Maine Revised Statutes > Title 12 > Part 13 > Subpart 4 – Fish and Wildlife
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Terms Used In Maine Revised Statutes > Title 12 > Part 13 > Subpart 4 - Fish and Wildlife
- Ability to pay: means that the resources of the defendant and his dependents, including all available income and resources, are sufficient to provide the defendant and his dependents with a reasonable subsistence compatible with health and decency. See Maine Revised Statutes Title 14 Sec. 3141
- 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
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Actuarial equivalent: means an amount of equal value when computed at an interest rate contained in actuarial assumptions adopted by the board and upon the basis of mortality and service tables adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
- Actuary: means the individual or the organization designated by the board to be the technical advisor to the board under section 17107. See Maine Revised Statutes Title 5 Sec. 17001
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administer: means to apply an epinephrine autoinjector directly to a human body. See Maine Revised Statutes Title 22 Sec. 2150-F
- Administration of civil justice: means activities relating to the anticipation, prevention, detection, monitoring or investigation of known, suspected or possible civil violations and prospective and pending civil actions. See Maine Revised Statutes Title 16 Sec. 803
- Administration of criminal justice: means activities relating to the anticipation, prevention, detection, monitoring or investigation of known, suspected or possible crimes. See Maine Revised Statutes Title 16 Sec. 803
- Administration of criminal justice: includes the collection, storage and dissemination of criminal history record information. See Maine Revised Statutes Title 16 Sec. 703
- Administration of juvenile justice: includes the collection, storage and dissemination of intelligence and investigative information relating to the administration of juvenile justice. See Maine Revised Statutes Title 16 Sec. 803
- Administrator: means the Administrator of the Office of Geographic Information Systems. See Maine Revised Statutes Title 5 Sec. 1991
- Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 22 Sec. 2140
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Aggrieved person: means any person who bids on a contract or grant and who is adversely affected, financially, professionally or personally, by that contract or grant award decision. See Maine Revised Statutes Title 5 Sec. 1825-A
- Agreement: means a written document executed between an ESRD facility and another facility in which the other facility agrees to assume responsibility for furnishing specified services to patients and for obtaining reimbursement for those services. See Maine Revised Statutes Title 22 Sec. 2041
- Aircraft: means a machine or device designed for flight. See Maine Revised Statutes Title 12 Sec. 10001
- Allegation: something that someone says happened.
- ambulatory surgical facility: means a facility with a primary purpose of providing elective surgical care to a patient who is admitted to and discharged from the facility within the same day. See Maine Revised Statutes Title 22 Sec. 1812-E
- 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.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Appeals board: means the State Civil Service Appeals Board. See Maine Revised Statutes Title 5 Sec. 7032
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Application for credit: means any communication, oral or written, by a person to a creditor requesting an extension of credit to that person or to any other person, and includes any procedure involving the renewal or alteration of credit privileges or the changing of the name of the person to whom credit is extended;
A. See Maine Revised Statutes Title 5 Sec. 2002Atlantic salmon: means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attending physician: means the physician who has primary responsibility for the care of a patient and the treatment of that patient's terminal disease. See Maine Revised Statutes Title 22 Sec. 2140 Authority: means the Washington County Development Authority. See Maine Revised Statutes Title 5 Sec. 13083-B Authority: means the Midcoast Regional Redevelopment Authority established in section 13083-G. See Maine Revised Statutes Title 5 Sec. 13083-H Authority: means the Maine Health and Higher Educational Facilities Authority created and established as a public body corporate and politic of the State of Maine by section 2054 or any board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers conferred upon the authority by this chapter shall be given by law. See Maine Revised Statutes Title 22 Sec. 2053 Authorized entity: means any entity, organization or place of employment, other than a school under Title 20-A, section 6305, in connection with or at which allergens capable of causing anaphylaxis may be present, including but not limited to recreation camps, colleges, universities, day care facilities, youth sports leagues, amusement parks, restaurants and sports arenas. See Maine Revised Statutes Title 22 Sec. 2150-F Autoloading firearm: means a firearm that reloads itself after each shot and requires that the trigger be pulled for each shot. See Maine Revised Statutes Title 12 Sec. 10001 Average final compensation: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bailiff: a court officer who enforces the rules of behavior in courtrooms. Baitfish: means only those species in the following list:
A. See Maine Revised Statutes Title 12 Sec. 10001Baitfish trap: means a device used to take baitfish fitted with rigid entrance or exit holes and having a volume no greater than 50 cubic feet. See Maine Revised Statutes Title 12 Sec. 10001 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. 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 Base area: means the area within the geographical boundaries of any decommissioned federal military facility located within Washington County to which the authority has taken title. See Maine Revised Statutes Title 5 Sec. 13083-B Base area: means the area within the geographic boundaries of Brunswick Naval Air Station. See Maine Revised Statutes Title 5 Sec. 13083-H 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. Beano: means a specific kind of group game of chance, regardless of whether such a game is characterized by another name. See Maine Revised Statutes Title 17 Sec. 311 Bear bait: means an animal or plant or derivative of an animal or plant used to attract bear. See Maine Revised Statutes Title 12 Sec. 10001 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 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 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 Bequest: Property gifted by will. Board: means the Employee Suggestion System Board established in subsection 3. See Maine Revised Statutes Title 5 Sec. 651 Board: 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 Bond: means a bond or note or other evidence of indebtedness authorized under this article, whether issued under or pursuant to a bond resolution, trust indenture, loan or other security agreement. See Maine Revised Statutes Title 5 Sec. 13083-H bow: includes a compound bow, a recurve bow and a long bow. See Maine Revised Statutes Title 12 Sec. 10001 Bureau: means the Bureau of Insurance. See Maine Revised Statutes Title 22 Sec. 2084 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. 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 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 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 Classified service: means all offices and positions of trust and employment in state service, except those placed in the unclassified service by Maine Revised Statutes Title 5 Sec. 7032 Code of conduct: means the state purchasing code of conduct that follows the principles set out in section 1825-L. See Maine Revised Statutes Title 5 Sec. 1825-K Commercial beano hall permit: means written authority from the Gambling Control Unit issued to a permittee who rents or leases premises for profit to a licensee to hold, conduct or operate "beano. See Maine Revised Statutes Title 17 Sec. 311 Commercially: means , with regard to the buying, selling, bartering or trading of wildlife parts, for the purpose of resale or profit or receiving any form of remuneration. 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 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 17431 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 Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2142 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 health center: means an incorporated nonprofit health facility that provides comprehensive primary health care to citizens in a community. See Maine Revised Statutes Title 22 Sec. 2053 Community health or social service facility: means a community-based facility that provides medical or medically related diagnostic or therapeutic services, mental health services, services for persons with intellectual disabilities or autism, substance use disorder services or family counseling and domestic abuse intervention services and is licensed by the State. See Maine Revised Statutes Title 22 Sec. 2053 Competent: means that, in the opinion of a court or in the opinion of the patient's attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate an informed decision to health care providers, including communication through persons familiar with the patient's manner of communicating if those persons are available. See Maine Revised Statutes Title 22 Sec. 2140 Competitive bidding: means the transmission of a written proposal or invitation to bid to at least 3 responsible suppliers that is to be replied to at a stated time. See Maine Revised Statutes Title 5 Sec. 1825-A Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Compliance with a support order: means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is: Credit sale: means any transaction with respect to which credit is granted or arranged by the seller. See Maine Revised Statutes Title 5 Sec. 4597 Credit transaction: means any invitation to apply for credit, application for credit, extension of credit or credit sale. See Maine Revised Statutes Title 5 Sec. 4597 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 Creditor: means any person who regularly extends or arranges for the extension of credit for which the payment of finance charge or interest is required whether in connection with loans, sale of property or services or otherwise. See Maine Revised Statutes Title 5 Sec. 4597 Criminal history record information: includes , but is not limited to, identifiable descriptions or notations of: summonses and arrests; detention; bail; formal criminal charges such as complaints, informations and indictments; any disposition stemming from such charges; post-plea or post-adjudication sentencing; involuntary commitment; execution of and completion of any sentencing alternatives imposed; release and discharge from involuntary commitment; any related pretrial and post-trial appeals, collateral attacks and petitions; and petitions for and warrants of pardons, commutations, reprieves and amnesties. See Maine Revised Statutes Title 16 Sec. 703 Criminal justice agency: includes the Department of the Attorney General, district attorneys' offices and the equivalent departments or offices in any federal or state jurisdiction. See Maine Revised Statutes Title 16 Sec. 803 Criminal justice agency: includes federal courts, Maine courts, courts in any other state, the Department of the Attorney General, district attorneys' offices and the equivalent departments or offices in any federal or state jurisdiction. See Maine Revised Statutes Title 16 Sec. 703 Crossbow: means a device for propelling an arrow or bolt by means of traverse limbs and a string, mounted on a stock and having a working mechanical trigger safety device and a minimum draw weight of 100 pounds. See Maine Revised Statutes Title 12 Sec. 10001 Damages: 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 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 Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Department: 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 Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2142 Dependent: A person dependent for support upon another. Dependent: means a spouse, an unmarried child under 19 years of age, a child who is a student under 23 years of age and financially dependent upon the enrollee, a child of any age who is disabled and dependent upon the enrollee or a domestic partner as defined in Title 24-A, section 2741-A. See Maine Revised Statutes Title 5 Sec. 286-M Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Devise: To gift property by will. Dialysis: means a process by which dissolved substances are removed from a patient's body by diffusion from one fluid compartment to another across a semipermeable membrane. See Maine Revised Statutes Title 22 Sec. 2041 Dip net: means :
(1) No more than 60 days in arrears in making any of the following payments:
(a) Payments in full for current support;
(b) Periodic payments on a support arrearage pursuant to a written agreement with the Department of Health and Human Services; and
(c) Periodic payments as set forth in a support order; and
(2) No more than 30 days in arrears in making payments as described in Maine Revised Statutes Title 12 Sec. 10901Confidential criminal history record information: means criminal history record information of the following types:
A. See Maine Revised Statutes Title 16 Sec. 703Consulting physician: means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a patient's disease. See Maine Revised Statutes Title 22 Sec. 2140 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. Cooperative agreement: means an agreement that names the parties to the agreement and describes the nature and scope of the cooperation for:
A. See Maine Revised Statutes Title 22 Sec. 1843Corporation: 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. Counseling: means one or more consultations between a state-licensed psychiatrist, state-licensed psychologist, state-licensed clinical social worker or state-licensed clinical professional counselor and a patient for the purpose of determining that the patient is competent and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. See Maine Revised Statutes Title 22 Sec. 2140 Counterclaim: A claim that a defendant makes against a plaintiff. County or municipal law enforcement officer: means a person who by virtue of employment by a county or municipal government in the State is vested by law with the power to make arrests for crimes or serve criminal process, whether that power extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 5 Sec. 286-M Covered entity: means a hospital or health care provider. See Maine Revised Statutes Title 22 Sec. 1843 Credit: means the right granted by a creditor to a person to defer payment of debt or to incur debt and defer its payment, or purchase property or services and defer payment therefor;
[PL 1973, c. See Maine Revised Statutes Title 5 Sec. 4597 A. See Maine Revised Statutes Title 12 Sec. 10001Director: means the Director of Human Resources. See Maine Revised Statutes Title 5 Sec. 7032 Director: means the Executive Director of the Gambling Control Board and the Gambling Control Unit. See Maine Revised Statutes Title 17 Sec. 311 Director: means the Director of the Bureau of General Services within the Department of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 1826-B Disallowed expenditure: means an amount paid to any person for those acts or services rendered, which result in:
A. See Maine Revised Statutes Title 22 Sec. 1862Discovery: 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: Disposition: includes , but is not limited to: an acquittal; a dismissal, with or without prejudice; the filing of a charge by agreement of the parties or by a court; the determination that a defendant is currently a fugitive from justice; a conviction, including the acceptance by a court of a plea of guilty or nolo contendere; a deferred disposition; a proceeding indefinitely continued or dismissed due to a defendant's incompetence; a finding of not criminally responsible by reason of insanity or its equivalent; a mistrial, with or without prejudice; a new trial ordered; an arrest of judgment; a sentence imposition; a resentencing ordered; an execution of and completion of any sentence alternatives imposed, including but not limited to fines, restitution, correctional custody and supervision, and administrative release; a release or discharge from a commitment based upon a finding of not criminally responsible by reason of insanity or its equivalent; the death of the defendant; any related pretrial and post-trial appeals, collateral attacks and petitions; a pardon, commutation, reprieve or amnesty; and extradition. See Maine Revised Statutes Title 16 Sec. 703 Dissemination: means the transmission of information by any means, including but not limited to orally, in writing or electronically, by or to anyone outside the criminal justice agency that maintains the information. See Maine Revised Statutes Title 16 Sec. 703 Dissemination: means the transmission of information by any means, including but not limited to orally, in writing or electronically, by or to anyone outside the criminal justice agency that maintains the information. See Maine Revised Statutes Title 16 Sec. 803 Division: means the Department of Administrative and Financial Services, Division of State Employee Health Insurance. See Maine Revised Statutes Title 5 Sec. 286-M Docket: A log containing brief entries of court proceedings. Domicile: means the place where a person's true, fixed and permanent home is located. See Maine Revised Statutes Title 12 Sec. 10001 Donor: The person who makes a gift. Drowning set: means a trap set for wild animals that is:
A. See Maine Revised Statutes Title 12 Sec. 10001Earnable 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. 17001Eel: means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. See Maine Revised Statutes Title 12 Sec. 10001 Eel pot: means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. See Maine Revised Statutes Title 12 Sec. 10001 Eligible entity: means a facility or institution eligible to participate in financing or other borrowing services authorized by this chapter and includes a participating community health or social service facility, a participating health care facility, a participating institution for higher education or a participating institution providing an educational program. See Maine Revised Statutes Title 22 Sec. 2053 Eligible entity: means a domestic or foreign unincorporated entity or a domestic or foreign nonprofit corporation. See Maine Revised Statutes Title 13-C Sec. 1101 Eligible interests: means interests and memberships. See Maine Revised Statutes Title 13-C Sec. 1101 emergency medical services line personnel: means persons who are career employees employed full-time by a public sector agency or employer and whose primary responsibility is to provide emergency medical services. See Maine Revised Statutes Title 5 Sec. 286-M Employee: means any person holding a position subject to appointment by an appointing authority. See Maine Revised Statutes Title 5 Sec. 7032 Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Endangered species: means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 Enrollee: means a county or municipal law enforcement officer or municipal firefighter who has enrolled in the program. See Maine Revised Statutes Title 5 Sec. 286-M Enterprise: means collectively all departments and agencies of the executive branch. See Maine Revised Statutes Title 5 Sec. 1972 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. Epinephrine autoinjector: means a single-use device used for the automatic injection of a premeasured dose of epinephrine into a human body or another single-use epinephrine delivery system approved by the federal Food and Drug Administration for public use. See Maine Revised Statutes Title 22 Sec. 2150-F Equipment: means the receptacle and numbered objects to be drawn from it; the master board upon which such objects are placed as drawn; the tally cards or sheets bearing such numbers to be covered and the objects used to cover them; the boards or signs, however operated, used to display the numbers as they are drawn; public address systems; and any other articles essential to the operation, conduct and playing of "Beano. See Maine Revised Statutes Title 17 Sec. 311 equipment: as used in this chapter mean any and all services, articles or things that are used by or furnished to the State or any department or agency thereof, and any and all printing, binding, publication of laws, journals and reports. See Maine Revised Statutes Title 5 Sec. 1812 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 Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC Escrow: Money given to a third party to be held for payment until certain conditions are met. ESRD: means that stage of renal impairment that appears irreversible and permanent and requires a regular course of dialysis or kidney transplantation to maintain life. See Maine Revised Statutes Title 22 Sec. 2041 ESRD facility: means a renal dialysis center, a renal dialysis facility, a self-dialysis unit or a special-purpose renal dialysis facility. See Maine Revised Statutes Title 22 Sec. 2041 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. Ex officio: Literally, by virtue of one's office. Executive director: means the executive director of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Executive order: means an order of the President of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access. See Maine Revised Statutes Title 16 Sec. 703 Executive order: means an order of the President of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access. See Maine Revised Statutes Title 16 Sec. 803 Executor: A male person named in a will to carry out the decedent Extension of credit: means any acts incident to the evaluation of an application for credit and the granting of credit. See Maine Revised Statutes Title 5 Sec. 4597 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Facility: means any sole proprietorship, partnership, firm, corporation or other business that provides health services. See Maine Revised Statutes Title 22 Sec. 2084 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Federal data custodian: means any branch, agency or instrumentality of the Federal Government. See Maine Revised Statutes Title 5 Sec. 2002 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Felony: A crime carrying a penalty of more than a year in prison. Fiduciary: A trustee, executor, or administrator. Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC fine: includes any surcharge or assessment required by law to be imposed as all or part of a sentence for a criminal conviction and any other costs or other fees the court assesses or imposes against a defendant in any civil or criminal adjudication, including appointed counsel fees and restitution. See Maine Revised Statutes Title 14 Sec. 3141 Fire department: means a department required to report to the State Fire Marshal pursuant to Title 25, section 2395. See Maine Revised Statutes Title 5 Sec. 1828 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 Fishing derby: means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes. See Maine Revised Statutes Title 12 Sec. 10001 Fishway: means an artificial device, including fish elevators, fish locks and fish ladders, used to enable fish to migrate upstream past dams, waterfalls, rapids or other obstacles. See Maine Revised Statutes Title 12 Sec. 10001 Fly: means a single, pointed hook dressed with feathers, hair, thread, tinsel or any similar material to which no additional hook, spinner, spoon or similar device is added. See Maine Revised Statutes Title 12 Sec. 10001 Fly-fishing: means casting upon water and retrieving in a manner in which the weight of the fly line propels the fly. See Maine Revised Statutes Title 12 Sec. 10001 Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC Formal involvement in the criminal justice system either as an accused or as a convicted criminal offender: means being within the jurisdiction of the criminal justice system commencing with arrest, summons or initiation of formal criminal charges and concluding with the completion of every sentencing alternative imposed as punishment or final discharge from an involuntary commitment based upon a finding of not criminally responsible by reason of insanity or its equivalent. See Maine Revised Statutes Title 16 Sec. 703 Fraud: Intentional deception resulting in injury to another. Fund: means the Firefighters and Law Enforcement Officers Health Insurance Program Fund established in subsection 7. See Maine Revised Statutes Title 5 Sec. 286-M Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor 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 Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 Grantor: The person who establishes a trust and places property into it. Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72 group health insurance plan: means any employer-sponsored group health insurance plan, whether self-insured or fully insured, that provides coverage to eligible employees, retirees and their dependents. See Maine Revised Statutes Title 5 Sec. 286-M Group practice: means a group of 2 or more health care practitioners legally organized as a partnership, professional corporation, nonprofit corporation or similar association in which:
A. See Maine Revised Statutes Title 22 Sec. 2084Guardian: 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. Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001 Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Harass: means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns. See Maine Revised Statutes Title 12 Sec. 10001 Health care facility: means a nursing home that is, or will be upon completion, licensed under Maine Revised Statutes Title 22 Sec. 2053 Health care institution: means any person, partnership, association or corporation, including county or local government unit, required to obtain a license pursuant to Maine Revised Statutes Title 22 Sec. 1862 Health care practitioner: means an individual regulated under the laws of this State to provide health services. See Maine Revised Statutes Title 22 Sec. 2084 Health care practitioner: means an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. See Maine Revised Statutes Title 22 Sec. 2150-F Health care practitioners: include , without limitation, acupuncturists, chiropractors, dentists, dental hygienists, nurses, occupational therapists, optometrists, pharmacists, physical therapists, physicians including allopathic and osteopathic physicians, physician assistants, podiatrists, psychologists, clinical social workers, speech therapists and audiologists or hearing aid dealers and examiners. See Maine Revised Statutes Title 22 Sec. 2084 Health care provider: means a licensed community mental health services provider, a physician licensed under Title 32, chapter 36 or 48 and operating in this State or a corporation or business entity engaged primarily in the provision of physician health care services. See Maine Revised Statutes Title 22 Sec. 1843 Health care provider: means :
(1) A person licensed, certified or otherwise authorized or permitted by law to administer health care services or dispense medication in the ordinary course of business or practice of a profession; or
(2) A health care facility. See Maine Revised Statutes Title 22 Sec. 2140Health services: means diagnosis, treatment and rehabilitative services for an injured, disabled or sick person. See Maine Revised Statutes Title 22 Sec. 2084 home health care provider: includes any business entity or subdivision thereof, whether public or private, proprietary or nonprofit, that is engaged in providing speech pathology services. See Maine Revised Statutes Title 22 Sec. 2142 Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001 Hook: means a single fishhook constructed with one, 2 or 3 points. See Maine Revised Statutes Title 12 Sec. 10001 Hospital: means :
A. See Maine Revised Statutes Title 22 Sec. 1843Hospital: means any private, nonprofit or charitable institution or organization which is either:
A. See Maine Revised Statutes Title 22 Sec. 2053hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Hunter orange: means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, excitation purity not less than 85% and luminance factor of not less than 40%. See Maine Revised Statutes Title 12 Sec. 10001 Hunting equipment: means :
A. See Maine Revised Statutes Title 12 Sec. 10001Ice-fishing shack: means a temporary structure used for ice fishing on frozen inland waters. See Maine Revised Statutes Title 12 Sec. 10001 Immediate family member: means a health care practitioner's parent, spouse, child or child's spouse. See Maine Revised Statutes Title 22 Sec. 2084 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 writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 In-state bidder: means a person or group of persons whose principal place of business, or a branch of whose business, is located in the State. See Maine Revised Statutes Title 5 Sec. 1825-A Independent monitor: means a not-for-profit organization that is neither funded nor controlled, in whole or in part, by businesses that sell or manufacture apparel, footwear or textiles. See Maine Revised Statutes Title 5 Sec. 1825-K Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Informed decision: means a decision by a qualified patient to request and obtain a prescription for medication that the qualified patient may self-administer to end the qualified patient's life in a humane and dignified manner that is based on an appreciation of the relevant facts and that is made after being fully informed by the attending physician of:
(1) The qualified patient's medical diagnosis;
(2) The qualified patient's prognosis;
(3) The potential risks associated with taking the medication to be prescribed;
(4) The probable result of taking the medication to be prescribed; and
(5) The feasible alternatives to taking the medication to be prescribed, including palliative care and comfort care, hospice care, pain control and disease-directed treatment options. See Maine Revised Statutes Title 22 Sec. 2140Inhabitant: 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. Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Institution for higher education: means :
A. See Maine Revised Statutes Title 22 Sec. 2053Institution providing an educational program: means a nonprofit or charitable institution, public or private, that is exempt from federal taxation pursuant to the United States Internal Revenue Code of 1986, as amended, Section 501 and that provides a program of education for the purpose of enhancing the knowledge or abilities of its members or the general public. See Maine Revised Statutes Title 22 Sec. 2053 Intelligence and investigative record information: includes information of record concerning investigative techniques and procedures and security plans and procedures prepared or collected by a criminal justice agency or other agency. See Maine Revised Statutes Title 16 Sec. 803 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 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. Investment interest: means an equity or debt security issued by a facility, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes or other equity interests or debt instruments, except that investment interest does not include interest in a hospital licensed under state law. See Maine Revised Statutes Title 22 Sec. 2084 Investment trust fund: means the Retiree Health Insurance Post-employment Benefits Investment Trust Fund established in section 17432. See Maine Revised Statutes Title 5 Sec. 17431 Investment trust fund agreement: means the trust agreement to be entered into by the State and the trustees of the investment trust fund. See Maine Revised Statutes Title 5 Sec. 17431 Investor: means an individual who owns, whose immediate family owns or who directly or indirectly owns a controlling interest in another facility that owns an investment interest in a facility that provides health services. See Maine Revised Statutes Title 22 Sec. 2084 Invitation to apply for credit: means any communication, oral or written, by a creditor which encourages or prompts an application for credit. See Maine Revised Statutes Title 5 Sec. 4597 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Landlocked salmon: means the subspecies Salmo salar Sebago that does not customarily migrate from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001 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 Legatee: A beneficiary of a decedent Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. 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 License: means written authority from the Gambling Control Unit to hold, conduct or operate "Beano". See Maine Revised Statutes Title 17 Sec. 311 Licensee: means any organization, including a federally recognized Indian tribe in the State, that has been granted a license by the Gambling Control Unit to hold, conduct or operate "Beano" or "Bingo. See Maine Revised Statutes Title 17 Sec. 311 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Location permit: means that card issued by the Gambling Control Unit, describing the premises or area in which "Beano" may be conducted. See Maine Revised Statutes Title 17 Sec. 311 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Majority multiple-employer welfare arrangement: means the multiple-employer welfare arrangement, as defined in Title 24?A, section 6601, subsection 5, in which the majority of state municipal government employees are enrolled as of the effective date of this section. See Maine Revised Statutes Title 5 Sec. 286-M Medically confirmed: means the medical opinion of an attending physician has been confirmed by a consulting physician who has examined the patient and the patient's relevant medical records. See Maine Revised Statutes Title 22 Sec. 2140 Member: means a bona fide member of a firm, corporation, association, organization, department or class or a combination thereof who has been duly admitted as a member according to the laws, rules, regulations, ordinances or bylaws governing membership in the firm, corporation, association, organization, department, class or combination thereof. See Maine Revised Statutes Title 17 Sec. 311 Member: means any person included in the membership of a retirement program of the retirement system, as provided in Maine Revised Statutes Title 5 Sec. 17001 Merger: means a transaction by which ownership or control over substantially all of the stock, assets or activities of one or more covered entities is placed under the control of another covered entity. See Maine Revised Statutes Title 22 Sec. 1843 Merger: means a business combination pursuant to section 1102. See Maine Revised Statutes Title 13-C Sec. 1101 Merrymeeting Bay: means the waters of the Kennebec River bounded as follows: from the high-tension wires at Chop's Point to the first dam on the Androscoggin River, to the first road bridge on the Muddy, Cathance, Abbagadassett and Eastern Rivers and to the Richmond-Dresden Bridge on the Kennebec River, in the counties of Cumberland, Sagadahoc and Lincoln. See Maine Revised Statutes Title 12 Sec. 10001 Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001 Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury. Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001 Municipal firefighter: means a person employed by a municipal fire department with the primary responsibility of aiding in the extinguishment of fires and includes a member of emergency medical services line personnel but does not include a member of a volunteer firefighter association. See Maine Revised Statutes Title 5 Sec. 286-M Municipal officers: means the mayor and aldermen or councillors of a city, the selectmen or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Maine Revised Statutes Title 1 Sec. 72 Municipality: means a city or town, except as provided in Maine Revised Statutes Title 30-A Sec. 2001 Muzzle-loading firearm: means a muzzleloader, a traditional muzzleloader or a muzzle-loading shotgun. See Maine Revised Statutes Title 12 Sec. 10001 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 Naturally shed: means naturally dropped from the animal without any human manipulation. See Maine Revised Statutes Title 12 Sec. 10001 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Nonstate data custodian: means any agency or instrumentality of a political subdivision of the State. See Maine Revised Statutes Title 5 Sec. 2002 Normal retirement age: means the specified age, the years of service requirement or any combination of age and years of service requirements at which a member becomes eligible for retirement benefits and at which those benefits may not be reduced under section 17852, subsection 3 or 3-A; section 17852, subsection 10, paragraph C; and section 18452, subsection 3. See Maine Revised Statutes Title 5 Sec. 17001 Notice: means a separate statement in writing advising of the prohibiting health care provider's policy with respect to participating in activities under this Act. See Maine Revised Statutes Title 22 Sec. 2140 Oath: 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. Office: means the Office of Information Technology. See Maine Revised Statutes Title 5 Sec. 1972 Office practice: includes the facility or facilities at which a health care practitioner, on a regular basis, provides or supervises the provision of professional health services to individuals. See Maine Revised Statutes Title 22 Sec. 2084 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-B 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 Organization: means any firm, association or corporation authorized to conduct "Beano" in accordance with this chapter. See Maine Revised Statutes Title 17 Sec. 311 Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Oversight: Committee review of the activities of a Federal agency or program. Participating community health or social service facility: means a community health or social service facility that is exempt from taxation under section 501 of the United States Internal Revenue Code and that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of existing indebtedness as provided in and committed by this chapter. See Maine Revised Statutes Title 22 Sec. 2053 Participating health care facility: means a health care or licensed assisted living facility that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of existing indebtedness as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053 Participating institution for higher education: means an institution for higher education which, pursuant to this chapter, shall undertake the financing and construction or acquisition of a project or shall undertake the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053 Participating institution providing an educational program: means an institution providing an educational program that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053 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. party to a share exchange: means any domestic or foreign corporation or eligible entity that will:
A. See Maine Revised Statutes Title 13-C Sec. 1101Patient: means an adult who is under the care of a physician. See Maine Revised Statutes Title 22 Sec. 2140 Paved way: means a public road treated with bituminous or concrete material. See Maine Revised Statutes Title 12 Sec. 10001 Period: means the number of calendar weeks authorized by a single license for the operation of "Beano" or "Bingo. See Maine Revised Statutes Title 17 Sec. 311 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 Permittee: means an individual, corporation, partnership or unincorporated association that rents or leases a building or facilities for profit to a licensee to hold, conduct or operate "beano. See Maine Revised Statutes Title 17 Sec. 311 Person: means any person, partnership, association or corporation engaged or employed by a health care institution. See Maine Revised Statutes Title 22 Sec. 1862 person: as used in this Title shall be construed to import both the singular and the plural, as the case demands, and shall include corporations, companies, societies and associations. See Maine Revised Statutes Title 7 Sec. 4 Person: means any individual, business, corporation, association, firm, partnership or other organization, whether profit or nonprofit. See Maine Revised Statutes Title 5 Sec. 1825-A Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Personal property: All property that is not real property. Persons with disabilities: means individuals who have physical or mental impairments that substantially limit one or more major life activities, have a record of those impairments or are perceived to have those impairments. See Maine Revised Statutes Title 5 Sec. 1826-B Petitioner: means any person who has requested a stay of a contract or grant award decision or a hearing of appeal. See Maine Revised Statutes Title 5 Sec. 1825-A Physician: means a doctor of medicine or osteopathy licensed to practice medicine in this State. See Maine Revised Statutes Title 22 Sec. 2140 Pick-up contributions: means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. See Maine Revised Statutes Title 5 Sec. 17001 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. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: 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 Premises: includes lands, private ways and any buildings and structures located on the lands or private ways. See Maine Revised Statutes Title 12 Sec. 10001 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. Primary impact community: means all municipalities in Washington County, including the unorganized territories. See Maine Revised Statutes Title 5 Sec. 13083-B Primary 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 pond: means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will 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 Maine Revised Statutes Title 5 Sec. 18601 Program: means the Retired County and Municipal Law Enforcement Officers and Municipal Firefighters Health Insurance Program established in this section. See Maine Revised Statutes Title 5 Sec. 286-M Project: includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, rights-of-way, utilities, easements and other interests in land, machinery and equipment, and all appurtenances and facilities either on, above or under the ground that are used or usable in connection with any of the structures mentioned in this paragraph, and also includes landscaping, site preparation, furniture, machinery, equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies or other items that are customarily considered as a current operating charge; and [PL 2007, c. See Maine Revised Statutes Title 22 Sec. 2053 Proportional share: means the revenue received from the State during the previous 12 months, divided by the sum of revenue received from the State, 3rd party payors and patients during the corresponding 12 months. See Maine Revised Statutes Title 22 Sec. 1862 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public criminal history record information: means criminal history record information that is not confidential criminal history record information, including information recorded pursuant to section 706. See Maine Revised Statutes Title 16 Sec. 703 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 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Qualified patient: means a competent adult who is a resident of this State and who has satisfied the requirements of this Act in order to obtain a prescription for medication that the qualified patient may self-administer to end the qualified patient's life in a humane and dignified manner. See Maine Revised Statutes Title 22 Sec. 2140 qualifying member: means :
A. See Maine Revised Statutes Title 5 Sec. 17803Qualifying 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. 18601Quorum: The number of legislators that must be present to do business. Raptor: means a bird of the order Strigiformes and of the families Accipitridae and Falconidae commonly called buteos, accipiters, falcons and owls. See Maine Revised Statutes Title 12 Sec. 10001 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 property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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 recycled materials: means materials that are composed in whole or in part of elements that are reused or reclaimed. See Maine Revised Statutes Title 5 Sec. 1812 Referral: means a referral of a patient for health services, including, without limitation:
A. See Maine Revised Statutes Title 22 Sec. 2084Refinancing of existing indebtedness: means liquidation, with the proceeds of bonds or notes issued by the authority, of an indebtedness of a health care facility, an institution for higher education or a participating institution providing an educational program incurred to finance or aid in financing a lawful purpose of that health care facility, institution for higher education or participating institution providing an educational program not financed pursuant to this chapter that would constitute a project had it been undertaken and financed by the authority, or consolidation of such indebtedness with indebtedness of the authority incurred for a project related to the purpose for which the indebtedness of the health care facility, institution for higher education or participating institution providing an educational program was incurred. See Maine Revised Statutes Title 22 Sec. 2053 Registered apprenticeship: means an apprenticeship program registered with the Maine Apprenticeship Program in accordance with Title 26, chapter 37. 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 Registered nurse educator: means a registered nurse licensed under Title 32, chapter 31 who provides postprescription training to a patient or caregiver in a patient's place of residence when the registered nurse educator does not provide health care services, does not deliver the prescription drug, does not touch the patient, does not administer the prescription drug to the patient and does not seek payment from the patient, caregiver or any health care payor. See Maine Revised Statutes Title 22 Sec. 2142 Registrant: means a person or organization registered with the Gambling Control Unit to hold, conduct or operate beano games for which a license is not required. See Maine Revised Statutes Title 17 Sec. 311 Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001 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. Remand: When an appellate court sends a case back to a lower court for further proceedings. Renal dialysis center: means a hospital unit that is approved to furnish the full spectrum of diagnostic, therapeutic and rehabilitative services required for the care of ESRD dialysis patients, including inpatient dialysis furnished directly or under arrangement. See Maine Revised Statutes Title 22 Sec. 2041 Renal dialysis facility: includes a self-dialysis unit or a special-purpose renal dialysis facility. See Maine Revised Statutes Title 22 Sec. 2041 required debt service reserve: means , as of any date of computation, the amount or amounts required to be on deposit in the reserve fund as provided by resolution of the authority. See Maine Revised Statutes Title 22 Sec. 2075 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 reuse: means an alternative use of the base area from its use as a military installation. See Maine Revised Statutes Title 5 Sec. 13083-B 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 River herring: means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. See Maine Revised Statutes Title 12 Sec. 10001 Security deposit: means any advance or deposit, regardless of its denomination, of money, the primary function of which is to secure the performance of a lease or tenancy at will agreement for residential premises or any part thereof. See Maine Revised Statutes Title 14 Sec. 6031 Seine: means an ordinary commercial-type minnow seine, not exceeding 1,200 square feet, used vertically to enclose baitfish when its ends are brought together or drawn ashore. See Maine Revised Statutes Title 12 Sec. 10001 Self-administer: means , for a qualified patient, to voluntarily ingest medication to end the qualified patient's life in a humane and dignified manner. See Maine Revised Statutes Title 22 Sec. 2140 Self-dialysis unit: means a unit that is part of an approved renal dialysis center or renal dialysis facility and furnishes self-dialysis services. See Maine Revised Statutes Title 22 Sec. 2041 Semiautonomous state agency: means an agency created by an act of the Legislature that is not a part of the Executive Department. See Maine Revised Statutes Title 5 Sec. 1972 Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001 Service of process: The service of writs or summonses to the appropriate party. services: when used in this chapter, means any and all window cleaning services, elevator repair and maintenance services, laundry service, linen supply service, dry cleaning service, janitor service, floor maintenance service, rubbish and garbage disposal service, tree surgeon service, all types of office machine repair and maintenance service, exterminator service, refrigerator repair and maintenance service and oil burner repair and maintenance service when any such service is performed by an independent contractor. See Maine Revised Statutes Title 5 Sec. 1812 Set line: means a line extending into the water and rigged to catch fish that has one end secured to the shore or to a fixed or buoyant object and that is not personally attended. See Maine Revised Statutes Title 12 Sec. 10001 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. Share exchange: means a business combination pursuant to section 1103. See Maine Revised Statutes Title 13-C Sec. 1101 Significantly vary: means to change, modify, add to, subtract from, substitute or otherwise change a proposal or invitation to bid to an extent that may affect the price of goods or services requested. See Maine Revised Statutes Title 5 Sec. 1825-A Small business: means a business having 50 or fewer employees in the State. See Maine Revised Statutes Title 5 Sec. 90-O Snagging: means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth. See Maine Revised Statutes Title 12 Sec. 10001 Special advocate: means the person appointed pursuant to section 90-P. See Maine Revised Statutes Title 5 Sec. 90-O Special-purpose renal dialysis facility: means a renal dialysis facility that is approved to furnish dialysis at special locations on a short-term basis to a group of dialysis patients otherwise unable to obtain treatment in the geographical area. See Maine Revised Statutes Title 22 Sec. 2041 Sporting dogs: means sporting dogs as defined by the American Kennel Club, including pointers, retrievers, setters, spaniels, Vizslas, Weimaraners and wirehaired pointing griffons. See Maine Revised Statutes Title 12 Sec. 10001 Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001 State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam and American Samoa. See Maine Revised Statutes Title 16 Sec. 703 State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam and American Samoa. See Maine Revised Statutes Title 16 Sec. 803 State data custodian: means any branch, agency or instrumentality of State Government. See Maine Revised Statutes Title 5 Sec. 2002 State Development Office: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 State employee: means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20?A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20?A, section 7407, subsection 3?A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
A. See Maine Revised Statutes Title 5 Sec. 17001State 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: means an Act of Congress or an act of a state legislature or a provision of the Constitution of the United States or the constitution of a state. See Maine Revised Statutes Title 16 Sec. 703 Statute: means an Act of Congress or an act of a state legislature or a provision of the Constitution of the United States or the constitution of a state. See Maine Revised Statutes Title 16 Sec. 803 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Stay: means the temporary suspension of a contract or grant award pending an appeal under this subchapter. See Maine Revised Statutes Title 5 Sec. 1825-A Subpoena: A command to a witness to appear and give testimony. Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001 Summons: Another word for subpoena used by the criminal justice system. Sunrise: means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001 Sunset: means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001 Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 12 Sec. 10901 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 System: means the Employee Suggestion System established in subsection 2. See Maine Revised Statutes Title 5 Sec. 651 System: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17431 Teacher: includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. See Maine Revised Statutes Title 5 Sec. 17001 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 Temporary nurse agency: means a business entity or subdivision thereof that provides nurses to another organization on a temporary basis within this State. See Maine Revised Statutes Title 22 Sec. 2136 Terminal disease: means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within 6 months. See Maine Revised Statutes Title 22 Sec. 2140 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Threatened species: means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 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. 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. Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tributary: means a brook, stream or river flowing directly or indirectly into a lake, pond or another brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001 Troll: means to fish by trailing a line rigged to catch fish behind a watercraft being propelled by mechanical, wind or manual power. See Maine Revised Statutes Title 12 Sec. 10001 Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC unit: means the bureau within the Department of Public Safety under Title 25, section 2902, subsection 12 or an authorized representative of the Gambling Control Unit. See Maine Revised Statutes Title 17 Sec. 311 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Uphold: The decision of an appellate court not to reverse a lower court decision. valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Weir: means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. See Maine Revised Statutes Title 12 Sec. 10001 Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001 Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management area: means a tract of land or body of water owned or leased by the department for the purposes of wildlife management as defined in subsection 73 or created by an act of the Legislature with the landowner's permission, and subject to the commissioner's authority under section 12701. See Maine Revised Statutes Title 12 Sec. 10001 Wolf: means the Gray Wolf (Canis lupus). See Maine Revised Statutes Title 12 Sec. 10001 Work center: means a program that provides vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement. See Maine Revised Statutes Title 5 Sec. 1826-B 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