Maine Revised Statutes > Title 12 > Part 13 > Subpart 3 > Chapter 907 – Enforcement Procedures
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Terms Used In Maine Revised Statutes > Title 12 > Part 13 > Subpart 3 > Chapter 907 - Enforcement Procedures
- Administrator: means the Administrator of the Office of Geographic Information Systems. See Maine Revised Statutes Title 5 Sec. 1991
- Adverse underwriting decision: means any of the following actions with respect to consumer insurance transactions involving insurance coverage that is individually underwritten:
A. See Maine Revised Statutes Title 24-A Sec. 2204Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. affiliated: means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person. See Maine Revised Statutes Title 24-A Sec. 2204 Agricultural commodity: means any plant, or part thereof, or animal or animal product produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters or other comparable persons, primarily for sale, consumption, propagation or other use by humans or animals. See Maine Revised Statutes Title 22 Sec. 1471-C Aircraft: means any machine or device used or designed for navigation of, or flight in, the air. See Maine Revised Statutes Title 22 Sec. 1471-C Allegation: something that someone says happened. 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 who seeks to contract for insurance coverage other than a person seeking group insurance that is not individually underwritten. See Maine Revised Statutes Title 24-A Sec. 2204 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 Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001 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. Association: means an organization:
A. See Maine Revised Statutes Title 5 Sec. 2002Authority: means the Midcoast Regional Redevelopment Authority established in section 13083?G. See Maine Revised Statutes Title 5 Sec. 13083-H base: means those properties and facilities within the geographic boundaries of the United States Department of Defense naval air station at Brunswick existing on the effective date of this section. See Maine Revised Statutes Title 5 Sec. 13083-H 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 Bequest: Property gifted by will. Board: means the Board of Pesticides Control as established in section 1471?B. See Maine Revised Statutes Title 22 Sec. 1471-C carrier: means :
A. See Maine Revised Statutes Title 24-A Sec. 2204Certified applicator: means any person who is certified pursuant to section 1471?D and authorized to use or supervise the use of any pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C Chief Information Officer: means the person who holds the lead information technology position within the executive branch that directs, coordinates and oversees information technology policy making, planning, architecture and standardization. See Maine Revised Statutes Title 5 Sec. 1972 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 applicator: means any person, whether or not the person is a private applicator with respect to some uses, who uses or supervises the use of any limited or restricted-use pesticides on any property other than as provided by subsection 22, or who uses general-use pesticides in custom application on such property. See Maine Revised Statutes Title 22 Sec. 1471-C Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 1972 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 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. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Confidential investigative information: means any information that:
A. See Maine Revised Statutes Title 24-A Sec. 2204consumer: means any individual who resides or obtains insurance in this State and:
A. See Maine Revised Statutes Title 24-A Sec. 2204Consumer insurance transaction: means an insurance transaction involving insurance primarily for personal, family or household needs rather than business or professional needs. See Maine Revised Statutes Title 24-A Sec. 2204 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. Custom application: means an application of a pesticide:
A. See Maine Revised Statutes Title 22 Sec. 1471-CDamages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Data custodian: means a federal data custodian, state data custodian or nonstate data custodian. See Maine Revised Statutes Title 5 Sec. 2002 Data processing: means the process that encompasses all computerized and auxiliary automated information handling, including systems analysis and design, conversion of data, computer programming, information storage and retrieval, data and facsimile transmission, requisite system controls, simulation and all related interactions between people and machines. See Maine Revised Statutes Title 5 Sec. 1972 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Maine Revised Statutes Title 22 Sec. 1471-C Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Maine Revised Statutes Title 22 Sec. 1471-C Devise: To gift property by will. Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver pesticides in this State. See Maine Revised Statutes Title 22 Sec. 1471-C Enterprise: means collectively all departments and agencies of the executive branch. See Maine Revised Statutes Title 5 Sec. 1972 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. 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 data custodian: means any branch, agency or instrumentality of the Federal Government. See Maine Revised Statutes Title 5 Sec. 2002 Fiduciary: A trustee, executor, or administrator. FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U. See Maine Revised Statutes Title 22 Sec. 1471-C Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001 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. Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001 Fraud: Intentional deception resulting in injury to another. Fungi: means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants, of a lower order than mosses and liverworts, including but not limited to rusts, smuts, mildews and molds, except those on or in living humans or other animals or those on or in processed food, beverages or pharmaceuticals. See Maine Revised Statutes Title 22 Sec. 1471-C Fungicide: means any substance or mixture of substances intended for destroying or repelling any fungi or mitigating or preventing damage by any fungi. See Maine Revised Statutes Title 22 Sec. 1471-C General use pesticide: means any pesticide that is required to be registered by the board pursuant to Title 7, chapter 103, subchapter 2?A and that is not a restricted use or limited use pesticide, as defined in this section. See Maine Revised Statutes Title 22 Sec. 1471-C General use pesticide dealer: means any person who distributes general use pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C Geographic information board: means the Maine Library of Geographic Information Board. See Maine Revised Statutes Title 5 Sec. 2002 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. GIS: means an entire formula, pattern, compilation, program, device, method, technique, process, digital data base or system that electronically records, stores, reproduces and manipulates by computer geographic information system data. See Maine Revised Statutes Title 5 Sec. 1991 GIS: means a computer system capable of assembling, storing, manipulating, analyzing and displaying information identified according to locations. See Maine Revised Statutes Title 5 Sec. 2002 GIS data: means geographic information that has been compiled and digitized for use in geographic information systems by a state agency, either alone or in cooperation with other agencies. See Maine Revised Statutes Title 5 Sec. 1991 GIS services: means the process of gathering, storing, maintaining and providing geographic information system data for geographic information systems. See Maine Revised Statutes Title 5 Sec. 1991 Ground equipment: means any machine or device, other than aircraft, for use on land or water, designed for, or adaptable to, use in applying pesticides as sprays, dusts, aerosols, fogs, or in other forms. See Maine Revised Statutes Title 22 Sec. 1471-C Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC 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: includes prescribing, dispensing, furnishing or providing to a patient drugs, biologicals, medical devices, health care equipment and supplies or hospice services and the banking of blood, sperm, organs or any other tissue. See Maine Revised Statutes Title 24-A Sec. 2204 Health care facility: means a facility, institution or entity licensed pursuant to Title 22 that offers health care to persons in this State, including a home health care entity and a hospice program, or a pharmacy licensed pursuant to Title 32. See Maine Revised Statutes Title 24-A Sec. 2204 Health care information: means information that:
A. See Maine Revised Statutes Title 24-A Sec. 2204Health care practitioner: means a person licensed in this State to provide or otherwise lawfully providing health care, and includes a partnership or corporation made up of health care practitioners, or an officer, employee, agent or contractor of a health care practitioner acting in the course and scope of employment, agency or contract related to or supportive of the provision of health care to an individual. See Maine Revised Statutes Title 24-A Sec. 2204 Health care provider: means a health care practitioner or health care facility. See Maine Revised Statutes Title 24-A Sec. 2204 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 Herbicides: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. See Maine Revised Statutes Title 22 Sec. 1471-C Household use pesticide product: means any general use pesticide product that contains no more than 3% active ingredients and that is applied undiluted by homeowners to control pests in and around the family dwelling and associated structures. See Maine Revised Statutes Title 22 Sec. 1471-C Hunting equipment: means :
A. See Maine Revised Statutes Title 12 Sec. 10001in writing: include printing and other modes of making legible words. 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. Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising 6-legged, usually winged forms, including but not limited to beetles, bugs, bees, flies and other allied classes of arthropods whose members are wingless and usually have more than 6 legs, including but not limited to mites, ticks, centipedes and wood lice. See Maine Revised Statutes Title 22 Sec. 1471-C Insecticide: means any substance or mixture of substances intended for destroying or repelling any insect, or mitigating or preventing damage by any insects. See Maine Revised Statutes Title 22 Sec. 1471-C Institutional source: means any person or governmental entity that provides information about an individual to a regulated insurance entity or insurance support organization other than:
A. See Maine Revised Statutes Title 24-A Sec. 2204Insurance support organization: means any person, other than a regulated insurance entity, health care provider or governmental agency, who regularly engages, in whole or in part, in the practice of assembling or collecting information for the primary purpose of providing the information to carriers, producers or agencies for insurance transactions, including:
A. See Maine Revised Statutes Title 24-A Sec. 2204Insurance transaction: means any transaction that entails:
A. See Maine Revised Statutes Title 24-A Sec. 2204Jurisdiction: (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 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 library: means the statewide network created pursuant to this subchapter by which data custodians or their designees organize and catalog public geographic information and provide access to that information to all levels of government and to the public. See Maine Revised Statutes Title 5 Sec. 2002 Limited use pesticide: means any pesticide or pesticide use classified for limited use by the board. See Maine Revised Statutes Title 22 Sec. 1471-C Major forest insect aerial spray application: means a project to apply pesticides against a forest insect pest by aerial application over an area containing at least 1,000 acres in the aggregate. See Maine Revised Statutes Title 22 Sec. 1471-C Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Minor forest insect aerial spray application: means a project to apply pesticides against a forest insect pest by aerial application over an area containing less than 1,000 acres in the aggregate. See Maine Revised Statutes Title 22 Sec. 1471-C 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: 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 National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15 Nonstate data custodian: means any agency or instrumentality of a political subdivision of the State. See Maine Revised Statutes Title 5 Sec. 2002 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. Office: means the Office of Information Technology. See Maine Revised Statutes Title 5 Sec. 1972 Operating revenues: means funds available to the authority from fees, fares, rental or sale of property and miscellaneous revenue and interest not otherwise pledged or dedicated. See Maine Revised Statutes Title 5 Sec. 13083-H 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. Paved way: means a public road treated with bituminous or concrete material. See Maine Revised Statutes Title 12 Sec. 10001 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means any individual, partnership, association, fiduciary, corporation, governmental entity or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 22 Sec. 1471-C Personal information: includes but is not limited to an individual's name and address and health care information. See Maine Revised Statutes Title 24-A Sec. 2204 Personal property: All property that is not real property. pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism, except viruses, bacteria or other micro-organisms on or in living humans or other living animals, that the commissioner declares to be a pest. See Maine Revised Statutes Title 22 Sec. 1471-C pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. See Maine Revised Statutes Title 22 Sec. 1471-C Pesticide dealer: means any person who distributes limited or restricted use pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C Plaintiff: The person who files the complaint in a civil lawsuit. plant regulator: means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments. See Maine Revised Statutes Title 22 Sec. 1471-C Policyholder: means any person who:
A. See Maine Revised Statutes Title 24-A Sec. 2204Pretext interview: means an interview wherein a person, in an attempt to obtain information, performs one or more of the following acts:
A. See Maine Revised Statutes Title 24-A Sec. 2204Primary impact community: means the municipalities of Bath, Bowdoin, Bowdoinham, Brunswick, Freeport, Harpswell, Lisbon Falls and Topsham and Androscoggin County, Cumberland County and Sagadahoc County. See Maine Revised Statutes Title 5 Sec. 13083-H Private applicator: means any person who uses or supervises the use of any pesticide that is classified for restricted or limited use for purposes of producing any agricultural commodity on property owned or rented by the person or the person's employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. See Maine Revised Statutes Title 22 Sec. 1471-C Private applicator of general use pesticides: means a person who uses or supervises the use of general use pesticides for purposes of producing agricultural commodities on property owned or rented by that person or that person's employer when:
A. See Maine Revised Statutes Title 22 Sec. 1471-CProsecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public geographic information: means public information that is referenced to a physical location. See Maine Revised Statutes Title 5 Sec. 2002 Public information: means information that is stored, gathered, generated, maintained or financed by a data custodian. See Maine Revised Statutes Title 5 Sec. 2002 Quorum: 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 reconstruction: means any activities undertaken to maintain the properties of Brunswick Naval Air Station, or any part of those properties, as a modern, safe and efficient facility and includes, but is not limited to, any rebuilding, redesign, improvement or enlargement of the real properties or environmental mitigation activities on base properties. See Maine Revised Statutes Title 5 Sec. 13083-H Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Regulated insurance entity: means any person or entity required to be licensed by the superintendent under this Title or Title 24, including without limitation a carrier, producer, producer agency or administrator. See Maine Revised Statutes Title 24-A Sec. 2204 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. Residual market: means any special-purpose insurer, association, organization or other entity that provides insurance coverage to persons who are unable to obtain it in the voluntary market. See Maine Revised Statutes Title 24-A Sec. 2204 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Restricted use pesticide: means any pesticide or pesticide use classified for use only by or under the direct supervision of a certified applicator by the Administrator of the United States Environmental Protection Agency or by the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 22 Sec. 1471-C reuse: means an alternative use of the base facility from its use as a military installation. See Maine Revised Statutes Title 5 Sec. 13083-H 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. Spray contracting firm: means a person, as defined in this section, employed or contracted to conduct a public or private pesticide application. See Maine Revised Statutes Title 22 Sec. 1471-C State data custodian: means any branch, agency or instrumentality of State Government. See Maine Revised Statutes Title 5 Sec. 2002 State funds: means bond revenues and General Fund money appropriated by the Legislature for the purposes of this chapter. See Maine Revised Statutes Title 5 Sec. 2002 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Telecommunications: means , but is not limited to, the process of transmitting and receiving any information, including voice, data and video, by any medium, including wire, microwave, fiberoptics, radio, laser and satellite. See Maine Revised Statutes Title 5 Sec. 1972 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 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. 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 common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power is the result of an official position with or a corporate office held by the person. See Maine Revised Statutes Title 24-A Sec. 2204 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Weed: means any plant which grows where not wanted. See Maine Revised Statutes Title 22 Sec. 1471-C Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72