Sections
Part 1 General Provisions 3-101 – 3-110
Part 2 Venue for Probate and Administration, Priority to Administer and Demand for Notice 3-201 – 3-204
Part 3 Informal Probate and Appointment Proceedings 3-301 – 3-311
Part 4 Formal Testacy and Appointment Proceedings 3-401 – 3-414
Part 5 Supervised Administration 3-501 – 3-505
Part 6 Personal Representative: Appointment, Control and Termination of Authority 3-601 – 3-619
Part 7 Duties and Powers of Personal Representatives 3-701 – 3-721
Part 8 Creditors’ Claims 3-801 – 3-818
Part 9 Special Provisions Relating to Distribution 3-901 – 3-916
Part 10 Closing Estates 3-1001 – 3-1008
Part 11 Compromise of Controversies 3-1101 – 3-1102
Part 12 Collection of Personal Property by Affidavit and Summary Administration Procedures for Small Estates 3-1201 – 3-1205

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Terms Used In Maine Revised Statutes > Title 18-C > Article 3 - Probate of Wills and Administration

  • Accepted road: means a state, county or town road which is under the control of state, county or municipal authorities and maintained at public expense. See Maine Revised Statutes Title 38 Sec. 952
  • Access to directory assistance: means access to a service that includes, but is not limited to, making available to customers, upon request, information contained in directory listings. See Maine Revised Statutes Title 35-A Sec. 7201
  • Access to emergency services: means access to emergency services, as defined in Title 25, section 2921, subsection 5, through 9-1-1 or enhanced 9-1-1 service, as defined in Title 25, section 2921, subsection 6, to the extent a local government in the service area of a provider of last resort service provides 9-1-1 or enhanced 9-1-1 services. See Maine Revised Statutes Title 35-A Sec. 7201
  • Access to interexchange service: means the use of the wireline loop, as well as that portion of the switch that is paid for by the end user, or the functional equivalent of these network elements in the case of a wireless carrier, necessary to access an interexchange carrier's network. See Maine Revised Statutes Title 35-A Sec. 7201
  • Access to operator services: means access to any automatic or live assistance by a consumer to arrange for billing for or completion of a telephone call or both. See Maine Revised Statutes Title 35-A Sec. 7201
  • Accessory use or structure: means a use or structure of a nature customarily incidental and subordinate to a principal use or structure. See Maine Revised Statutes Title 38 Sec. 952
  • Account: means a general account or a compliance account. See Maine Revised Statutes Title 38 Sec. 580-A
  • Administrative unit: means the organization certified by the federal Small Business Administration to administer the Small Business Development Center Program in this State. See Maine Revised Statutes Title 5 Sec. 13031
  • Agency: means the Maine Municipal and Rural Electrification Cooperative Agency. See Maine Revised Statutes Title 35-A Sec. 4103
  • Air contaminants: includes , but is not limited to, dust, fumes, gas, mist, particulate matter, smoke, vapor or any combination thereof. See Maine Revised Statutes Title 38 Sec. 582
  • Air contamination source: means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582
  • Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property throughout the State or throughout such areas of the State as shall be affected thereby. See Maine Revised Statutes Title 38 Sec. 582
  • Air pollution control apparatus: means and includes any appliance, equipment or machinery which removes, reduces controls, eliminates, disposes of or renders less noxious the emission of air contaminants into ambient air. See Maine Revised Statutes Title 38 Sec. 582
  • Air quality units: means the toxicity score for a hazardous air pollutant multiplied by the estimated emissions of that hazardous air pollutant. See Maine Revised Statutes Title 38 Sec. 582
  • Allocation: means the number of carbon dioxide allowances to be credited to a carbon dioxide budget unit or to the general account of the sponsor of an approved carbon dioxide emissions offset project. See Maine Revised Statutes Title 38 Sec. 580-A
  • Ambient air: means all air outside of buildings, stacks or exterior ducts. See Maine Revised Statutes Title 38 Sec. 582
  • Arrest: Taking physical custody of a person by lawful authority.
  • Automobile graveyard: means a yard, field or parcel of land used as a place of storage for 3 or more unserviceable, discarded, worn out or junked motor vehicles. See Maine Revised Statutes Title 38 Sec. 952
  • BART: means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each visibility-impairing air pollutant that is emitted by an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
  • BART eligible unit: means an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
  • Bequest: Property gifted by will.
  • Best practical treatment: means that method which controls or reduces emissions of air contaminants to the lowest possible level considering:
A. See Maine Revised Statutes Title 38 Sec. 582
  • Billboard: means a sign, structure or surface, or combination thereof, used for advertising purposes exceeding 15 square feet in area. See Maine Revised Statutes Title 38 Sec. 952
  • Bog: means a periodically or continually wet, spongy area exceeding 1,000 square feet in area with soil composed mainly of decayed vegetable matter. See Maine Revised Statutes Title 38 Sec. 952
  • Building: means any structure, regardless of the materials of which it is constructed, which has a roof or partial roof supported by columns or walls, used or intended to be used for the habitation, enclosure or shelter of persons or animals or to provide uses which include, but are not limited to, working, office, display, sales, storage or parking space. See Maine Revised Statutes Title 38 Sec. 952
  • Bulk gasoline plant: means , except for gasoline service stations, any gasoline storage and distribution facility or bulk gasoline terminal with a daily throughput of 76,000 liters, or 20,000 gallons, or less, that receives gasoline from refineries, bulk gasoline terminals or through direct import. See Maine Revised Statutes Title 38 Sec. 582
  • Bulk gasoline terminal: means a gasoline storage facility that receives gasoline from refineries, primarily by pipeline, ship or barge, and delivers gasoline to bulk gasoline plants or commercial or retail accounts primarily by tank vehicle and that has a daily throughput of more than 76,000 liters, or 20,000 gallons, of gasoline. See Maine Revised Statutes Title 38 Sec. 582
  • Carbon dioxide budget unit: means any single fossil fuel fired unit that serves a generator with a nameplate capacity equal to or greater than 25 megawatts of electrical output. See Maine Revised Statutes Title 38 Sec. 580-A
  • Carbon dioxide emissions budget: means the total amount of carbon dioxide emissions allowances allocated by the State on an annual basis. See Maine Revised Statutes Title 38 Sec. 580-A
  • Carbon dioxide emissions offset project: includes , but is not limited to, landfill and agricultural methane capture and destruction, reduction in emissions of sulfur hexafluoride, sequestration of carbon due to forestry practices and reduction or avoidance of carbon dioxide emissions from natural gas, oil or propane end-use combustion due to end-use energy efficiency and other categories established by the department by rule. See Maine Revised Statutes Title 38 Sec. 580-A
  • Carbon dioxide offset allowance: means a carbon dioxide allowance awarded to the sponsor of a carbon dioxide emissions offset project. See Maine Revised Statutes Title 38 Sec. 580-A
  • Climate action plan: means the state plan adopted under section 577. See Maine Revised Statutes Title 38 Sec. 574
  • Closing: means the time at which a nuclear power plant ceases to generate electricity and is retired from active service. See Maine Revised Statutes Title 35-A Sec. 4352
  • Combined cycle system: means a system composed of one or more combustion turbines, heat recovery system generators and steam turbines configured to improve overall efficiency of electrical generation or steam production. See Maine Revised Statutes Title 38 Sec. 580-A
  • Combined heat and power unit: means a device that simultaneously generates electricity and thermal power and operates at a high level of output efficiency by utilizing the waste heat created as a by-product of electricity generation for domestic, commercial or industrial heating or cooling purposes, and whose useful thermal output equals at least 10% of the fossil fuel energy input of the unit. See Maine Revised Statutes Title 38 Sec. 580-A
  • Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
  • Commission: means the Maine Small Business and Entrepreneurship Commission. See Maine Revised Statutes Title 5 Sec. 13031
  • Commissioner: means the Commissioner of Defense, Veterans and Emergency Management. See Maine Revised Statutes Title 37-B Sec. 1111
  • Commissioner: means the Commissioner of Economic and Community Development or the commissioner's designee. See Maine Revised Statutes Title 5 Sec. 13031
  • Committee: means a joint standing committee of the Legislature. See Maine Revised Statutes Title 5 Sec. 11111
  • compliance account: means the account established by the department for a carbon dioxide budget unit wherein carbon dioxide emissions allowances and carbon dioxide offset allowances are held and available for compliance purposes under the carbon dioxide cap-and-trade program. See Maine Revised Statutes Title 38 Sec. 580-A
  • Construction: means the installation of permanent equipment or structures. See Maine Revised Statutes Title 35-A Sec. 4372
  • cooperative: means any corporation organized under this chapter or which becomes subject to this chapter in the manner provided. See Maine Revised Statutes Title 35-A Sec. 3703
  • Cooperative: means any corporation organized as of January 1, 1981, under chapter 37 or former Title 35, chapters 221 to 227 on a cooperative plan under the laws of the State and supplying or authorized to supply electricity. See Maine Revised Statutes Title 35-A Sec. 4103
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Customer: includes any person, government or governmental division which has applied for, been accepted and is currently receiving service from a public utility. See Maine Revised Statutes Title 35-A Sec. 102
  • Dam: means any artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts water, and that:
  • A. See Maine Revised Statutes Title 37-B Sec. 1111
  • Dark fiber provider: means a person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing federally supported dark fiber that:
  • A. See Maine Revised Statutes Title 35-A Sec. 102
  • Decommissioning: means the series of activities undertaken beginning at the time of closing of a nuclear power plant to ensure that the final disposition of the site or any radioactive components or material, but not including spent fuel, associated with the plant is accomplished safely, in compliance with all applicable state and federal laws. See Maine Revised Statutes Title 35-A Sec. 4352
  • Decommissioning expenses: means the following:
  • A. See Maine Revised Statutes Title 35-A Sec. 4352
  • Decommissioning financing plan: means the plan approved by the commission under section 4353. See Maine Revised Statutes Title 35-A Sec. 4352
  • Decommissioning fund committee: means a committee established to have overall responsibility, as described in section 4354, for a decommissioning trust fund. See Maine Revised Statutes Title 35-A Sec. 4352
  • Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13031
  • 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.
  • Development: means the carrying out of any significant earthmoving, grading, dredging, filling, building, construction or mining operation; the deposit of refuse or solid or liquid wastes on a parcel of land other than agricultural utilization of animal wastes; the making of any material change in noise levels, thermal conditions or emissions of waste material; the commencement or change in the location of advertising; or the alteration of a shore, bank or floodplain of an estuary, river or pond. See Maine Revised Statutes Title 38 Sec. 952
  • Director: means the Executive Director of the Legislative Council. See Maine Revised Statutes Title 5 Sec. 11111
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disqualified person: means an individual or entity that for any reason is or becomes ineligible under this chapter to be issued shares by a professional corporation. See Maine Revised Statutes Title 13 Sec. 723
  • District: means a specified area of land or water within the corridor, delineated on the district boundary map, within which certain regulations and requirements apply under this chapter. See Maine Revised Statutes Title 38 Sec. 952
  • Docket: A log containing brief entries of court proceedings.
  • Domestic professional corporation: means a professional corporation. See Maine Revised Statutes Title 13 Sec. 723
  • Dual-tone multifrequency signaling: means a method of signaling that facilitates the transportation of signaling through a network, shortening call set-up time. See Maine Revised Statutes Title 35-A Sec. 7201
  • Electrical generating unit: means a fossil fuel fired combustion device that serves a generator. See Maine Revised Statutes Title 38 Sec. 580-A
  • Emergency: means breaches and all conditions leading to or causing a breach, overtopping or any other condition in a dam and its appurtenant structures that may be construed as unsafe or threatening to life and property. See Maine Revised Statutes Title 37-B Sec. 1111
  • Emergency: means a situation in which property or human or animal life is in jeopardy and the prompt summoning of aid is essential. See Maine Revised Statutes Title 35-A Sec. 7102
  • Emergency action plan: means a set of written instructions or guidelines for use by public officials that recommends actions that, when implemented, will minimize the effects of a dam failure on people and property. See Maine Revised Statutes Title 37-B Sec. 1111
  • Emission: means a release of air contaminants into ambient air or the air contaminants so released. See Maine Revised Statutes Title 38 Sec. 582
  • Emission source: means any and all sources of emissions of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow account: means an account established under commission rules to hold funds collected under an interim decommissioning financing plan promulgated under section 4353, subsection 5, until a decommissioning trust fund is established or to hold funds for other temporary purposes under this subchapter. See Maine Revised Statutes Title 35-A Sec. 4352
  • External floating roof: means a storage vessel cover in an open-top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. See Maine Revised Statutes Title 38 Sec. 582
  • 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
  • Federal interconnection rights and obligations: means the rights and obligations of a telecommunications entity under 47 United States Code §§ 251 and 252 or any other provision of federal law or regulation governing telecommunications network facility interconnection or wholesale access rights and obligations to the extent the rights and obligations under the federal law or regulation may be regulated or overseen by the commission. See Maine Revised Statutes Title 35-A Sec. 102
  • Foreign professional corporation: means a corporation or association for profit incorporated for the purpose of rendering professional services under law other than the law of this State. See Maine Revised Statutes Title 13 Sec. 723
  • 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
  • Fossil fuel: means natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such a material. See Maine Revised Statutes Title 38 Sec. 580-A
  • Fossil fuel fired unit: means :
  • A. See Maine Revised Statutes Title 38 Sec. 580-A
  • Fuel-burning equipment: means any furnace, boiler or apparatus,and all appurtenances thereto, used in the process of burning fuel including stationary internal combustion engines. See Maine Revised Statutes Title 38 Sec. 582
  • Fugitive emissions: means emissions of air contaminants which do not pass through a stack, flue, chimney or vent. See Maine Revised Statutes Title 38 Sec. 582
  • fund: means a trust fund set up as prescribed in sections 4353 and 4355 to hold money for the eventual purpose of paying decommissioning expenses. See Maine Revised Statutes Title 35-A Sec. 4352
  • Gasoline dispensing facility: means any gasoline service station, bulk terminal or bulk plant or any other facility or organization, governmental or private, that stores gasoline in tanks having a capacity of greater than 250 gallons, and dispenses fuel for motor vehicle use. See Maine Revised Statutes Title 38 Sec. 582
  • general account: means the account established by the department upon the request of an entity wherein the entity may hold carbon dioxide allowances and carbon dioxide offset allowances. See Maine Revised Statutes Title 38 Sec. 580-A
  • General process source: means any emission source, except fuel-burning equipment, incinerators, mobile sources, open burning sources and sources of fugitive emissions. See Maine Revised Statutes Title 38 Sec. 582
  • Generator: means a device that produces electricity and is required to be reported as a generating unit pursuant to the United States Department of Energy Form 860. See Maine Revised Statutes Title 38 Sec. 580-A
  • Greenhouse gas: includes , but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. See Maine Revised Statutes Title 38 Sec. 574
  • Gross annual greenhouse gas emissions: means the total amount of greenhouse gases emitted by all sources within the State each year. See Maine Revised Statutes Title 38 Sec. 574
  • Gross electrical generation: means the electrical output in megawatts at the terminals of the generator. See Maine Revised Statutes Title 38 Sec. 580-A
  • Hazard potential: means the possible adverse incremental consequences that result from the release of water or stored contents due to failure of the dam or misoperation of the dam or appurtenances. See Maine Revised Statutes Title 37-B Sec. 1111
  • Hazardous air pollutant: means an air pollutant to which no ambient air standard is applicable and which in the judgment of the board causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. See Maine Revised Statutes Title 38 Sec. 582
  • High hazard potential dam: means a dam assigned the high hazard potential classification where failure or misoperation will probably cause loss of human life; [PL 2001, c. See Maine Revised Statutes Title 37-B Sec. 1111
  • High-level radioactive waste: means the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from that liquid waste that contains fission products in sufficient concentrations; and other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule to require permanent isolations. See Maine Revised Statutes Title 35-A Sec. 4372
  • Home occupation or enterprise: means an occupation, enterprise or profession which is carried on in a dwelling unit or accessory structure by a person residing in the dwelling unit, incidental and secondary to the use of the dwelling unit for residential purposes, which conforms to the following performance standards:
  • A. See Maine Revised Statutes Title 38 Sec. 952
  • Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001
  • Incinerator: means any device, apparatus or equipment used for destroying, reducing or salvaging by fire any material or substance, but does not include any device, apparatus or equipment used to burn material-separated, refuse-derived fuel. See Maine Revised Statutes Title 38 Sec. 582
  • Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that on February 8, 1996 provided telephone exchange service in the area and:
  • A. See Maine Revised Statutes Title 35-A Sec. 102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Integrated manufacturing facility: means a facility that:
  • A. See Maine Revised Statutes Title 38 Sec. 580-A
  • Interexchange carrier: means any person, association, corporation or other entity that provides intrastate interexchange telecommunications services, including a local exchange carrier that provides interexchange service. See Maine Revised Statutes Title 35-A Sec. 102
  • Internal floating roof: means a cover or roof in a fixed-roof tank which rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. See Maine Revised Statutes Title 38 Sec. 582
  • Junkyard: means a yard, field or other parcel of land used as a place for storage for:
  • A. See Maine Revised Statutes Title 38 Sec. 952
  • Licensee: means the holder of the operating permit from the United States Nuclear Regulatory Commission for a nuclear power plant. See Maine Revised Statutes Title 35-A Sec. 4352
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local usage: means an amount of minutes of use of exchange service within a certain area, prescribed by the commission, provided for a flat rate to end users. See Maine Revised Statutes Title 35-A Sec. 7201
  • Long-term electricity contract: means a contract for a period of 3 years or more with a carbon dioxide budget unit for the purchase of electricity. See Maine Revised Statutes Title 38 Sec. 580-A
  • Lowest achievable emission rate: means the more stringent rate of emissions based on the following:
  • A. See Maine Revised Statutes Title 38 Sec. 582
  • Marsh: means a periodically wet or continually flooded land area exceeding 1,000 square feet with the surface not deeply submerged, covered dominantly with sedges, cattails, rushes or other hydrophytic plants. See Maine Revised Statutes Title 38 Sec. 952
  • Mean high waterline: means the average high tide level. See Maine Revised Statutes Title 38 Sec. 952
  • memorandum: means the Regional Greenhouse Gas Initiative Memorandum of Understanding dated December 20, 2005 that establishes an electric power sector carbon emissions cap-and-trade program within the northeast region of the United States. See Maine Revised Statutes Title 38 Sec. 580-A
  • Mobile telecommunications services: means telecommunications services licensed by the Federal Communications Commission for mobile use. See Maine Revised Statutes Title 35-A Sec. 102
  • Model rule: means the model rule, as amended, referenced in the memorandum of understanding. See Maine Revised Statutes Title 38 Sec. 580-A
  • municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal legislative body: means :
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal officers: means :
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal official: means any elected or appointed member of a municipal government. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipality: means any municipal, plantation or quasi-municipal electric, or electric and utility, corporation, or municipal electric, or electric and utility, system within the State which, as of January 1, 1981, was authorized to and engaged in the manufacture, generation, transmission, distribution, purchase or sale of electricity to the general public. See Maine Revised Statutes Title 35-A Sec. 4103
  • Municipality: includes , for purposes of enacting an air pollution control ordinance, only cities, organized towns and plantations. See Maine Revised Statutes Title 38 Sec. 582
  • Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001
  • Nameplate capacity: means the maximum electrical generating output, expressed in megawatts, that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings. See Maine Revised Statutes Title 38 Sec. 580-A
  • Net annual greenhouse gas emissions: means gross annual greenhouse gas emissions less the total amount of greenhouse gases absorbed each year by plants and natural ecosystems, including, but not limited to, trees, crops, soil and wetlands within the State. See Maine Revised Statutes Title 38 Sec. 574
  • New England power pool: means the relationship or organization created by the New England power pool agreement. See Maine Revised Statutes Title 35-A Sec. 4103
  • New England power pool agreement: means the contractual agreement between electric utilities which is open to all electric utilities, whether private or governmental, operating in New England, which provides for cooperation and joint participation in developing and implementing a regional bulk power supply of electricity, which constitutes the central dispatching and primary pooling arrangements for electric utilities in the New England states, and which has been permitted to become effective under the Federal Power Act by the Federal Power Commission. See Maine Revised Statutes Title 35-A Sec. 4103
  • Normal high water line: means the line on the shore or bank of the fresh-water portion of a river at the point or elevation where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. See Maine Revised Statutes Title 38 Sec. 952
  • Nuclear power plant: means a nuclear fission thermal power plant. See Maine Revised Statutes Title 35-A Sec. 4372
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
  • Oath: A promise to tell the truth.
  • Opacity: means the degree of light obscuring capability of emissions of visible air contaminants expressed as a percentage. See Maine Revised Statutes Title 38 Sec. 582
  • 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. 2001
  • Open burning: means the burning of any type of combustible material in the open ambient air without being completely enclosed and where the products of combustion are emitted directly into the ambient air without passing through a stack, chimney or duct or other device or structure. See Maine Revised Statutes Title 38 Sec. 582
  • Other independent system operator participating states: means the following states participating in the regional greenhouse gas initiative as of January 1, 2011 that are located within the New England independent system operator control area: Connecticut, Massachusetts, New Hampshire, Rhode Island and Vermont. See Maine Revised Statutes Title 38 Sec. 580-A
  • Outdoor wood boiler: means a fuel burning device:
  • A. See Maine Revised Statutes Title 38 Sec. 582
  • Owner: means any transmission and distribution utility that owns any portion of a nuclear power plant, whether directly or through ownership of stock in a company that owns any portion of a nuclear power plant or through membership in a holding company that owns any portion of a nuclear power plant or through other means. See Maine Revised Statutes Title 35-A Sec. 4352
  • Person: means any individual, firm, association, partnership, corporation, trust, municipality, quasi-municipal corporation, state department, federal department or other legal entity. See Maine Revised Statutes Title 37-B Sec. 1111
  • Person: means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic. See Maine Revised Statutes Title 35-A Sec. 3703
  • Person: means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic of any nature organized and existing under the law of any state, the United States, any Province of Canada and also includes Canada, its provinces and all political subdivisions, departments, agencies and instrumentalities of Canada. See Maine Revised Statutes Title 35-A Sec. 4103
  • Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102
  • Person: means any individual, partnership, corporation, whether private, public or quasi-municipal, municipality, state governmental agency or other legal entity. See Maine Revised Statutes Title 38 Sec. 582
  • Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001
  • Petroleum liquids: means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery. See Maine Revised Statutes Title 38 Sec. 582
  • plant: means a nuclear fission thermal power plant situated in this State. See Maine Revised Statutes Title 35-A Sec. 4352
  • 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.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premature closing: means the closing of a nuclear power plant before the projected date of decommissioning, as projected in the decommissioning financing plan under section 4353. See Maine Revised Statutes Title 35-A Sec. 4352
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • price cap ILEC: means an incumbent local exchange carrier that agreed to accept Connect America Fund Phase II support pursuant to the Federal Communications Commission's Report and Order released on December 18, 2014, in In the Matter of Connect America Fund, WC Docket No. See Maine Revised Statutes Title 35-A Sec. 7102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process weight rate: means the average total weight of all materials, not including any gaseous or liquid fuels, solid fuels or combustion air, introduced into any manufacturing, industrial or combustion process that may result in the emission of any regulated pollutant to the ambient air, computed on an hourly basis, and shall be expressed in terms of weight per unit of time. See Maine Revised Statutes Title 38 Sec. 582
  • Professional corporation: means a corporation for profit, other than a foreign professional corporation, subject to the provisions of this chapter. See Maine Revised Statutes Title 13 Sec. 723
  • Professional service: means the professional services provided by the following persons to the extent they are required to be licensed under state law:
  • A. See Maine Revised Statutes Title 13 Sec. 723
  • Project: means any plant, works, system or facilities inside or outside the State, and real and personal property of any nature or any interest in any of them, together with all parts of them and appurtenances to them, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange or interchange of electricity and in the acquisition, extraction, conversion, transportation or storage or reprocessing of fuel of any kind for any purposes or an interest in, or the right to the use, services, output or capacity of a plant quota, works, system or facilities; provided that "project" does not include construction of nuclear generating facilities or the storage, reprocessing or transportation of nuclear fuel within the State. See Maine Revised Statutes Title 35-A Sec. 4103
  • Project cost: means , but is not limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, betterment, extension or disposal of a project or part of a project, including:
  • A. See Maine Revised Statutes Title 35-A Sec. 4103
  • Prompt removal and dismantlement: means to immediately remove radioactive or radioactively contaminated material down to allowable residual levels which permit release of the property for unrestricted access. See Maine Revised Statutes Title 35-A Sec. 4352
  • Proprietary information: means production, commercial or financial information claimed as confidential on documents required to be submitted to participate in an auction, the disclosure of which would impair the competitive position of the account holder and would make available information that is not otherwise available. See Maine Revised Statutes Title 38 Sec. 580-A
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider of last resort service: means a flat-rate service with voice grade access to the public switched telephone network; local usage within the basic service calling areas of incumbent local exchange carriers as of January 1, 2012; dual-tone multifrequency signaling or its functional equivalent; single-party service or its functional equivalent; access to emergency services; access to operator services; access to interexchange service; access to directory assistance; toll limitation for qualifying low-income customers; and the capacity to maintain uninterrupted voice service during a power failure, either through the incorporation into the network or network interface devices of suitable battery backup or through electric current. See Maine Revised Statutes Title 35-A Sec. 7201
  • Public right-of-way: is a n improved roadway maintained for passage by motor vehicles in which the owner of fee does not control the right of passage. See Maine Revised Statutes Title 38 Sec. 952
  • Public switched telephone network: means the network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America. See Maine Revised Statutes Title 35-A Sec. 102
  • Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102
  • Qualified person: means an individual, general partnership, professional limited liability company, professional limited liability partnership, other professional corporation or other entity or trust that is eligible under this chapter to be issued shares by a professional corporation or any other entity that is authorized by statute to provide the same professional service provided by the professional corporation. See Maine Revised Statutes Title 13 Sec. 723
  • Region: means an air quality region or regions established by the board pursuant to section 583. See Maine Revised Statutes Title 38 Sec. 582
  • Regional greenhouse gas initiative: means the initiative referred to in the Memorandum of Understanding and the corresponding model rule that memorializes the ongoing cooperative effort by the State and other states to design and implement a regional carbon dioxide cap-and-trade program covering carbon dioxide emissions from electrical generating units in the signatory states. See Maine Revised Statutes Title 38 Sec. 580-A
  • Regional organization: means the entity that will manage the regional greenhouse gas initiative on a regional basis and with which the State contracts for related service. See Maine Revised Statutes Title 38 Sec. 580-A
  • Regional transmission organization: means the independent systems operator that administers and oversees the wholesale electricity markets in which the State participates. See Maine Revised Statutes Title 38 Sec. 580-A
  • 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
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Ringelmann Chart: shall mean the chart published and described in the United States Bureau of Mines Information Circular 8333, on which are illustrated graduated shades of gray for use in estimating the light obscuring density or opacity of any black emissions or any other such device which may be approved by the board. See Maine Revised Statutes Title 38 Sec. 582
  • Sector: means one of the 5 sectors identified in the climate change action plan adopted by the Conference of New England Governors and Eastern Canadian Premiers in August 2001. See Maine Revised Statutes Title 38 Sec. 574
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service drop: means any utility line extension that does not cross or run beneath any portion of a water body as long as:
  • A. See Maine Revised Statutes Title 38 Sec. 952
  • Service provider: means an entity designated as a provider of provider of last resort service under this chapter. See Maine Revised Statutes Title 35-A Sec. 7201
  • Single-party service: means telecommunications service that permits users to have exclusive use of a wireline subscriber loop or access line for each call placed or, in the case of wireless telecommunications carriers that use spectrum shared among users to provide service, a dedicated message path for the length of a user's particular transmission. See Maine Revised Statutes Title 35-A Sec. 7201
  • Small Business Development Center Program: means the program established by Public Law 96-302, Title II, 15 United States Code §§ 636 and 648, the Small Business Development Center Act of 1980. See Maine Revised Statutes Title 5 Sec. 13031
  • Solid waste fuel-burning equipment: means any furnace, boiler or apparatus, and all appurtenances thereto, capable of burning solid waste fuel for the primary purpose of producing thermal energy. See Maine Revised Statutes Title 38 Sec. 582
  • State dam inspector: means an inspector appointed or hired under section 1117. See Maine Revised Statutes Title 37-B Sec. 1111
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Structure: means any object of a significant nature constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location or in the ground, which may include, but is not limited to, buildings, mobile homes, walls, fences, billboards, signs, piers and floats. See Maine Revised Statutes Title 38 Sec. 952
  • Swamp: means a periodically or continually wet area exceeding 1,000 square feet in area which supports tree growth. See Maine Revised Statutes Title 38 Sec. 952
  • Technology or means for the disposal of high-level nuclear waste: means a method for the permanent and terminal disposal of high-level nuclear waste. See Maine Revised Statutes Title 35-A Sec. 4372
  • Telephone utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, that provides telephone service for compensation inside this State. See Maine Revised Statutes Title 35-A Sec. 102
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Toll limitation for qualifying low-income customers: means a service provided to customers of provider of last resort service that meet income qualifications established by the commission by rule that allows those customers:
  • A. See Maine Revised Statutes Title 35-A Sec. 7201
  • Ton: means 2,000 pounds. See Maine Revised Statutes Title 38 Sec. 580-A
  • Toxicity score: means a score given to a hazardous air pollutant by the Department of Health and Human Services, Maine Center for Disease Control and Prevention. See Maine Revised Statutes Title 38 Sec. 582
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transmission and distribution utility: means a transmission and distribution utility as defined in Title 35?A, section 3201, subsection 6, 12 or 16. See Maine Revised Statutes Title 38 Sec. 580-A
  • Transmission and distribution utility: means a person, its lessees, trustees or receivers or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State, except where the electricity is distributed by the entity that generates the electricity through private property alone solely for the use of:
  • A. See Maine Revised Statutes Title 35-A Sec. 102
  • Tributary stream: means a channel between defined banks and associated flood plain wetlands. See Maine Revised Statutes Title 38 Sec. 952
  • True vapor pressure: means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks" 1962. See Maine Revised Statutes Title 38 Sec. 582
  • Trustee: means a bank or trust company qualified to act as a fiduciary in this State. See Maine Revised Statutes Title 35-A Sec. 4352
  • Voice grade access: means a functionality that offers a minimum bandwidth range of 300 to 3,000 hertz that enables a user of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call. See Maine Revised Statutes Title 35-A Sec. 7201
  • Voice service provider: means any person providing, directly or indirectly, 2-way voice communications service for compensation in this State. See Maine Revised Statutes Title 35-A Sec. 102
  • Waste: means refuse, garbage, rubbish, trash or unwanted or discarded materials of any kind and source. See Maine Revised Statutes Title 38 Sec. 582
  • Wetlands: means marshes, bogs, swamps and other areas exceeding 1,000 square feet, periodically covered by water which exhibit predominantly aquatic vegetation. See Maine Revised Statutes Title 38 Sec. 952