Maine Revised Statutes > Title 14 > Part 2 – Proceedings Before Trial
Current as of: 2023 | Check for updates
|
Other versions
| Sections | ||
|---|---|---|
| Chapter 201 | Venue | 501 – 510 |
| Chapter 203 | Process | 551 – 713 |
| Chapter 205 | Limitation of Actions | 751 – 871 |
Terms Used In Maine Revised Statutes > Title 14 > Part 2 - Proceedings Before Trial
- Act: means the Animal Welfare Act. See Maine Revised Statutes Title 7 Sec. 3907
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliated business: means 2 businesses exhibiting either of the following relationships:
A. See Maine Revised Statutes Title 30-A Sec. 5241Affiliated business: means a member of a group of 2 or more businesses in which more than 50% of the voting stock of each member corporation or more than 50% of the ownership interest in a business other than a corporation is directly or indirectly owned by a common owner or owners, either corporate or noncorporate, or by one or more of the member businesses. See Maine Revised Statutes Title 30-A Sec. 5250-I Affiliated group: means a designated business and its corresponding affiliated businesses. See Maine Revised Statutes Title 30-A Sec. 5241 Affordable housing: means a decent, safe and sanitary dwelling, apartment or other living accommodation for a household whose income does not exceed 120% 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. 5246 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. Amenities: means items of street furniture, signs and landscaping, including, but not limited to, plantings, benches, trash receptacles, street signs, sidewalks and pedestrian malls. See Maine Revised Statutes Title 30-A Sec. 5246 Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 7 Sec. 3907 Animal control: means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948. See Maine Revised Statutes Title 7 Sec. 3907 Animal control officer: means the person appointed periodically by a municipality pursuant to chapter 725. See Maine Revised Statutes Title 7 Sec. 3907 Animal shelter: means a:
A. See Maine Revised Statutes Title 7 Sec. 3907Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appraisal: A determination of property value. 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 Assessment: means an evaluation of a prospective placement to determine whether the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being and mental, emotional and physical development. See Maine Revised Statutes Title 22 Sec. 4252 Association: means an organization:
A. See Maine Revised Statutes Title 5 Sec. 2002Association: means any corporation organized under this chapter. See Maine Revised Statutes Title 13 Sec. 2003 At large: means off the premises of the owner and not under the control of any person whose personal presence and attention would reasonably control the conduct of the animal. See Maine Revised Statutes Title 7 Sec. 3907 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. auction: means the offering of cattle, sheep, swine, goats, equines, domesticated cervids, poultry and other animals raised for food or fiber for sale by means of exchanges between an auctioneer and bidders. See Maine Revised Statutes Title 7 Sec. 1452 Authority: means the Maine State Housing Authority. See Maine Revised Statutes Title 30-A Sec. 5246 Authorized agent: means employees of the department, veterinarians licensed by the State to practice veterinary medicine while performing official duties for the department, employees of the Animal and Plant Health Inspection Service of the United States Department of Agriculture, or other persons designated by the commissioner. See Maine Revised Statutes Title 7 Sec. 1751 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Base level of employment: means the greater of either the total employment in the State of a business as of March 31st, June 30th, September 30th and December 31st of the calendar year immediately preceding the year of the business's application to become a certified Pine Tree Development Zone business divided by 4 or its average employment during the base period. See Maine Revised Statutes Title 30-A Sec. 5250-I Base period: means the 3 calendar years preceding the calendar year in which an application for approval of a state tax increment financing district is submitted to the commissioner by a municipality. See Maine Revised Statutes Title 30-A Sec. 5241 Base period: means the 3 calendar years prior to the year in which a business applies to be certified as a qualified Pine Tree Development Zone business. See Maine Revised Statutes Title 30-A Sec. 5250-I Bonds: means any bonds, notes, interim certificates, debentures or other obligations issued by an authority under this chapter. See Maine Revised Statutes Title 30-A Sec. 4702 Bonds: means bonds of the bank issued under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903 Call center: means a business enterprise that employs 50 or more full-time employees for the purpose of customer service. See Maine Revised Statutes Title 30-A Sec. 5250-I 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 Captured assessed value: means the amount, as a percentage or stated sum, of increased assessed value that is utilized from year to year to finance the project costs contained within the development program. See Maine Revised Statutes Title 30-A Sec. 5222 Captured assessed value: means the amount, as a percentage or stated sum, of increased assessed value that is utilized from year to year to finance the project costs contained within the development program. See Maine Revised Statutes Title 30-A Sec. 5241 Captured assessed value: means the amount, as a percentage or stated sum, of increased assessed value that is utilized from year to year to finance the project costs contained within the affordable housing development program. See Maine Revised Statutes Title 30-A Sec. 5246 Carrier: means a health maintenance organization, an insurer, a nonprofit hospital, a medical service corporation or any other entity responsible for the payment of benefits or provision of services under a group contract. See Maine Revised Statutes Title 24-A Sec. 4202-A Catastrophic occurrence: means a fire, flood, hurricane, windstorm, earthquake or other similar event that is not within the control of a business to prevent. See Maine Revised Statutes Title 30-A Sec. 5250-I Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. certified seed: as used in this Title shall be deemed to mean potato, vegetable, forage crop or grain seeds as shall have been grown and prepared for sale in accordance with regulations laid down by the commissioner and for which a certificate or tag has been issued as provided in section 2103. See Maine Revised Statutes Title 7 Sec. 2101 Cervid: means a member of the cervidae family and hybrids, including deer, elk, caribou, reindeer and related species, specified by the commissioner by rule with the written concurrence of the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 7 Sec. 1333 Chief Information Officer: means the person who holds the lead information technology position within the executive branch that directs, coordinates and oversees information technology policy making, planning, architecture and standardization. See Maine Revised Statutes Title 5 Sec. 1972 Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252 Commercial large game shooting area: means an enclosed area in which large game are kept and a fee is charged to pursue and kill or pursue and attempt to kill large game. See Maine Revised Statutes Title 7 Sec. 1341 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 the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 3907 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 1972 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 1302 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 1751 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 30-A Sec. 5222 Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 30-A Sec. 5241 Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 30-A Sec. 5250-I Committee: means the Revenue Forecasting Committee established in Title 5, section 1710?E. See Maine Revised Statutes Title 30-A Sec. 5241 Companion animal: means a cat or dog. See Maine Revised Statutes Title 7 Sec. 3907 Constable: means a law enforcement officer appointed by municipal officers pursuant to law. See Maine Revised Statutes Title 7 Sec. 3907 Continuance: Putting off of a hearing ot trial until a later time. Copayment: means an amount an enrollee must pay in order to receive a specific service that is not fully prepaid. See Maine Revised Statutes Title 24-A Sec. 4202-A 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. Counterclaim: A claim that a defendant makes against a plaintiff. Current assessed value: means the assessed value of the district certified by the municipal assessor as of April 1st of each year that the affordable housing development district remains in effect. See Maine Revised Statutes Title 30-A Sec. 5246 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dangerous dog: means a dog or wolf hybrid that causes the death of or inflicts serious bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury or death; a dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear imminent serious bodily injury by assaulting or threatening to assault that individual or individual's domesticated animal; or a dog or wolf hybrid that inflicts bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury and has previously been determined by a court of competent jurisdiction to be a nuisance dog. See Maine Revised Statutes Title 7 Sec. 3907 Data custodian: means a federal data custodian, state data custodian or nonstate data custodian. See Maine Revised Statutes Title 5 Sec. 2002 Decedent: A deceased person. Deductible: means the amount an enrollee is responsible to pay out of pocket before a health maintenance organization begins to pay the costs associated with treatment. See Maine Revised Statutes Title 24-A Sec. 4202-A Deed: The legal instrument used to transfer title in real property from one person to another. Default: means the failure of a member state to perform the obligations or responsibilities imposed upon it by this chapter or the bylaws or rules of the interstate commission. See Maine Revised Statutes Title 22 Sec. 4252 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 30-A Sec. 5222 Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 30-A Sec. 5250-I Dependent: A person dependent for support upon another. Designated business: means a business located within the boundaries of a development district and designated by the municipality as a "designated business" for purposes of state tax increment financing. See Maine Revised Statutes Title 30-A Sec. 5241 Development district: means a specified area within the corporate limits of a municipality or plantation that has been designated as provided under sections 5223 and 5226 and that is to be developed under a development program. See Maine Revised Statutes Title 30-A Sec. 5222 Development district: means a specified area within the corporate limits of a municipality that has been designated as provided under section 5226 and that is to be developed by the municipality under a development program. See Maine Revised Statutes Title 30-A Sec. 5241 Development program: means a statement of means and objectives designed to provide new employment opportunities, retain existing employment, improve or broaden the tax base, construct or improve the physical facilities and structures or improve the quality of pedestrian and vehicular transportation, as described in section 5224, subsection 2. See Maine Revised Statutes Title 30-A Sec. 5222 Development program: means a statement of means and objectives designed to provide new employment opportunities, retain existing employment, improve or broaden the tax base and improve the physical facilities and structures or the quality of pedestrian and vehicular transportation, as described in section 5224. See Maine Revised Statutes Title 30-A Sec. 5241 Director: means the Director of the Maine State Housing Authority. See Maine Revised Statutes Title 30-A Sec. 5246 Discrepancy: means an instance in which a holder of a license under subsection 2 has failed to comply with a requirement under this Part. See Maine Revised Statutes Title 7 Sec. 1333 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: district: means a specified area within the corporate limits of a municipality that has been designated as provided under sections 5247 and 5250 to be developed under an affordable housing development program and financed under section 5250?A. See Maine Revised Statutes Title 30-A Sec. 5246 Dog: means a member of the genus and species known as canis familiaris, except that in chapters 720, 721, 725, 727, 729 and 739 "dog" means a member of the genus and species known as canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris with a wolf hybrid. See Maine Revised Statutes Title 7 Sec. 3907 Domestic animals: means cattle, equines, goats, sheep, swine, cats, dogs, domesticated cervids or other domesticated animals; large game as defined in section 1341, subsection 5; and poultry. See Maine Revised Statutes Title 7 Sec. 1751 Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Domesticated bison: means the genus and species Bison bison. See Maine Revised Statutes Title 7 Sec. 1341 Domesticated boar: means a member of a species of Sus scrofa commonly known as the Eurasian boar or Wild Russian boar. See Maine Revised Statutes Title 7 Sec. 1341 Donor: The person who makes a gift. Downtown: means :
A. See Maine Revised Statutes Title 30-A Sec. 5903Downtown improvement: includes facade, utility relocation or extension, historic preservation and parking and road improvement; elevator, sprinkler system and traffic control devices installation; purchase of development rights for a park or open space and construction of park and open space amenities; and public toilet, streetscape, sidewalk and curb installation or upgrade. See Maine Revised Statutes Title 30-A Sec. 5903 Elderly: means a person or family as defined in the United States Housing Act of 1937, Public Law 75-412, 50 Stat. See Maine Revised Statutes Title 30-A Sec. 4702 Enrollee: means an individual who is enrolled in a health maintenance organization. See Maine Revised Statutes Title 24-A Sec. 4202-A 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. Equipment purchases: means the purchase of new or updated equipment and any capital improvements necessary to use the new or updated equipment by career and technical education centers or career and technical education regions. See Maine Revised Statutes Title 30-A Sec. 5903 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. 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. Executor: A male person named in a will to carry out the decedent Experiential tourism: means tourism that allows individuals to be active participants in outdoor recreational activities including but not limited to: hiking, camping, birding and other wildlife viewing, nature photography, visits to historical and cultural sites and museums, nature tourism, adventure tourism and ecotourism. See Maine Revised Statutes Title 30-A Sec. 5250-I Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Farmland: means any tract or tracts of land used for commercial farming:
A. See Maine Revised Statutes Title 7 Sec. 52Federal data custodian: means any branch, agency or instrumentality of the Federal Government. See Maine Revised Statutes Title 5 Sec. 2002 Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001 Financial institution: means any bank or trust company, savings bank, savings and loan association, industrial bank, national banking association, federal savings and loan association, mortgage banker, credit union or other such institution authorized to do business in the State, or a government agency which customarily provides service or otherwise aids in the financing of mortgage loans. See Maine Revised Statutes Title 30-A Sec. 4702 Financial plan: means a statement of the project costs and sources of revenue required to accomplish the development program. See Maine Revised Statutes Title 30-A Sec. 5222 Financial plan: means a statement of the project costs and sources of revenue required to accomplish the development program. See Maine Revised Statutes Title 30-A Sec. 5241 Financial plan: means a statement of the project costs and sources of revenue required to accomplish the affordable housing development program. See Maine Revised Statutes Title 30-A Sec. 5246 Financial services: means services provided by an insurance company subject to taxation under Title 36, chapter 357; a captive insurance company formed or licensed under Title 24?A, chapter 83; a financial institution subject to taxation under Title 36, chapter 819; or a mutual fund service provider. See Maine Revised Statutes Title 30-A Sec. 5250-I 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. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC 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 Funded debt: means an obligation for the payment of which some fund is set aside. See Maine Revised Statutes Title 30-A Sec. 2001 General fund: means the fund created or established as provided in section 6007. See Maine Revised Statutes Title 30-A Sec. 5903 Geographic information board: means the Maine Library of Geographic Information Board. See Maine Revised Statutes Title 5 Sec. 2002 GIS: means a computer system capable of assembling, storing, manipulating, analyzing and displaying information identified according to locations. See Maine Revised Statutes Title 5 Sec. 2002 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 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 Gross state tax increment: means the difference, if any, between the sales and income tax revenues attributable to the state tax increment financing district for the current period and the sales and income tax revenues attributable to the state tax increment financing district for the base period. See Maine Revised Statutes Title 30-A Sec. 5241 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Health care services: means any services included in the furnishing of medical care, dental care or hospitalization to an individual, or any services incident to the furnishing of that care or hospitalization, as well as the furnishing of any other services to an individual to prevent, alleviate, cure or heal human illness or injury. See Maine Revised Statutes Title 24-A Sec. 4202-A 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 maintenance organization: means a public or private organization that is organized under the laws of the Federal Government, this State, another state or the District of Columbia or a component of such an organization, and that:
A. See Maine Revised Statutes Title 24-A Sec. 4202-AHearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Home improvement note: means an interest bearing obligation, secured in whole or in part by a mortgage, insurance or otherwise as may be agreed upon by the Maine State Housing Authority from time to time, made to improve or rehabilitate single-family or multi-unit residential housing in the State, including, without limitation, the replacement, removal or rehabilitation of malfunctioning waste water treatment systems. See Maine Revised Statutes Title 30-A Sec. 4702 housing authority: means any of the public corporations created or authorized to be created by this chapter. See Maine Revised Statutes Title 30-A Sec. 4702 Humane agent: means an employee of the department who assists in enforcing this Part. See Maine Revised Statutes Title 7 Sec. 3907 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 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Increased assessed value: means the valuation amount by which the current assessed value of a tax increment financing district exceeds the original assessed value of the district. See Maine Revised Statutes Title 30-A Sec. 5222 Increased assessed value: means the valuation amount by which the current assessed value of an affordable housing development district exceeds the original assessed value of the district. See Maine Revised Statutes Title 30-A Sec. 5246 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Indian tribe: means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska native village as defined in Section 3(c) of the Alaska Native Claims Settlement Act, 43 United States Code § 1602(c). See Maine Revised Statutes Title 22 Sec. 4252 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72 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 interstate commission: means the commission that is created under section 4258. See Maine Revised Statutes Title 22 Sec. 4252 Jurisdiction: means the power and authority of a court to hear and decide matters. See Maine Revised Statutes Title 22 Sec. 4252 Keeper: means a person in possession or control of a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 Labor market average weekly wage: means the average weekly wage as published by the Department of Labor for the labor market or markets in which potential qualified Pine Tree Development Zone employees are located for the 12 most recently reported months preceding the date of application. See Maine Revised Statutes Title 30-A Sec. 5250-I Labor market unemployment rate: means the average unemployment rate as published by the Department of Labor for the labor market or markets in which potential qualified Pine Tree Development Zone employees are located for the 12 most recently reported months preceding the date of application. See Maine Revised Statutes Title 30-A Sec. 5250-I Large game: means domesticated cervids, domesticated boar and domesticated bison. See Maine Revised Statutes Title 7 Sec. 1341 Law enforcement officer: means any person who, by virtue of the person's public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 7 Sec. 3907 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. library: means the statewide network created pursuant to this subchapter by which data custodians or their designees organize and catalog public geographic information and provide access to that information to all levels of government and to the public. See Maine Revised Statutes Title 5 Sec. 2002 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Livestock: means cattle; equines; sheep; goats; swine; domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama and genus vicugna; bison; and ratites. See Maine Revised Statutes Title 7 Sec. 3907 Maintenance and operation: means all activities necessary to maintain facilities after they have been developed and all activities necessary to operate the facilities, including, but not limited to, informational, promotional and educational programs and safety and surveillance activities. See Maine Revised Statutes Title 30-A Sec. 5222 Maintenance and operation: means all activities necessary to maintain affordable housing after development and all activities necessary to operate the affordable housing, including, but not limited to, informational, promotional, safety and surveillance activities. See Maine Revised Statutes Title 30-A Sec. 5246 Manufacturing: means :
A. See Maine Revised Statutes Title 30-A Sec. 5250-IMarket area: means a geographic region exclusive of a state tax increment financing district that will be affected by the operation of the district. See Maine Revised Statutes Title 30-A Sec. 5241 Median household income: means the income computed based on the most current census information available, as provided by the State Economist. See Maine Revised Statutes Title 30-A Sec. 5903 Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See Maine Revised Statutes Title 13 Sec. 2003 Member state: means a state that has enacted this compact. See Maine Revised Statutes Title 22 Sec. 4252 Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001 Military redevelopment zone: means a specified area within a municipality that is contained within a labor market that includes a military facility that sustained a loss of 400 or more employed workers, if the loss was caused by a federal military facility closure or downsizing, during the 5-year period immediately preceding the time of application for designation as a military redevelopment zone, or is projected to sustain a loss of 400 or more employed workers during the 5-year period immediately following the time of application, and has been designated by the commissioner as a military redevelopment zone under section 5250?J, subsection 3?A. See Maine Revised Statutes Title 30-A Sec. 5250-I Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 mortgage: means :
A. See Maine Revised Statutes Title 30-A Sec. 4702Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. municipal authority: means any of the public corporations authorized to be created by section 4721. See Maine Revised Statutes Title 30-A Sec. 4702 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 chapter 213 or Title 10, chapter 110, subchapter IV. See Maine Revised Statutes Title 30-A Sec. 5903 Municipal bond insurance fund: means any fund or funds established by the bank to provide reserves to insure payment of any state or municipal issuance of debt, pursuant to a bond insurance program established by the bank. See Maine Revised Statutes Title 30-A Sec. 5903 municipal clerk: means the clerk of a municipality, the deputy clerk or assistant clerk, where directed by the clerk, carrying out the duties of this Part. See Maine Revised Statutes Title 7 Sec. 3907 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal official: means any elected or appointed member of a municipal government. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal security: means a bond or note or evidence of debt issued by a governmental unit and payable from taxes or from rates, charges or assessments, but does not include any bond or note or evidence of debt issued under chapter 213 or Title 10, chapter 110, subchapter IV. See Maine Revised Statutes Title 30-A Sec. 5903 Municipal year: means a municipality's fiscal year as determined by the municipal officers under section 5651. See Maine Revised Statutes Title 30-A Sec. 2001 Municipality: means an organized city, town or plantation. See Maine Revised Statutes Title 7 Sec. 3907 Municipality: means :
A. See Maine Revised Statutes Title 30-A Sec. 5903Mutual fund service provider: means a taxpayer, as defined in Title 36, section 111, subsection 7, subject to tax under Title 36, Part 8 other than a financial institution as defined in Title 36, section 5206?D, subsection 8, that derives more than 50% of its gross income from the direct or indirect provision of management, distribution or administration services to or on behalf of a regulated investment company or from trustees, sponsors and participants of employee benefit plans that have accounts in a regulated investment company. See Maine Revised Statutes Title 30-A Sec. 5250-I NCQA accreditation survey report: means the unpublished, detailed survey report to a health maintenance organization by the National Committee for Quality Assurance upon completion of NCQA's accreditation survey of the health maintenance organization. See Maine Revised Statutes Title 24-A Sec. 4202-A Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Nonstate data custodian: means any agency or instrumentality of a political subdivision of the State. See Maine Revised Statutes Title 5 Sec. 2002 Notes: means any notes of the bank issued under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903 Nuisance dog: means a dog or wolf hybrid that causes bodily injury, other than serious bodily injury, to an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner's or keeper's premises at the time of the injury; a dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner's or keeper's premises and is acting in a reasonable and nonaggressive manner to fear bodily injury, other than serious bodily injury, by assaulting or threatening to assault that individual or individual's domesticated animal; or a dog or wolf hybrid that causes damage to property or crops not owned by the dog or wolf hybrid owner or keeper while the dog or wolf hybrid is not on the owner's or keeper's premises. See Maine Revised Statutes Title 7 Sec. 3907 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. obligee: includes :
A. See Maine Revised Statutes Title 30-A Sec. 4702Office: means the Office of Information Technology. See Maine Revised Statutes Title 5 Sec. 1972 Open areas: means any space or area the preservation or restriction of the use of which would:
A. See Maine Revised Statutes Title 30-A Sec. 2001Original assessed value: means the assessed value of a development district as of March 31st of the tax year preceding the year in which it was designated and, for development districts designated on or after April 1, 2014, "original assessed value" means the taxable assessed value of a development district as of March 31st of the tax year preceding the year in which it was designated by the legislative body of a municipality or a plantation. See Maine Revised Statutes Title 30-A Sec. 5222 Original assessed value: means the assessed value of an affordable housing development district as of March 31st of the tax year preceding the year in which it was designated, and, for affordable housing development districts designated on or after April 1, 2014, "original assessed value" means the taxable assessed value of an affordable housing development district as of March 31st of the tax year preceding the year in which it was designated by the municipality or plantation. See Maine Revised Statutes Title 30-A Sec. 5246 Owner: means a person owning, keeping or harboring a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 Parcel: means a contiguous tract of land. See Maine Revised Statutes Title 7 Sec. 1341 parcel: includes an entire unit of real estate notwithstanding the fact that it is divided by a road, way, railroad or pipeline. See Maine Revised Statutes Title 30-A Sec. 5250-I Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 7 Sec. 3907 Person: means an individual, partnership, corporation or other legal entity. See Maine Revised Statutes Title 7 Sec. 1341 Person: shall mean the State, any municipality, political subdivision, institution, public or private corporation, individual, partnership or other entity. See Maine Revised Statutes Title 7 Sec. 1751 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual, firm, partnership, corporation, association, syndicate, organization, society, business trust, attorney-in-fact or any legal entity. See Maine Revised Statutes Title 24-A Sec. 4202-A Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Persons of low income: means persons or families, elderly or otherwise, who lack the income which is necessary, as determined by a housing authority, to enable them, without financial assistance, to live in or purchase decent, safe and sanitary dwellings, without overcrowding. See Maine Revised Statutes Title 30-A Sec. 4702 Pine Tree Development Zone benefits: means :
A. See Maine Revised Statutes Title 30-A Sec. 5250-IPlacement: means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state. See Maine Revised Statutes Title 22 Sec. 4252 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. Poultry: means all domesticated birds. See Maine Revised Statutes Title 7 Sec. 1751 Private child placing agency: means any private corporation, agency, foundation, institution or charitable organization or any private person or attorney that facilitates, causes or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law. See Maine Revised Statutes Title 22 Sec. 4252 program: means a statement of means and objectives designed to encourage the development and maintenance of affordable housing within an affordable housing development district. See Maine Revised Statutes Title 30-A Sec. 5246 Project costs: means any expenditures or monetary obligations incurred or expected to be incurred that are authorized by section 5225, subsection 1 and included in a development program. See Maine Revised Statutes Title 30-A Sec. 5222 Project costs: means any expenditures or monetary obligations incurred or expected to be incurred that are authorized by section 5225, subsection 1 and included in a development program. See Maine Revised Statutes Title 30-A Sec. 5241 Project costs: means any expenditures or monetary obligations incurred or expected to be incurred that are authorized by section 5249, subsection 1 and included in an affordable housing development program. See Maine Revised Statutes Title 30-A Sec. 5246 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Provider: means a physician, hospital or person that is licensed or otherwise authorized in this State to furnish health care services. See Maine Revised Statutes Title 24-A Sec. 4202-A Provisional placement: means that the receiving state has determined that the proposed placement is safe and suitable and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. See Maine Revised Statutes Title 22 Sec. 4252 Public child placing agency: means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether it acts on behalf of a state, county, municipality or other governmental unit and that facilitates, causes or is involved in the placement of a child from one state to another. See Maine Revised Statutes Title 22 Sec. 4252 Public geographic information: means public information that is referenced to a physical location. See Maine Revised Statutes Title 5 Sec. 2002 Public information: means information that is stored, gathered, generated, maintained or financed by a data custodian. See Maine Revised Statutes Title 5 Sec. 2002 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public service infrastructure: means those facilities that are essential for public health, welfare and safety. See Maine Revised Statutes Title 30-A Sec. 5903 qualified business: means any for-profit business in this State engaged in or that will engage in financial services, manufacturing or a targeted technology business that has added or will add at least one qualified Pine Tree Development Zone employee above its base level of employment in this State and that meets the following criteria:
A. See Maine Revised Statutes Title 30-A Sec. 5250-IQualified business activity: means a business activity that is conducted within a Pine Tree Development Zone and is directly related to financial services, manufacturing or a targeted technology business for which the business receives a letter of certification from the commissioner pursuant to section 5250?O. See Maine Revised Statutes Title 30-A Sec. 5250-I qualified Pine Tree Development Zone employees: means new, full-time employees hired in this State by a qualified Pine Tree Development Zone business for work directly in one or more qualified business activities for whom a retirement program subject to the Employee Retirement Income Security Act of 1974, 29 United States Code §§ 101 to 1461, as amended, and group health insurance are provided and whose income derived from employment within the Pine Tree Development Zone, calculated on a calendar year basis, is greater than the most recent annual per capita personal income in the county in which the qualified employee is employed. See Maine Revised Statutes Title 30-A Sec. 5250-I Quarterly census of employment and wages: means the comprehensive tabulation of employment and wage information for workers produced by the quarterly census of employment and wages program, a cooperative program involving the federal Department of Labor, Bureau of Labor Statistics and the state employment security agencies. See Maine Revised Statutes Title 30-A Sec. 5250-I Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Receiving state: means the state to which a child is sent, brought or caused to be sent or brought. See Maine Revised Statutes Title 22 Sec. 4252 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 Relative: means someone who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle or first cousin or a nonrelative with such significant ties to the child that the nonrelative may be regarded as a relative as determined by the court in the sending state. See Maine Revised Statutes Title 22 Sec. 4252 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. Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Required debt service reserve: means the amount required to be on deposit in the reserve fund as prescribed by section 6006, subsection 1. See Maine Revised Statutes Title 30-A Sec. 5903 Required minimum reserve: means the amount required to be on deposit in a capital reserve fund as prescribed by section 6006, subsection 1?A. See Maine Revised Statutes Title 30-A Sec. 5903 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. 10001Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 Rule: means a written directive, mandate, standard or principle issued by the interstate commission adopted pursuant to section 4261 that is of general applicability and that implements, interprets or prescribes a policy or provision of this chapter. See Maine Revised Statutes Title 22 Sec. 4252 Select board: means the members of the select board of the town or, if the town has no select board, the officers charged with the duties customarily imposed on the select board of a town. See Maine Revised Statutes Title 30-A Sec. 4702 Semiautonomous state agency: means an agency created by an act of the Legislature that is not a part of the Executive Department. See Maine Revised Statutes Title 5 Sec. 1972 Sending state: means the state from which the placement of a child is initiated. See Maine Revised Statutes Title 22 Sec. 4252 Service of process: The service of writs or summonses to the appropriate party. 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 Shooting zone: means an area within a parcel that is enclosed to contain one or more species of large game. See Maine Revised Statutes Title 7 Sec. 1341 single-family or multi-unit residential housing: means any work or undertaking:
A. See Maine Revised Statutes Title 30-A Sec. 4702Sinking fund: means a fund created for the purpose of paying a debt. See Maine Revised Statutes Title 30-A Sec. 2001 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other territory of the United States. See Maine Revised Statutes Title 22 Sec. 4252 State average weekly wage: means the average weekly wage as published by the Department of Labor for the State as a whole for the 12 most recently reported months preceding the date of application. See Maine Revised Statutes Title 30-A Sec. 5250-I State court: means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252 State data custodian: means any branch, agency or instrumentality of State Government. See Maine Revised Statutes Title 5 Sec. 2002 State funds: means bond revenues and General Fund money appropriated by the Legislature for the purposes of this chapter. See Maine Revised Statutes Title 5 Sec. 2002 State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72 State public body: means any city, town, district or other political subdivision of the State. See Maine Revised Statutes Title 30-A Sec. 4702 State tax increment: means the net annual gain, if any, in sales tax paid as a result of taxable events occurring within a state tax increment financing district and the net annual gain, if any, in state income taxes withheld as a result of wages paid for labor performed within the district. See Maine Revised Statutes Title 30-A Sec. 5241 State tax increment financing district: means a type of tax increment financing district, or portion of a district, that uses state tax increment financing under section 5242. See Maine Revised Statutes Title 30-A Sec. 5241 State unemployment rate: means the average unemployment rate published by the Department of Labor for the State as a whole for the 12 most recently reported months preceding the date of application. See Maine Revised Statutes Title 30-A Sec. 5250-I Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Stray: means off the owner's premises and not under the control of a person. See Maine Revised Statutes Title 7 Sec. 3907 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 4202-A Supervision: means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this chapter. See Maine Revised Statutes Title 22 Sec. 4252 Targeted technology business: means a business primarily involved in a targeted technology as defined in Title 5, section 15301. See Maine Revised Statutes Title 30-A Sec. 5250-I Tax increment: means real and personal property taxes assessed by a municipality or plantation, in excess of any state, county or special district tax, upon the increased assessed value of property in the development district. See Maine Revised Statutes Title 30-A Sec. 5222 Tax increment: means real property taxes assessed by a municipality, in excess of any state, county or special district tax, upon the increased assessed value of property in the affordable housing development district. See Maine Revised Statutes Title 30-A Sec. 5246 Tax increment financing district: means a type of development district, or portion of a district, that uses tax increment financing under section 5227. See Maine Revised Statutes Title 30-A Sec. 5222 Tax increment financing district: means a type of development district, or portion of a district, that uses tax increment financing under section 5227. See Maine Revised Statutes Title 30-A Sec. 5241 Tax shifts: means the effect on a municipality's state revenue sharing, education subsidies and county tax obligations that results from the designation of an affordable housing development district and the capture of increased assessed value. See Maine Revised Statutes Title 30-A Sec. 5246 Tax year: means the period of time beginning on April 1st and ending on the succeeding March 31st. See Maine Revised Statutes Title 30-A Sec. 5246 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. Unit of local government: means a municipality, county, plantation, unorganized territory or Indian tribe. See Maine Revised Statutes Title 30-A Sec. 5250-I Uphold: The decision of an appellate court not to reverse a lower court decision. 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 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Vertebrate: means a subphylum of chordate animals comprising those having a brain enclosed in a skull or cranium and a segmented spinal column, including mammals, birds, reptiles, amphibians and fish. See Maine Revised Statutes Title 7 Sec. 3907 Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Water utility: means an entity as defined in Title 35?A, section 102, subsection 22. See Maine Revised Statutes Title 30-A Sec. 5903 Working waterfront: means a parcel of land abutting water subject to tidal influence or land located in the intertidal zone that is used primarily or predominantly to provide access to or support the conduct of commercial fishing and marine activities. See Maine Revised Statutes Title 30-A Sec. 5250-I Working waterfront industry: means an industry primarily involved in supporting commercial fishing, marine and boat building activities. See Maine Revised Statutes Title 30-A Sec. 5250-I Writ: A formal written command, issued from the court, requiring the performance of a specific act. zone: means a specified area within the boundaries of the State that has been designated by the commissioner as a Pine Tree Development Zone in accordance with section 5250?J, subsection 3?A or 3?B. See Maine Revised Statutes Title 30-A Sec. 5250-I