Sections
Subchapter 1 Consumer Cooperatives 1501 – 1731
Subchapter 1-A Cooperative Affordable Housing Ownership 1741 – 1762
Subchapter 2 Agricultural Marketing and Bargaining 1771 – 1965
Subchapter 3 Employee Cooperative Corporations 1971 – 1984

Terms Used In Maine Revised Statutes > Title 13 > Part 2 > Chapter 85 - Cooperatives

  • Abuse: includes , but is not limited to, rape or sexual assault, the striking of an individual, the use of excessive force in the use of bodily restraints, the use of bodily or chemical restraints in a manner that is not in compliance with federal and state laws, regulations and rules and verbal, nonverbal, mental and emotional harassment. See Maine Revised Statutes Title 5 Sec. 19503
  • Accession: means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Accessory dwelling unit: means a self?contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land. See Maine Revised Statutes Title 30-A Sec. 4301
  • Account: includes health-care-insurance receivables. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Account debtor: means a person obligated on an account, chattel paper or general intangible. See Maine Revised Statutes Title 11 Sec. 9-1102
  • accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
  • Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
  • 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
  • Administrator: means any person, other than a carrier, that administers a preferred provider arrangement. See Maine Revised Statutes Title 24-A Sec. 2671
  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Adverse claim: means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer or deal with the financial asset. See Maine Revised Statutes Title 11 Sec. 8-1102
  • 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.
  • Affordable housing: means a decent, safe and sanitary dwelling, apartment or other living accommodation for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. See Maine Revised Statutes Title 30-A Sec. 4301
  • Age-friendly community: means a community where policies, services, settings and structures support and enable older people to actively age in place and that recognizes the capabilities, resources and needs of older adults, plans to meet the needs of older adults in flexible ways that support healthy and active aging, promotes the inclusion and contributions of older adults in all areas of community life, respects the self-determination and independence of older adults and protects those older adults who are most vulnerable. See Maine Revised Statutes Title 30-A Sec. 4301
  • Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503
  • 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
  • Agricultural lien: means an interest, other than a security interest, in farm products:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Agricultural products: include floricultural, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and any farm products. See Maine Revised Statutes Title 13 Sec. 1774
  • 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.
  • Annual base compensation: means a member's gross compensation, based upon amounts reported by the member's employer on the member's previous year's federal wage and tax statement, that is used the first day of each April for setting the amount of coverage prior to retirement for participants in the group life insurance program administered by the board. See Maine Revised Statutes Title 5 Sec. 17001
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • 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.
  • 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.
  • 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
  • Arrangement: means a written document executed between an ESRD facility and another facility in which the other facility agrees to furnish specified services to patients but the ESRD facility retains responsibility for those services and for obtaining reimbursement for them. See Maine Revised Statutes Title 22 Sec. 2041
  • Articles: means the articles of incorporation. See Maine Revised Statutes Title 13 Sec. 1774
  • As-extracted collateral: means :
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assets of the investment trust fund: means the funds appropriated or otherwise provided to fund the investment trust fund, together with the interest, earnings and returns on the funds. See Maine Revised Statutes Title 5 Sec. 17431
  • Association: means a corporation organized under this subchapter, or a similar domestic corporation, or a foreign association or corporation if authorized to do business in this State, organized under any general or special Act as a cooperative association for the mutual benefit of its members, as agricultural producers, and which confines its operations to purposes authorized by this subchapter and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this subchapter for associations organized hereunder. See Maine Revised Statutes Title 13 Sec. 1774
  • Association of producers: means any association of producers of agricultural products organized and existing under this subchapter. See Maine Revised Statutes Title 13 Sec. 1955
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • 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
  • Average final compensation: means :
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Bank: includes savings banks, savings and loan associations, credit unions and trust companies. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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.
  • Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001
  • Board: means the board of directors. See Maine Revised Statutes Title 13 Sec. 1774
  • 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
  • Board: means the Maine Agricultural Bargaining Board provided for in this Article. See Maine Revised Statutes Title 13 Sec. 1955
  • Bureau: means the Bureau of Insurance. See Maine Revised Statutes Title 22 Sec. 2084
  • Cabinet: means the Children's Cabinet established in section 19131. See Maine Revised Statutes Title 5 Sec. 24051
  • Cable television company: means any person owning, controlling, operating, managing or leasing a cable television system within the State. See Maine Revised Statutes Title 30-A Sec. 2001
  • Carrier: means an insurance company licensed in accordance with this Title, a fraternal benefit society authorized pursuant to chapter 55 or a nonprofit hospital or medical service organization licensed pursuant to Title 24. See Maine Revised Statutes Title 24-A Sec. 2671
  • Cash proceeds: means proceeds that are money, checks, deposit accounts or the like. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Certificate: includes riders, endorsements and enrollment forms, if attached. See Maine Revised Statutes Title 24-A Sec. 2692
  • Certificate of title: includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificate of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods or a lease of specific goods and license of software used in the goods. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • 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
  • Clearing corporation: means :
    (i) A person that is registered as a "clearing agency" under the federal securities laws;
    (ii) A federal reserve bank; or
    (iii) Any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including adoption of rules, are subject to regulation by a federal or state governmental authority. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Cluster development: means a form of development that allows a subdivision design in which individual lot sizes and setbacks are reduced in exchange for the creation of common open space and recreation areas, the preservation of environmentally sensitive areas, agriculture and silviculture and the reduction in the size of road and utility systems. See Maine Revised Statutes Title 30-A Sec. 4301
  • Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 5 Sec. 17001
  • Collateral: includes :
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Commercial tort claim: means a claim arising in tort with respect to which:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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 Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 17431
  • Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Commodity account: means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Commodity contract: means a commodity futures contract, an option on a commodity futures contract, a commodity option or another contract if the contract or option is:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Commodity customer: means a person for which a commodity intermediary carries a commodity contract on its books. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Commodity intermediary: means a person that:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Communicate: means :
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means , but is not limited to, any report or communication, formal or informal, written or oral, including media accounts and telephone calls from any source, including anonymous calls, alleging abuse or neglect of a person with a disability. See Maine Revised Statutes Title 5 Sec. 19503
  • Comprehensive economic impact area: means the geographic area affected by a proposed large-scale retail development. See Maine Revised Statutes Title 30-A Sec. 4366
  • Comprehensive economic impact study: means a municipal study that estimates the effects of a large-scale retail development on the local economy, downtown and community pursuant to section 4367, subsection 4. See Maine Revised Statutes Title 30-A Sec. 4366
  • Comprehensive family life education: means education in kindergarten to grade 12 regarding human development and sexuality, including education on family planning and sexually transmitted diseases, that is medically accurate and age appropriate; that respects community values and encourages parental communication; that develops skills in communication, decision making and conflict resolution; that contributes to healthy relationships; that promotes responsible sexual behavior with an emphasis on abstinence; that addresses the use of contraception; that promotes individual responsibility and involvement regarding sexuality; and that teaches skills for responsible decision making regarding sexuality. See Maine Revised Statutes Title 22 Sec. 1902
  • Comprehensive plan: means a document or interrelated documents containing the elements established under section 4326, subsections 1 to 4, including the strategies for an implementation program which are consistent with the goals and guidelines established under subchapter II. See Maine Revised Statutes Title 30-A Sec. 4301
  • Conditional zoning: means the process by which the municipal legislative body may rezone property to permit the use of that property subject to conditions not generally applicable to other properties similarly zoned. See Maine Revised Statutes Title 30-A Sec. 4301
  • Consignee: means a merchant to which goods are delivered in a consignment. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Consignment: means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Consignor: means a person that delivers goods to a consignee in a consignment. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Consumer goods: means goods that are used or bought for use primarily for personal, family or household purposes. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Consumer transaction: includes consumer-goods transactions. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Consumer-goods transaction: means a consumer transaction in which:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuation statement: means an amendment of a financing statement that:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Contraceptive procedures: means any medically accepted procedure to prevent pregnancy when performed by or under the direction of a health care practitioner on a requesting and consenting patient. See Maine Revised Statutes Title 22 Sec. 1902
  • Contraceptive supplies: means those medically approved drugs, prescriptions, rhythm charts, devices and other items designed to prevent pregnancy through chemical, mechanical, behavioral or other means. See Maine Revised Statutes Title 22 Sec. 1902
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract zoning: means the process by which the property owner, in consideration of the rezoning of that person's property, agrees to the imposition of certain conditions or restrictions not imposed on other similarly zoned properties. See Maine Revised Statutes Title 30-A Sec. 4301
  • Conversion: means a change in character of residential real property from a rental to an ownership basis. See Maine Revised Statutes Title 13 Sec. 1742
  • Cooperative affordable housing corporation: means a domestic corporation that is organized under or elects to be governed by the provisions of this subchapter. See Maine Revised Statutes Title 13 Sec. 1742
  • Cooperative interest: means the ownership interest in a cooperative affordable housing corporation that is evidenced by a membership share. See Maine Revised Statutes Title 13 Sec. 1742
  • Cooperative property: means the real and personal property, including mobile and manufactured homes, in this State owned or leased by a cooperative affordable housing corporation for the primary purpose of residential use. See Maine Revised Statutes Title 13 Sec. 1742
  • 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.
  • Council: means the Maine Children's Cabinet Early Childhood Advisory Council established in subsection 2. See Maine Revised Statutes Title 5 Sec. 24051
  • 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
  • Critical rural area: means a rural area that is specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from development to preserve natural resources and related economic activities that may include, but are not limited to, significant farmland, forest land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; public water supplies; scarce or especially vulnerable natural resources; flood buffer areas and flood-prone areas; and open lands functionally necessary to support a vibrant rural economy. See Maine Revised Statutes Title 30-A Sec. 4301
  • Critical waterfront area: means a shorefront area characterized by functionally water-dependent uses, as defined in Title 38, section 436?A, subsection 6, and specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from incompatible development. See Maine Revised Statutes Title 30-A Sec. 4301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • Debtor: means :
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dental plan: means insurance written to provide coverage for dental treatment. See Maine Revised Statutes Title 24-A Sec. 2692
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • 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 Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 30-A Sec. 4301
  • Dependent: A person dependent for support upon another.
  • Dependent child: means :
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Deposit account: means a demand, time, savings, passbook or similar account maintained with a bank. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Development: means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring. See Maine Revised Statutes Title 30-A Sec. 4301
  • Developmental disability: means a disability attributable to a mental or physical impairment or combination of mental and physical impairments that:
  • A. See Maine Revised Statutes Title 5 Sec. 19503
  • 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
  • Direct response advertising: means a solicitation through a sponsoring or endorsing entity or individually through mail, telephone, the Internet or other mass communication media. See Maine Revised Statutes Title 24-A Sec. 2692
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Document: means a document of title or a receipt of the type described in section 7?1201, subsection (2). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Domestic association: means an association or corporation formed under the laws of this State. See Maine Revised Statutes Title 13 Sec. 1774
  • Downtown: means the central business district of a community that serves as the center for socioeconomic interaction in the community and is characterized by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, religious and residential buildings and public spaces, typically arranged along a main street and intersecting side streets, walkable and served by public infrastructure. See Maine Revised Statutes Title 30-A Sec. 4366
  • Downtown: means :
  • A. See Maine Revised Statutes Title 30-A Sec. 4301
  • Earnable compensation: includes :
    (1) Workers' compensation benefits;
    (2) Maintenance, if any;
    (3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and
    (4) Pick-up contributions. See Maine Revised Statutes Title 5 Sec. 17001
  • Electronic chattel paper: means chattel paper evidenced by a record or records consisting of information stored in an electronic medium. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Employee: means :
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Employee cooperative: means a corporation which has duly elected to be governed by this subchapter. See Maine Revised Statutes Title 13 Sec. 1972
  • Encumbrance: includes mortgages and other liens on real property. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Engineered disposal system: means a subsurface wastewater disposal system designed, installed and operated as a single unit to treat and dispose of at least 2,000 gallons of wastewater per day or a system designed to be capable of treating wastewater with significantly high 5-day biochemical oxygen demand and total suspended solid concentrations. See Maine Revised Statutes Title 12 Sec. 4807
  • Enrollee: means an individual entitled to reimbursement for expenses of health care services under a health plan. See Maine Revised Statutes Title 24-A Sec. 2671
  • 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.
  • Entitlement holder: means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Exploitation: means the illegal or improper use of an individual or the individual's resources for another's profit or advantage. See Maine Revised Statutes Title 5 Sec. 19503
  • Facility: means any sole proprietorship, partnership, firm, corporation or other business that provides health services. See Maine Revised Statutes Title 22 Sec. 2084
  • Facility: includes any facility providing services, supports and other assistance or residential services or treatment that operates without a license that is required by law, ordinance or rule. See Maine Revised Statutes Title 5 Sec. 19503
  • Family planning: means informed and voluntary self-determination of desired family size and of the timing of child bearing based upon comprehensive knowledge of factors pertinent to this determination. See Maine Revised Statutes Title 22 Sec. 1902
  • Family planning services: means medically safe and effective sexual and reproductive health care and education that enable persons to freely plan their children, avoid unintended pregnancy and maintain reproductive and sexual health through the provision of contraceptive supplies, contraceptive procedures and related counseling; the prevention and treatment of infertility; appropriate prenatal and obstetric care; the prevention or treatment of sexually transmitted infections; and other services necessary for reproductive and sexual health. See Maine Revised Statutes Title 22 Sec. 1902
  • Farm products: means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and that are:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Farming operation: means raising, cultivating, propagating, fattening, grazing or any other farming, livestock or aquacultural operation. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • File number: means the number assigned to an initial financing statement pursuant to section 9?1519, subsection (1). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Filing office: means an office designated in section 9?1501 as the place to file a financing statement. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Filing-office rule: means a rule adopted pursuant to section 9?1526. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Financial asset: except as otherwise provided in section 8?1103, means:
    (i) A security;
    (ii) An obligation of a person or a share, participation or other interest in a person or in property or an enterprise of a person that is, or is of a type, dealt in or traded on financial markets or that is recognized in any area in which it is issued or dealt in as a medium for investment; or
    (iii) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Maine Revised Statutes Title 11 Sec. 9-1102
  • First-time subsurface waste disposal system: means the first subsurface waste disposal system designed to serve a specific structure. See Maine Revised Statutes Title 12 Sec. 4807
  • 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.
  • Fixture filing: includes the filing of a financing statement covering goods of a transmitting utility that are or are to become fixtures. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Fixtures: means goods that have become so related to particular real property that an interest in them arises under real property law. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Foreign association: means an association or corporation not formed under the laws of this State. See Maine Revised Statutes Title 13 Sec. 1774
  • Form: means a policy, contract, rider, endorsement or application as provided in section 2412. See Maine Revised Statutes Title 24-A Sec. 2692
  • General ATV enforcement: means Level 1 or Level 2 enforcement. See Maine Revised Statutes Title 12 Sec. 10321
  • General intangible: includes payment intangibles and software. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: includes :
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Governmental unit: includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • grant committee: means the committee established in section 10324. See Maine Revised Statutes Title 12 Sec. 10321
  • Gross floor area: means the aggregate of the areas of each floor of a building or structure, including accessory structures, measured between the exterior faces of the exterior walls or limits of the building or structure at the level of each floor. See Maine Revised Statutes Title 30-A Sec. 4366
  • 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. 2084
  • Growth area: means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for orderly residential, commercial or industrial development, or any combinations of those types of development, and into which most development projected over 10 years is directed. See Maine Revised Statutes Title 30-A Sec. 4301
  • Growth management program: means a document containing the components described in section 4326, including the implementation program, that is consistent with the goals and guidelines established by subchapter II and that regulates land use beyond that required by Title 38, chapter 3, subchapter I, article 2?B. See Maine Revised Statutes Title 30-A Sec. 4301
  • Growth-related capital investment: means investment by the State in only the following projects, even if privately owned, whether using state, federal or other public funds and whether in the form of a purchase, lease, grant, loan, loan guarantee, credit, tax credit or other financial assistance:
  • A. See Maine Revised Statutes Title 30-A Sec. 4301
  • 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.
  • Handler: means any person engaged in the business or practice of:
  • A. See Maine Revised Statutes Title 13 Sec. 1955
  • Health care facility: means a nursing home that is, or will be upon completion, licensed under chapter 405; a residential care facility that is, or will be upon completion, licensed under chapter 1663; a continuing care retirement community that is, or will be upon completion, licensed under Title 24-A, chapter 73; an assisted living facility that is, or will be upon completion, licensed under chapter 1664; a hospital; a community mental health facility; a scene response air ambulance licensed under Title 32, chapter 2-B and the rules adopted thereunder; a facility of a hospice program that is, or will be upon completion, licensed under chapter 1681; a nonprofit statewide health information network incorporated in the State for the purpose of exchanging health care information among licensed health care providers in the State; or a community health center. See Maine Revised Statutes Title 22 Sec. 2053
  • Health care practitioner: means an individual who is licensed, certified or otherwise authorized under the laws of the State to provide health care services. See Maine Revised Statutes Title 22 Sec. 1902
  • 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 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 services: means health care services or products rendered or sold by a provider within the scope of the provider's legal authorization. See Maine Revised Statutes Title 24-A Sec. 2671
  • 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
  • Health plan: means a plan offered or administered by a carrier that provides for the financing or delivery of health care services to persons enrolled in the plan. See Maine Revised Statutes Title 24-A Sec. 2671
  • Health services: means diagnosis, treatment and rehabilitative services for an injured, disabled or sick person. See Maine Revised Statutes Title 22 Sec. 2084
  • Health-care-insurance receivable: means an interest in or claim under a policy of insurance that is a right to payment of a monetary obligation for health-care goods or services provided or to be provided. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Hospital: means any private, nonprofit or charitable institution or organization which is either:
  • A. See Maine Revised Statutes Title 22 Sec. 2053
  • Immediate family member: means a health care practitioner's parent, spouse, child or child's spouse. See Maine Revised Statutes Title 22 Sec. 2084
  • Impact fee: means a charge or assessment imposed by a municipality against a new development to fund or recoup a portion of the cost of new, expanded or replacement infrastructure facilities necessitated by and attributable at least in part to the new development. See Maine Revised Statutes Title 30-A Sec. 4301
  • Impact fee ordinance: means an ordinance that establishes the applicability, formula and means by which impact fees are assessed. See Maine Revised Statutes Title 30-A Sec. 4301
  • Implementation program: means that component of a local growth management program that begins after the adoption of a comprehensive plan and that includes the full range of municipal policy-making powers, including spending and borrowing powers, as well as the powers to adopt or implement ordinances, codes, rules or other land use regulations, tools or mechanisms that carry out the purposes and general policy statements and strategies of the comprehensive plan in a manner consistent with the goals and guidelines of subchapter 2. See Maine Revised Statutes Title 30-A Sec. 4301
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Independent agricultural contractor: means a person who grows under contract, or who harvests or hauls forest products under contract, as the person's primary activity or as part of a general agricultural activity. See Maine Revised Statutes Title 13 Sec. 1774
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution for higher education: means :
  • A. See Maine Revised Statutes Title 22 Sec. 2053
  • Institution 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
  • Instrument: means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease and is of a type that in the ordinary course of business is transferred by delivery with any necessary indorsement or assignment. See Maine Revised Statutes Title 11 Sec. 9-1102
  • insured: as used in this chapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. See Maine Revised Statutes Title 24-A Sec. 2731
  • 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
  • Inventory: means goods, other than farm products, that:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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 property: means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract or commodity account. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • 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.
  • Land use ordinance: means an ordinance or regulation of general application adopted by the municipal legislative body which controls, directs or delineates allowable uses of land and the standards for those uses. See Maine Revised Statutes Title 30-A Sec. 4301
  • Land use permit: means a municipal permit or approval required by a municipal land ordinance, site plan ordinance, subdivision ordinance, zoning ordinance or building permit ordinance or by the state subdivision law pursuant to subchapter 4. See Maine Revised Statutes Title 30-A Sec. 4366
  • 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
  • Large-scale retail development: means any retail business establishment having a gross floor area of 75,000 square feet or more in one or more buildings at the same location, and any expansion of an existing building or buildings that results in a retail business establishment's having a gross floor area of 75,000 square feet or more in one or more buildings except when the expansion of an existing retail business establishment is less than 20,000 square feet. See Maine Revised Statutes Title 30-A Sec. 4366
  • Law enforcement agency: means a state, county or municipal agency or bureau that employs full-time and part-time law enforcement officers certified by the Maine Criminal Justice Academy who are authorized pursuant to section 10402, subsection 4 to enforce the provisions of this Part regulating ATVs. See Maine Revised Statutes Title 12 Sec. 10321
  • Learning disability: means a disorder exhibited in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations. See Maine Revised Statutes Title 5 Sec. 19503
  • 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
  • Lender: includes , but is not limited to, the following institutional lenders whose policies and procedures are subject to governmental supervision:
  • A. See Maine Revised Statutes Title 13 Sec. 1742
  • Letter-of-credit right: means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien creditor: means :
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Limited equity cooperative: means a cooperative affordable housing corporation organized in accordance with section 1754. See Maine Revised Statutes Title 13 Sec. 1742
  • Limited equity formula: means a rule or method for determining the transfer value of a share in a limited equity cooperative. See Maine Revised Statutes Title 13 Sec. 1742
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local climate action plan: means a planning and decision-making document adopted by a municipality or multimunicipal region that:
  • A. See Maine Revised Statutes Title 30-A Sec. 4301
  • Local district: means :
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Low income: means income that is less than or equal to 80% of median income for the area, adjusted for family size, in accordance with federal standards generally accepted at the time of incorporation under this subchapter and comparable to standards of the federal Department of Housing and Urban Development in existence on the effective date of this section. See Maine Revised Statutes Title 13 Sec. 1742
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Manufactured home: includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Manufactured-home transaction: means a secured transaction:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Marketing contract: includes a contract related to the marketing of agricultural products and a contract by an independent agricultural contractor for furnishing services and facilities in raising or growing agricultural products. See Maine Revised Statutes Title 13 Sec. 1774
  • Matching funds: includes , but is not limited to, private contributions of cash or securities, money from municipal or other public agencies, money from a federal matching program, in-kind contributions or any combination thereof. See Maine Revised Statutes Title 12 Sec. 10321
  • Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001
  • Member: means a person who owns a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742
  • Member: means a natural person who has been accepted for membership in and owns a membership share issued by an employee cooperative. See Maine Revised Statutes Title 13 Sec. 1972
  • Member: includes the holder of a membership in an association without capital stock and the holder of common stock in an association organized with capital stock. See Maine Revised Statutes Title 13 Sec. 1774
  • Membership fee: means an initial payment made by a person to an employee cooperative as a condition to becoming a member. See Maine Revised Statutes Title 13 Sec. 1972
  • Membership service: means service rendered while a member of a retirement program of the retirement system on account of which contributions are made and for which credit is allowable under chapter 423, subchapter 4 or chapter 425, subchapter 4. See Maine Revised Statutes Title 5 Sec. 17001
  • Mental illness: means a significant mental illness or emotional impairment, as determined by a qualified mental health professional. See Maine Revised Statutes Title 5 Sec. 19503
  • Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve
  • Moderate income: means income that is less than or equal to 100% of median income for the area, adjusted for family size, in accordance with federal standards generally accepted at the time of incorporation under this subchapter and comparable to standards of the federal Department of Housing and Urban Development in existence on the effective date of this section. See Maine Revised Statutes Title 13 Sec. 1742
  • monetary obligation: means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Moratorium: means a land use ordinance or other regulation approved by a municipal legislative body that, if necessary, may be adopted on an emergency basis and given immediate effect and that temporarily defers all development, or a type of development, by withholding any permit, authorization or approval necessary for the specified type or types of development. See Maine Revised Statutes Title 30-A Sec. 4301
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage: means a consensual interest in real property, including fixtures, that secures payment or performance of an obligation. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Multijurisdictional high-problem area: means an area of extensive use by ATV operators, including, but not limited to, unauthorized trails or damaged agricultural lands, wetlands or other environmentally sensitive areas. See Maine Revised Statutes Title 12 Sec. 10321
  • Multimunicipal region: means a region made up of 2 or more municipalities that work together to cooperatively establish a growth management program or independent growth management programs that are unified with respect to the implementation of the state goal identified in section 4312, subsection 3, paragraph A. See Maine Revised Statutes Title 30-A Sec. 4301
  • Multiple unit housing: shall mean a structure or structures located on a single lot, which structures are designed or used to house 2 or more families. See Maine Revised Statutes Title 12 Sec. 4807
  • municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal legislative body: means :
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal officers: means :
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal reviewing authority: means the municipal planning board, agency or office or, if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4366
  • Municipal reviewing authority: means the municipal planning board, agency or office, or if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4301
  • 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
  • Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Neglect: includes , but is not limited to, failure to establish or carry out an individual program, treatment or habilitation plan or the deprivation of or failure to meet essential needs, including needs for adequate nutrition, clothing, health care and a safe environment. See Maine Revised Statutes Title 5 Sec. 19503
  • New debtor: means a person that becomes bound as debtor under section 9?1203, subsection (4) by a security agreement previously entered into by another person. See Maine Revised Statutes Title 11 Sec. 9-1102
  • New value: means :
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Noncash proceeds: means proceeds other than cash proceeds. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • 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.
  • Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Other land use activity: includes any commercial or industrial uses or combination of such uses. See Maine Revised Statutes Title 12 Sec. 4807
  • Out-of-state service: means service rendered as an employee of:
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means mother or father. See Maine Revised Statutes Title 5 Sec. 17001
  • 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.
  • Patronage: means the amount of work performed as a member of an employee cooperative, measured in accordance with the articles of incorporation or bylaws. See Maine Revised Statutes Title 13 Sec. 1972
  • Pawn transaction: means the lending of money on the security of pledged tangible personal property that is delivered to a pawnbroker and held by the pawnbroker. See Maine Revised Statutes Title 30-A Sec. 3960
  • Pawnbroker: means a person who engages in pawn transactions. See Maine Revised Statutes Title 30-A Sec. 3960
  • Payment intangible: means a general intangible under which the account debtor's principal obligation is a monetary obligation. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Person: means any person regardless of sex, race, sexual orientation, gender identity, number of children, marital status, motive and citizenship. See Maine Revised Statutes Title 22 Sec. 1902
  • Person: includes one or more individuals, partnerships, corporations and associations. See Maine Revised Statutes Title 13 Sec. 1955
  • Person: means any individual, corporation, firm, partnership, municipality, quasi-municipal corporation, state or federal agency or any other legal entity. See Maine Revised Statutes Title 12 Sec. 4807
  • Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001
  • Person: includes an individual, a partnership, a corporation and an association. See Maine Revised Statutes Title 13 Sec. 1774
  • Person with a disability: means a person with a physical or mental impairment that substantially limits one or more of the major life activities of that person and includes, but is not limited to, a person with a developmental disability, a learning disability or a mental illness. See Maine Revised Statutes Title 5 Sec. 19503
  • Personal property: All property that is not real property.
  • Personnel: means staff employed by the agency. See Maine Revised Statutes Title 5 Sec. 19503
  • 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
  • Planning committee: means the committee established by the municipal officers of a municipality or combination of municipalities that has the general responsibility established under sections 4324 and 4326. See Maine Revised Statutes Title 30-A Sec. 4301
  • Policy: means an entire contract between the insurer and the insured, including riders, endorsements and the application, if attached. See Maine Revised Statutes Title 24-A Sec. 2692
  • Preferred provider: means a provider who enters into a preferred provider arrangement with an administrator or carrier. See Maine Revised Statutes Title 24-A Sec. 2671
  • Preferred provider arrangement: means a contract, agreement or arrangement between a carrier or administrator and a provider in which the provider agrees to provide services to a health plan enrollee whose plan benefits include incentives for the enrollee to use the services of that provider. See Maine Revised Statutes Title 24-A Sec. 2671
  • 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.
  • Prior service: means service rendered before the date of establishment of the retirement system as set forth in section 17101. See Maine Revised Statutes Title 5 Sec. 17001
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probable cause: means a reasonable ground for belief that a person with a disability has been or may be subject to abuse or neglect. See Maine Revised Statutes Title 5 Sec. 19503
  • Probate: Proving a will
  • Proceeds: means the following property:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Producer: means a person engaged in the production of agricultural products as a farmer, planter, rancher, poultry farmer, dairy farmer, fruit, vegetable or nut grower, or independent agricultural contractor as specified in section 1774, subsections 6?A and 8?A. See Maine Revised Statutes Title 13 Sec. 1955
  • Producers: includes independent agricultural contractors. See Maine Revised Statutes Title 13 Sec. 1774
  • Production money crops: means crops that secure a production-money obligation incurred with respect to the production of those crops. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Production-money obligation: means an obligation of an obligor incurred for new value given to enable the debtor to produce crops if the value is in fact used for the production of the crops. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Promissory note: means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Proposal: means a record authenticated by a secured party that includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to sections 9?1620, 9?1621 and 9?1622. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Proprietary lease: means an agreement with a cooperative affordable housing corporation governing a member's right to occupancy under which a member has an exclusive possessory interest in a unit. See Maine Revised Statutes Title 13 Sec. 1742
  • Provider: means an individual or entity duly licensed or otherwise legally authorized to provide health care services, including, but not limited to, the treatment of physical health and mental health and provision for medical supplies and pharmaceutical supplies. See Maine Revised Statutes Title 24-A Sec. 2671
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public drinking water supplier: means a public water supplier as defined by the federal Safe Drinking Water Act that provides drinking water from a source water protection area. See Maine Revised Statutes Title 30-A Sec. 2001
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public organic record: means a record that is available to the public for inspection and is:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Public school: includes :
    (1) Any public school conducted within the State under the authority and supervision of a duly elected board of education, superintending school committee or school directors; and
    (2) Any school which received any direct state aid in 1950 and municipal tuition funds amounting to at least the amount of that state aid during 1950. See Maine Revised Statutes Title 5 Sec. 17001
  • Public-finance transaction: means a secured transaction in connection with which:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Qualified association: means an association of producers accredited in accordance with section 1957. See Maine Revised Statutes Title 13 Sec. 1955
  • Quorum: The number of legislators that must be present to do business.
  • Rate of growth ordinance: means a land use ordinance or other rule that limits the number of building or development permits issued by a municipality or other jurisdiction over a designated time frame. See Maine Revised Statutes Title 30-A Sec. 4301
  • 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.
  • record owner: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Referral: means a referral of a patient for health services, including, without limitation:
  • A. See Maine Revised Statutes Title 22 Sec. 2084
  • Refinancing 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
  • Regional council: means a regional planning commission or a council of governments established under chapter 119, subchapter I. See Maine Revised Statutes Title 30-A Sec. 4301
  • Registered organization: means an organization formed or organized solely under the law of a single state or of the United States by the filing of a public organic record with, the issuance of a public organic record by or the enactment of legislation by the state or the United States. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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.
  • 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.
  • residence: refer to an individual's place of domicile. See Maine Revised Statutes Title 30-A Sec. 2001
  • Resident: means any occupant of space owned by the cooperative affordable housing corporation. See Maine Revised Statutes Title 13 Sec. 1742
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail business establishment: means a business engaged in the sale of goods to the ultimate consumer for direct use or consumption. See Maine Revised Statutes Title 30-A Sec. 4366
  • 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
  • Rural area: means a geographic area that is identified and designated in a municipality's or multimunicipal region's comprehensive plan as an area that is deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, erosion mitigation, water retention, wildlife habitat, fisheries habitat and scenic lands, and away from which most development projected over 10 years is diverted. See Maine Revised Statutes Title 30-A Sec. 4301
  • Secondary obligor: means an obligor to the extent that:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Secured party: means :
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Securities intermediary: means :
    (i) A clearing corporation; or
    (ii) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Security: except as otherwise provided in section 8?1103, means an obligation of an issuer or a share, participation or other interest in an issuer or in property or an enterprise of an issuer:
    (i) That is represented by a security certificate in bearer or registered form or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer;
    (ii) That is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests or obligations; and
    (iii) That:
    (A) Is, or is of a type, dealt in or traded on securities exchanges or securities markets; or
    (B) Is a medium for investment and by its terms expressly provides that it is a security governed by this Article. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Security agreement: means an agreement that creates or provides for a security interest. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Security entitlement: means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. See Maine Revised Statutes Title 11 Sec. 8-1102
  • 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
  • Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001
  • Service center community: means a municipality or group of municipalities identified by the department according to a methodology established by rule that includes 4 basic criteria, including level of retail sales, jobs-to-workers ratio, the amount of federally assisted housing and the volume of service sector jobs. See Maine Revised Statutes Title 30-A Sec. 4301
  • 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.
  • 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.
  • Sewage: means the water-carried wastes created in and carried or to be carried away from any structure together with any surface or ground water or household and industrial waste that is present. See Maine Revised Statutes Title 30-A Sec. 2001
  • Sewer system: includes both sewers and sewage disposal systems and all property, rights, easements and franchises relating to those sewers and sewage disposal systems. See Maine Revised Statutes Title 30-A Sec. 2001
  • Share loan: means an agreement entered into by a member and a lender to finance the member's acquisition of the member's cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742
  • Single family residential unit: means any structure of any kind, including mobile homes, used or designed to house a single family, and shall include those structures used permanently and seasonally. See Maine Revised Statutes Title 12 Sec. 4807
  • Software: means a computer program and any supporting information provided in connection with a transaction relating to the program. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Source water protection area: means an area that contributes recharge water to a surface water intake or public water supply well for a public drinking water supply. See Maine Revised Statutes Title 30-A Sec. 2001
  • 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
  • Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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. 17001
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscription agreement: means a written agreement between a prospective member and a cooperative affordable housing corporation for the purchase and sale of a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742
  • Subsurface waste disposal: means any system for disposing of wastes or waste waters on or beneath the surface of the earth including, but not limited to, holding ponds, surface spraying, septic tanks, drainage fields and wells, but shall not include any discharge or the waste treatment system related thereto licensed under Title 38, section 413 or any discharge into a municipal or quasi-municipal sewer system. See Maine Revised Statutes Title 12 Sec. 4807
  • Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 2671
  • Supporting obligation: means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument or investment property. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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 Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17431
  • Tangible chattel paper: means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Termination statement: means an amendment of a financing statement that:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • This subchapter: means the "Uniform Agricultural Cooperative Association Act. See Maine Revised Statutes Title 13 Sec. 1774
  • 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
  • Transitional area: means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for a share of projected residential, commercial or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area. See Maine Revised Statutes Title 30-A Sec. 4301
  • Transmitting utility: means a person primarily engaged in the business of:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Trustee: A person or institution holding and administering property in trust.
  • Undue adverse impact: means that, within the comprehensive economic impact area, the estimated overall negative effects on the factors listed for consideration in section 4367, subsection 4 outweigh the estimated overall positive effects on those factors. See Maine Revised Statutes Title 30-A Sec. 4366
  • 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 a portion of the cooperative property leased for exclusive occupancy by a member under a proprietary lease or leased to a tenant by lease agreement. See Maine Revised Statutes Title 13 Sec. 1742
  • 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.
  • Vision care plan: means insurance written to provide coverage for eye care. See Maine Revised Statutes Title 24-A Sec. 2692
  • Waste: means any liquefied sewage, garbage, sewage sludge, chemical, biological or radiological materials, human body wastes, or any other refuse or effluent in a liquid form generated from domestic, commercial or industrial activities, except any wastes containing insufficient liquid to be free flowing and wastes generated from agricultural activities or animal husbandry. See Maine Revised Statutes Title 12 Sec. 4807
  • Written notice of allocation: means a written instrument which discloses to a member the stated dollar amount of that member's patronage allocation and the terms for payment of that amount by the employee cooperative. See Maine Revised Statutes Title 13 Sec. 1972
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
  • Young children: means children from birth until they complete grade 3. See Maine Revised Statutes Title 5 Sec. 24051
  • Zoning ordinance: means a type of land use ordinance that divides a municipality into districts and that prescribes and reasonably applies different regulations in each district. See Maine Revised Statutes Title 30-A Sec. 4301