Sections
Chapter 1 Parties and Title of Actions 1 – 17
Chapter 3 Pleadings 51 – 52
Chapter 5 Tender and Offer of Judgment 101 – 102
Chapter 7 Defenses Generally 151 – 172
Chapter 9 Defense by Subsequent Attaching Creditors 201 – 206
Chapter 10 Liability 221
Chapter 11 Contempt 251 – 252
Chapter 13 Parents, Children, Spouses 301 – 304
Chapter 15 Uniform Interstate Depositions and Discovery Act 401 – 408

Terms Used In Maine Revised Statutes > Title 14 > Part 1 - General Provisions

(a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • adult day care program: means a program of care, activities and protection maintained or carried out on a regular basis by a person or combination of persons in a private dwelling or other facility, for consideration, for any part of a day for 3 or more adults, 19 years of age or older, who are not blood relatives and are coming to the facility for the express purpose of participating in this program. See Maine Revised Statutes Title 22 Sec. 8601
  • Adult day care program: means an adult day care program licensed pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • 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.
  • Agricultural lien: means an interest, other than a security interest, in farm products:  
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Ancillary obligation: means the obligation of the bond bank in connection with liquor operation revenue bonds issued under this subchapter under any of the following entered into by the bond bank:  
  • A. See Maine Revised Statutes Title 30-A Sec. 6052
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means an individual who has applied for a homestead property tax exemption pursuant to this subchapter. See Maine Revised Statutes Title 36 Sec. 681
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assigned justice or judge: means the Justice or Active Retired Justice of the Supreme Judicial Court, the Justice or Active Retired Justice of the Superior Court or the judge authorized to sit in the Superior Court on post-conviction review cases who is assigned the post-conviction review proceeding when a special assignment has been made. See Maine Revised Statutes Title 15 Sec. 2121
  • Assisted housing program: means a program or facility licensed pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Background check: means the collection of personally identifiable information and data for comparison with criminal record repositories and registry databases that are relevant to an individual's identity and background, including monitoring for future offenses through a rap back monitoring program. See Maine Revised Statutes Title 22 Sec. 9053
  • Background Check Center: means the entity established under section 9052 to operate the Internet-based system maintained by the department pursuant to section 9054 that is designed to integrate and analyze data streams from various sources and is used by providers when conducting background checks on potential or current direct access workers. See Maine Revised Statutes Title 22 Sec. 9053
  • Background check report: means a comprehensive report generated by the Background Check Center based on a search and analysis of data stored in federal and state criminal record repositories, registry databases or agencies, including, but not limited to, the Federal Bureau of Investigation; the Department of Public Safety, State Bureau of Identification; abuse and neglect, sex offender and employment-related registries; professional licensing authorities; and Medicare and Medicaid exclusion databases. See Maine Revised Statutes Title 22 Sec. 9053
  • Bail: 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.
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: 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
  • Biosolids: means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids and septic tank sludge, also known as septage. See Maine Revised Statutes Title 7 Sec. 742
  • Birth admission: means the time after birth that the newborn remains in the hospital nursery prior to discharge. See Maine Revised Statutes Title 22 Sec. 8822
  • Board: means the Employee Suggestion System Board established in subsection 3. See Maine Revised Statutes Title 5 Sec. 651
  • Board: means the Newborn Hearing Screening Advisory Board. See Maine Revised Statutes Title 22 Sec. 8822
  • Bona fide occupational exposure: means skin, eye, mucous membrane or parenteral contact of a person with the potentially infectious blood or other body fluids of another person that results from the performance of duties by the exposed person in the course of employment. See Maine Revised Statutes Title 5 Sec. 19201
  • bond bank: means the Maine Municipal Bond Bank created by section 5951. See Maine Revised Statutes Title 30-A Sec. 5903
  • Bonds: means bonds of the bank issued under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903
  • Brand: means a term, design or trademark used in connection with one or several grades of commercial fertilizer. See Maine Revised Statutes Title 7 Sec. 742
  • Breathing apparatus: means any breathing device, either high or low pressure, which is used to sustain human life under adverse conditions. See Maine Revised Statutes Title 22 Sec. 1582
  • Bureau: means the Bureau of Revenue Services, which may be referred to as "Maine Revenue Services. See Maine Revised Statutes Title 36 Sec. 111
  • Bureau: means the Department of Health and Human Services, Bureau of Health. See Maine Revised Statutes Title 5 Sec. 19251
  • Bureau: means the Department of Public Safety, State Bureau of Identification. See Maine Revised Statutes Title 22 Sec. 9053
  • Capital reserve fund: means any capital reserve fund created or established as provided in section 6006, subsection 1-A. See Maine Revised Statutes Title 30-A Sec. 5903
  • Cash proceeds: means proceeds that are money, checks, deposit accounts or the like. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Chambers: A judge's office.
  • 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 judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • children: means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301-A, that provides services to these children. See Maine Revised Statutes Title 22 Sec. 7701
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Code: means the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2019. See Maine Revised Statutes Title 36 Sec. 111
  • CODIS: means the Federal Bureau of Investigation's national DNA identification index system that allows for storage and exchange of DNA records submitted by state and local forensic DNA laboratories and is derived from the Combined DNA Index System. See Maine Revised Statutes Title 15 Sec. 2136
  • Collateral: includes :  
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Commercial fertilizer: means a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product or the accompanying delivery paperwork or invoice of a bulk fertilizer. See Maine Revised Statutes Title 7 Sec. 742
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or his authorized agent. See Maine Revised Statutes Title 7 Sec. 742
  • Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • 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.
  • Communicate: means :  
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Community-based AIDS organization: means a nonprofit community organization whose primary purpose is to provide educational information on HIV-related illnesses, support to persons with HIV-related illnesses and assistance to families and others providing care and support to persons with HIV-related illnesses. See Maine Revised Statutes Title 5 Sec. 19251
  • 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 obligor: means an obligor who is an individual who incurred the obligation as part of a transaction entered into 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
  • Contingent offer of employment: means an offer of employment as a direct access worker that is based upon receipt of a final nondisqualifying background check report and that may be withdrawn if a disqualifying final background check report is issued. See Maine Revised Statutes Title 22 Sec. 9053
  • Continuation statement: means an amendment of a financing statement that:  
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cost of issuance: means an item of expense directly or indirectly payable or reimbursable by the bond bank and related to the authorization, sale or issuance of liquor operation revenue bonds, including, but not limited to, underwriting fees and fees and expenses of professional consultants and fiduciaries. See Maine Revised Statutes Title 30-A Sec. 6052
  • Crime lab: means the Maine State Police Crime Laboratory located in Augusta. See Maine Revised Statutes Title 15 Sec. 2136
  • Criminal charge without disposition: means a charge that appears on an individual's criminal history record that has not been finally disposed at the time the criminal record is reviewed. See Maine Revised Statutes Title 22 Sec. 9053
  • Criminal judgment: means a judgment of conviction of a crime, the orders of adjudication and disposition in a juvenile case and a judgment of not criminally responsible by reason of insanity. See Maine Revised Statutes Title 15 Sec. 2121
  • 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
  • Customer: means an individual who is lawfully on the premises of a retail establishment. See Maine Revised Statutes Title 22 Sec. 1671
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1582
  • Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Deposit account: means a demand, time, savings, passbook or similar account maintained with a bank. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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.
  • Direct access: means access to the property, personally identifiable information, financial information and resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other protected individual served by a provider subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053
  • Direct access worker: includes but is not limited to the following individuals:  
  • A. See Maine Revised Statutes Title 22 Sec. 9053
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disqualifying offense: means an event in a person's background that has resulted in a database or registry notation or criminal record report that is relevant to the health and safety of protected individuals and that is included on the list of disqualifying offenses adopted in rules pursuant to this chapter that mandate a prohibition or exclusion from direct access employment. See Maine Revised Statutes Title 22 Sec. 9053
  • Distribute: means to offer for sale, sell, barter or otherwise supply commercial fertilizers. See Maine Revised Statutes Title 7 Sec. 742
  • distributor: means any person who distributes. See Maine Revised Statutes Title 7 Sec. 742
  • division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 22 Sec. 7701
  • Division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 22 Sec. 8752
  • DNA: means deoxyribonucleic acid. See Maine Revised Statutes Title 15 Sec. 2136
  • DNA analysis: means DNA typing tests that derive identification information specific to a person from that person's DNA. See Maine Revised Statutes Title 15 Sec. 2136
  • DNA record: means DNA identification information obtained from DNA analysis and stored in the state DNA data base or CODIS. See Maine Revised Statutes Title 15 Sec. 2136
  • DNA sample: means a blood sample provided by a person convicted of one of the offenses listed in this chapter or submitted to the crime lab for analysis pursuant to a criminal investigation. See Maine Revised Statutes Title 15 Sec. 2136
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Drug treatment center: means a facility licensed pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • Eating establishment: means an eating establishment licensed by the Department of Health and Human Services under Maine Revised Statutes Title 22 Sec. 1685
  • Eligible business equipment: includes , without limitation, repair parts, replacement parts, replacement equipment, additions, accessions and accessories to other qualified property that first became subject to assessment under this Part before April 1, 2008 if the part, addition, equipment, accession or accessory would, in the absence of this subchapter, first be subject to assessment under this Part on or after April 1, 2008. See Maine Revised Statutes Title 36 Sec. 691
  • Eligible medical condition: means Crohn's disease, ulcerative colitis or any other inflammatory bowel disease, irritable bowel syndrome, a condition requiring the use of an ostomy device or any other medical condition that requires immediate access to a toilet facility. See Maine Revised Statutes Title 22 Sec. 1671
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employer: includes a provider, a temporary nurse agency, a personal care agency and a placement agency. See Maine Revised Statutes Title 22 Sec. 9053
  • employer of the person exposed: include a self-employed person who is exposed to the potentially infectious blood or other body fluids of another person. See Maine Revised Statutes Title 5 Sec. 19201
  • employment: means any activity involving direct access services including employment for wages, contracting for temporary staff or use of unsupervised volunteers or students who perform functions similar to those performed by direct access workers. See Maine Revised Statutes Title 22 Sec. 9053
  • 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.
  • Equipment: means goods other than inventory, farm products or consumer goods. See Maine Revised Statutes Title 11 Sec. 9-1102
  • 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
  • Estates: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exempt business equipment: means eligible business equipment that is exempt under this subchapter. See Maine Revised Statutes Title 36 Sec. 691
  • facility: includes a pharmacy licensed pursuant to Title 32. See Maine Revised Statutes Title 5 Sec. 19201
  • facility: means any of the places defined in section 8001, 8101, 8201 or 8301-A, subsection 1-A, paragraph B. See Maine Revised Statutes Title 22 Sec. 7701
  • facility: means a state institution as defined under Title 34-B, chapter 1 or a health care facility licensed by the division, except that it does not include a facility licensed as a nursing facility or licensed under Maine Revised Statutes Title 22 Sec. 8752
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fence: means a good quality fence or wall not less than 4 feet in height above ground surface and of a character to exclude children. See Maine Revised Statutes Title 22 Sec. 1631
  • Fertilizer material: means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures. See Maine Revised Statutes Title 7 Sec. 742
  • Fiduciary: A trustee, executor, or administrator.
  • Financing costs: means all costs of issuance, capitalized interest, capitalized operating expenses and debt service reserves, fees and costs of any ancillary obligation or other fees, expenses and costs related to issuing, securing and marketing liquor operation revenue bonds. See Maine Revised Statutes Title 30-A Sec. 6052
  • 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
  • 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 agent: means an incorporated community organization, agency or institution designated by a community-based AIDS organization and authorized by the bureau to receive and distribute grants to that community-based AIDS organization. See Maine Revised Statutes Title 5 Sec. 19251
  • 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
  • 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
  • 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
  • Foreign jurisdiction: means a state other than this State. See Maine Revised Statutes Title 14 Sec. 402
  • Foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Maine Revised Statutes Title 14 Sec. 402
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Fully marketable form: means a municipal security duly executed and accompanied by an approving legal opinion of a bond counsel of recognized standing in the field of municipal law whose opinions are generally accepted by purchasers of municipal bonds, provided that the municipal security so executed need not be printed or lithographed nor be in more than one denomination. See Maine Revised Statutes Title 30-A Sec. 5903
  • Fund: means the Liquor Operation Revenue Fund established in section 6054. See Maine Revised Statutes Title 30-A Sec. 6052
  • General fund: means the fund created or established as provided in section 6007. See Maine Revised Statutes Title 30-A Sec. 5903
  • Goods: includes :  
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Governmental unit: means any county, municipality, school administrative district, community school district, public waste disposal corporation as authorized under Title 38, section 1304-B or other quasi-municipal corporation within the State, including any corporation owned entirely by a municipality and providing water, sewer or electric service or performing other essential governmental functions. See Maine Revised Statutes Title 30-A Sec. 5903
  • 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
  • Grade: means any commercial fertilizer having a specific minimum percentage of plant nutrients that is the same as the guaranteed analysis, expressed in whole numbers. See Maine Revised Statutes Title 7 Sec. 742
  • Grandfathered employee: means an individual subject to the requirements of this chapter who has been employed prior to the effective date of this chapter and is subject to section 9058. See Maine Revised Statutes Title 22 Sec. 9053
  • 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
  • Guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:
  • 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.
  • Health care facility: includes a general and specialty hospital, an ambulatory surgical facility, an end-stage renal disease facility and an intermediate care facility for persons with intellectual disabilities or other developmental disabilities. See Maine Revised Statutes Title 22 Sec. 8752
  • Health care provider: means any appropriately licensed, certified or registered provider of mental or physical health care, either in the public or private sector or any business establishment providing health care services. See Maine Revised Statutes Title 5 Sec. 19201
  • Health care setting: means any location where there is provision of preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, services, procedures or counseling, including emergency services performed in the field, and appropriate assistance with disease or symptom management and maintenance that affects an individual's physical, mental or behavioral condition, including the process of banking blood, sperm, organs or any other tissue. See Maine Revised Statutes Title 5 Sec. 19201
  • Hearing loss: means a hearing loss of 30 decibels or more in the frequency region important for speech recognition and comprehension in one or both ears. See Maine Revised Statutes Title 22 Sec. 8822
  • HIV: means the human immunodeficiency virus, identified as the causative agent of Acquired Immune Deficiency Syndrome or AIDS. See Maine Revised Statutes Title 5 Sec. 19201
  • HIV infection: means the state wherein HIV has invaded the body and is being actively harbored by the body. See Maine Revised Statutes Title 5 Sec. 19201
  • HIV infection status: means the results of an HIV test. See Maine Revised Statutes Title 5 Sec. 19201
  • HIV test: means a test for the presence of an antibody to HIV or a test for an HIV antigen or other diagnostic determinants specific for HIV infection. See Maine Revised Statutes Title 5 Sec. 19201
  • Home health care provider: means an entity licensed pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • Homestead: means any residential property, including cooperative property, in this State assessed as real property owned by an applicant or held in a revocable living trust for the benefit of the applicant and occupied by the applicant as the applicant's permanent residence or owned by a cooperative housing corporation and occupied as a permanent residence by a resident who is a qualifying shareholder. See Maine Revised Statutes Title 36 Sec. 681
  • Hook: means a single fishhook constructed with one, 2 or 3 points. See Maine Revised Statutes Title 12 Sec. 10001
  • Hospice provider: means an entity licensed pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • hunt: 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
  • Immediate jeopardy: means a situation in which the provider's noncompliance with one or more conditions of participation in the federal Medicare program has caused, or is likely to cause, serious injury, harm or impairment to or death of a patient. See Maine Revised Statutes Title 22 Sec. 8752
  • 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.
  • Informed consent: means consent that is:  
  • A. See Maine Revised Statutes Title 5 Sec. 19201
  • 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
  • Intermediate care facility for individuals with intellectual disabilities: means a facility licensed pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • 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.
  • Intestate: Dying without leaving a will.
  • Inventory parts: includes repair parts, replacement parts, replacement equipment, additions, accessions and accessories on hand but not in service and stocks or inventories of repair parts, replacement parts, replacement equipment, additions, accessions and accessories on hand but not in service and other machinery and equipment on hand for future use but not in service if acquired after April 1, 2007, regardless of when placed in service. See Maine Revised Statutes Title 36 Sec. 691
  • 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
  • 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
  • Liquor operation revenue bond: means a bond, note or other evidence of indebtedness issued by the bond bank pursuant to this subchapter. See Maine Revised Statutes Title 30-A Sec. 6052
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • livable wage: means the statewide average livable wage for a 2-parent household with 2 earners and 2 children as reported by the Department of Labor in the most recent biennial report required pursuant to section 1406. See Maine Revised Statutes Title 26 Sec. 1-A
  • live birth: as used in this chapter , shall mean a product of conception after complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, which breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Maine Revised Statutes Title 22 Sec. 1595
  • Medicare or Medicaid beneficiary: means a person enrolled in the Medicare or Medicaid program. See Maine Revised Statutes Title 22 Sec. 9053
  • Mental health services facility or provider: means a facility or agency licensed pursuant to Title 34-B, section 1203-A. See Maine Revised Statutes Title 22 Sec. 9053
  • Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • 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
  • 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.
  • Municipal bond: means a bond or note or evidence of debt issued by a municipality and payable from taxes or from rates, charges or assessments, but does not include any bond or note or evidence of debt issued under Maine Revised Statutes Title 30-A Sec. 5903
  • Municipal legislative body: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal officers: shall mean the mayor and aldermen of cities, the selectmen of towns and the assessors of plantations. See Maine Revised Statutes Title 36 Sec. 501
  • Municipal officers: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal tax increment percentage: means , with respect to tax increment financing districts, the specified percentage of captured assessed value retained as provided in Maine Revised Statutes Title 36 Sec. 691
  • Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
  • Municipality: means a city or town, except as provided in Maine Revised Statutes Title 30-A Sec. 2001
  • neglect: refers to the definitions found in section 3472, subsections 1 and 11, and also incorporates exploitation, as defined in section 3472, subsection 9. See Maine Revised Statutes Title 22 Sec. 7701
  • 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.
  • Noncash proceeds: means proceeds other than cash proceeds. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001
  • Notes: means any notes of the bank issued under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903
  • Notice: means written notification served personally, sent by certified mail or sent by first-class mail to the last known address of the person for whom the notification is intended. See Maine Revised Statutes Title 36 Sec. 111
  • Nursing facility: means a facility licensed pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
  • Oath: A promise to tell the truth.
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a natural parent, stepparent, adoptive parent, legal guardian or other legal custodian of a child. See Maine Revised Statutes Title 22 Sec. 8822
  • 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.
  • percentage: means the percentage by weight. See Maine Revised Statutes Title 7 Sec. 742
  • Permanent residence: means that place where an individual has a true, fixed and permanent home and principal establishment to which the individual, whenever absent, has the intention of returning. See Maine Revised Statutes Title 36 Sec. 681
  • Person: means an individual, corporation, partnership or unincorporated association. See Maine Revised Statutes Title 22 Sec. 1551
  • Person: includes individual, partnership, association, firm and corporation. See Maine Revised Statutes Title 7 Sec. 742
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 14 Sec. 402
  • Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111
  • Person: means any natural person, firm, corporation, partnership or other organization, association or group, however organized. See Maine Revised Statutes Title 5 Sec. 19201
  • Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
  • Person who is culturally deaf: means a person with permanent hearing loss who identifies as a member of the deaf community and who utilizes American Sign Language as the primary mode of communication. See Maine Revised Statutes Title 22 Sec. 8822
  • Personal property: All property that is not real property.
  • Personally identifiable information: means information that permits the identity of an individual to whom the information applies to be able to be reasonably inferred or known by either direct or indirect means. See Maine Revised Statutes Title 22 Sec. 9053
  • Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Post-sentencing proceeding: means a court proceeding or administrative action occurring during the course of and pursuant to the operation of a sentence that affects whether there is incarceration or its length, including revocation of parole, failure to grant parole, an error of law in the computation of a sentence including administrative calculations of deductions relative to time detained pursuant to Title 17-A, section 2305 and default in payment of a fine or restitution. See Maine Revised Statutes Title 15 Sec. 2121
  • Primarily: means more than 50% of the time;  
  • (b) "Retail sales activity" means an activity associated with the selection and retail purchase of goods or rental of tangible personal property. See Maine Revised Statutes Title 36 Sec. 691
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeds: means the following property:  
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected individual: means a person who is in need of support, who is vulnerable to abuse, neglect and exploitation and who receives services offered by providers subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053
  • Provider: means a licensed, certified or registered entity that employs direct care workers to provide long-term care and in-home and community-based services under this chapter. See Maine Revised Statutes Title 22 Sec. 9053
  • 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 property: means tangible personal property that:  
    (1) Is used or held for use exclusively for a business purpose by the person in possession of it or, in the case of construction in progress or inventory parts, is intended to be used exclusively for a business purpose by the person who will possess that property; and  
    (2) Either:  
    (a) Was subject to an allowance for depreciation under the Code on April 1st of the property tax year for which a claim for exemption under this subchapter is filed or would have been subject to an allowance for depreciation under the Code as of that date but for the fact that the property has been fully depreciated; or  
    (b) In the case of construction in progress or inventory parts, would be subject under the Code to an allowance for depreciation when placed in service or would have been subject to an allowance for depreciation under the Code as of that date but for the fact that the property has been fully depreciated. See Maine Revised Statutes Title 36 Sec. 691
  • Rap back monitoring program: means a coordinated system used by federal and state agencies to monitor and generate reports for new criminal record events appearing subsequent to an initial background check pursuant to section 9056. See Maine Revised Statutes Title 22 Sec. 9053
  • 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.
  • 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
  • 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
  • Registrant: means the person who registers commercial fertilizer under this subchapter. See Maine Revised Statutes Title 7 Sec. 742
  • 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.
  • Reserve fund: means the Maine Municipal Bond Bank Reserve Fund created or established as provided in section 6006. See Maine Revised Statutes Title 30-A Sec. 5903
  • 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. 10001
  • Residential care facility: means a residential care facility licensed pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail establishment: means a place of business open to the general public for the sale of goods or services. See Maine Revised Statutes Title 22 Sec. 1671
  • Retail sales facility: means a structure used to serve customers who are physically present at the facility for the purpose of selection and retail purchase of goods or rental of tangible personal property. See Maine Revised Statutes Title 36 Sec. 691
  • Revenues: means all fees, charges, money, profits, payments of principal of or interest on municipal securities and other investments, gifts, grants, contributions, appropriations and all other income derived or to be derived by the bank under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903
  • Revolving loan fund: means that revolving loan fund created under section 6006-A. See Maine Revised Statutes Title 30-A Sec. 5903
  • 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
  • Security agreement: means an agreement that creates or provides for a security interest. See Maine Revised Statutes Title 11 Sec. 9-1102
  • Sentence: means the punishment imposed in a criminal proceeding or the disposition imposed in a juvenile proceeding. See Maine Revised Statutes Title 15 Sec. 2121
  • Sentinel event: means :  
  • A. See Maine Revised Statutes Title 22 Sec. 8752
  • 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
  • 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
  • Sewers: means and includes mains, pipes and laterals for the reception of sewage and carrying that sewage to an outfall or some part of a sewage disposal system, including pumping stations. See Maine Revised Statutes Title 30-A Sec. 2001
  • Shopping center: means any building or facility containing 6 or more separate retail establishments that are planned, developed, owned or managed as a unit, with an off-street public parking area of not less than 2 acres. See Maine Revised Statutes Title 22 Sec. 1671
  • 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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 14 Sec. 402
  • State DNA data bank: means the repository of DNA samples maintained by the Chief of the State Police at the crime lab collected pursuant to chapter 194 and this chapter. See Maine Revised Statutes Title 15 Sec. 2136
  • State DNA data base: means the DNA identification record system administered by the Chief of the State Police. See Maine Revised Statutes Title 15 Sec. 2136
  • Statewide AIDS alliance: means a statewide coalition of community-based AIDS organizations having at least one representative from each member organization. See Maine Revised Statutes Title 5 Sec. 19251
  • Statute: A law passed by a legislature.
  • Subpoena: means a document, however denominated, issued under authority of a court of record requiring a person to:  
  • A. See Maine Revised Statutes Title 14 Sec. 402
  • Subpoena: A command to a witness to appear and give testimony.
  • Supervision: means a supervisor is physically present and immediately able to respond to the needs of protected individuals through an ongoing and verifiable process for the duration of conditional employment. See Maine Revised Statutes Title 22 Sec. 9053
  • Suppliers of compressed air: means any organization, agency, individual, firm, partnership or corporation that provides compressed air to be used in self-contained breathing apparatus. See Maine Revised Statutes Title 22 Sec. 1582
  • Swimming pool: means an outdoor artificial receptacle or other container, whether in or above the ground, used or intended to be used to contain water for swimming or bathing and designed for a water depth of 24 inches or more. See Maine Revised Statutes Title 22 Sec. 1631
  • System: means the Employee Suggestion System established in subsection 2. See Maine Revised Statutes Title 5 Sec. 651
  • Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111
  • Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501
  • Taxpayer: means any person required to file a return under this Title or to pay, withhold and pay over or collect and pay over any tax imposed by this Title. See Maine Revised Statutes Title 36 Sec. 111
  • Temporary nurse agency: means an agency registered pursuant to Maine Revised Statutes Title 22 Sec. 9053
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Termination statement: means an amendment of a financing statement that:  
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Testator: A male person who leaves a will at death.
  • Tester of compressed air: means any organization, agency, individual, firm, partnership or corporation that is recognized by the department as qualified to inspect and test suppliers of compressed air. See Maine Revised Statutes Title 22 Sec. 1582
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • TIF exempt business equipment: means exempt business equipment that is located within a tax increment financing district. See Maine Revised Statutes Title 36 Sec. 691
  • 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
  • Transmitting utility: means a person primarily engaged in the business of:  
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • treatment: includes , but is not limited to, audiological, medical or early educational services that provide a choice of methods of communication in a variety of sensory modalities. See Maine Revised Statutes Title 22 Sec. 8822
  • 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
  • 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
  • Unpackaged biosolids: means biosolids distributed in a loose, unpackaged form in an unsealed container, including, but not limited to, a tote bag, tote tank, bin, tank, trailer, spreader truck, railcar and pickup truck bed or other container provided by the final user solely for transport of the material. See Maine Revised Statutes Title 7 Sec. 742
  • used: means "intended to be used. See Maine Revised Statutes Title 36 Sec. 691
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • 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
  • Vending machine: means any automated, self-service device that upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product. See Maine Revised Statutes Title 22 Sec. 1551
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Waiver: means an exemption granted by the department to a specific individual who is banned from employment as a direct access worker for a disqualifying offense. See Maine Revised Statutes Title 22 Sec. 9053
  • 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
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.