that adult's informed consent. See Maine Revised Statutes Title 22 Sec. 3472 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. 102Spaghetti-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 Species: means any recognized taxonomic category of the biota including species, subspecies or variety. See Maine Revised Statutes Title 12 Sec. 544 State administrative agency: means the department that has been approved or conditionally approved to carry out the state plan for enforcement of the standards pursuant to section 623 of the Housing and Community Development Act of 1974, Public Law 93-383, 42 United States Code § 5422 and Title 24 of the Code of Federal Regulations, Part 3282, Subpart G. See Maine Revised Statutes Title 10 Sec. 9061 State employee: means any employee of an agency, independent agency or parts of agencies which receive support from the General Fund or that are established, created or incorporated by reference to the laws, except nonpartisan staff of the Legislature. See Maine Revised Statutes Title 5 Sec. 21 State employee health insurance program: means the state employee health insurance program provided under Title 5, section 285. See Maine Revised Statutes Title 22 Sec. 2685 State lands: means all lands owned or held in trust by the State or in which the State holds an interest, including inland and tidal submerged lands and waters. See Maine Revised Statutes Title 12 Sec. 549-A 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 Statute: A law passed by a legislature. 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. Summons: Another word for subpoena used by the criminal justice system. 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 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. 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 Trustee: A person or institution holding and administering property in trust. Undue influence: means the misuse of real or apparent authority or the use of manipulation by a person in a trusting, confidential or fiduciary relationship with a person who is a dependent adult or an incapacitated adult. See Maine Revised Statutes Title 22 Sec. 3472 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Unorganized and deorganized areas: includes :
A. See Maine Revised Statutes Title 12 Sec. 682Venue: The geographical location in which a case is tried. Victim advocate: work with prosecutors and assist the victims of a crime. Water treatment company: means a company that installs or services water treatment equipment. See Maine Revised Statutes Title 22 Sec. 2660-FF Water treatment equipment: means equipment located inside a private residence and designed to alter the condition of water for human consumption, including by means of filtration, purification, softening and reverse osmosis. See Maine Revised Statutes Title 22 Sec. 2660-FF