Maine Revised Statutes > Title 18-C > Article 5 – Maine Uniform Guardianship, Conservatorship and Protective Proceedings
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Terms Used In Maine Revised Statutes > Title 18-C > Article 5 - Maine Uniform Guardianship, Conservatorship and Protective Proceedings
- Abatement: includes , but is not limited to:
A. See Maine Revised Statutes Title 38 Sec. 1291Aboveground heating oil supply tank: means an aboveground oil storage tank that is connected directly to an oil-burning heating appliance and is used solely to store heating oil. See Maine Revised Statutes Title 38 Sec. 1392 Aboveground oil storage facility: has the meaning set out in section 562?A, subsection 1?A. See Maine Revised Statutes Title 38 Sec. 1392 Aboveground oil storage tank: has the meaning set out in section 562?A, subsection 1?B. See Maine Revised Statutes Title 38 Sec. 1392 Accredited training program: means a training program that has been accredited by the State pursuant to rules adopted in accordance with this chapter. See Maine Revised Statutes Title 38 Sec. 1291 acting through: includes the assignment or transfer of an interest in real property acquired in satisfaction of a debt. See Maine Revised Statutes Title 38 Sec. 1362 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 Adult: means an individual who has attained 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-602 Adult subject to conservatorship: means an adult for whom a conservator has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Adult subject to guardianship: means an adult for whom a guardian has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 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. Allegation: something that someone says happened. Alternative: means a substitute process, product, material, chemical, strategy or combination of these that serves a functionally equivalent purpose to a chemical in a children's product. See Maine Revised Statutes Title 38 Sec. 1691 Amortization: Paying off a loan by regular installments. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Applicant: means an individual who has applied for a homestead property tax exemption pursuant to this subchapter. See Maine Revised Statutes Title 36 Sec. 681 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Arrest: Taking physical custody of a person by lawful authority. arsenic-treated wood: means lumber, timber, piles, poles, posts, plywood, shakes, shingles or other wood or forest products intended for outdoor use that have been pressure treated to reduce decay with a wood preservative containing inorganic arsenic or inorganic arsenic compounds, including, but not limited to, chromated copper arsenate, commonly referred to as "CCA" or similar arsenic-based wood-preserving chemical mixtures. See Maine Revised Statutes Title 38 Sec. 1681 Asbestos: means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to, chrysotile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered. See Maine Revised Statutes Title 38 Sec. 1272 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequest: Property gifted by will. Best interest of the minor: means the standard of the best interest of the child according to the factors set forth in Title 19?A, section 1653, subsection 3. See Maine Revised Statutes Title 18-C Sec. 5-102 Best management practice guidelines: means recommended techniques or procedures or a combination of techniques or procedures that are determined by the appropriate agency identified in section 410?J to be the most effective practicable means of preventing or reducing pollution generated by nonpoint sources. See Maine Revised Statutes Title 38 Sec. 410-H board: means the Maine Board of Tax Appeals as established in Title 5, section 12004?B, subsection 10. See Maine Revised Statutes Title 36 Sec. 111 Board of directors: means the board of directors of the corporation established in section 13203, subsection 4. See Maine Revised Statutes Title 5 Sec. 13202 Bond: means a bond or note or other evidence of indebtedness authorized under this chapter, whether issued under or pursuant to a bond resolution, trust indenture, loan or other security agreement. See Maine Revised Statutes Title 5 Sec. 13202 Brand: means a name, symbol, word or mark that identifies a product, rather than its components, and attributes the product to the owner of the brand. See Maine Revised Statutes Title 38 Sec. 1771 Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Maine Revised Statutes Title 38 Sec. 1291 Certificate: means a document issued to an individual by the commissioner affirming that an individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos professional. See Maine Revised Statutes Title 38 Sec. 1272 Certificate: means a document issued to an individual by the commissioner affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as a lead professional. See Maine Revised Statutes Title 38 Sec. 1291 Chambers: A judge's office. Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See Maine Revised Statutes Title 38 Sec. 1691 Chemical of concern: means a chemical identified by the department pursuant to section 1693. See Maine Revised Statutes Title 38 Sec. 1691 Chemical of high concern: means a chemical identified by the department pursuant to section 1693?A. See Maine Revised Statutes Title 38 Sec. 1691 Chemical of low concern: means a chemical for which adequate toxicity and environmental data are available to determine that it is not a chemical of high concern, a chemical of concern, a chemical of potential concern or a chemical of unknown concern. See Maine Revised Statutes Title 38 Sec. 1691 Chemical of potential concern: means a chemical identified by an authoritative governmental entity on the basis of credible scientific evidence as being suspected of causing an adverse health or environmental effect listed in section 1693, subsection 1. See Maine Revised Statutes Title 38 Sec. 1691 Chemical of unknown concern: means a chemical for which insufficient data are available to classify it as a chemical of high concern, a chemical of concern, a chemical of potential concern or a chemical of low concern. See Maine Revised Statutes Title 38 Sec. 1691 Claim: includes a claim against an individual or conservatorship estate, whether arising in contract, tort or otherwise. See Maine Revised Statutes Title 18-C Sec. 5-102 Coastal management: means the planning, development, conservation and regulation of coastal resource use by Federal, state, regional and local governments. See Maine Revised Statutes Title 38 Sec. 1802 Coastal resources: means the coastal waters of the State and adjacent shorelands, their natural resources and related marine and wildlife habitat that together form an integrated terrestrial, estuarine and marine ecosystem. See Maine Revised Statutes Title 38 Sec. 1802 Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself. Commercial building: means any building used primarily for commercial or industrial activity that is generally not open to the public or occupied or visited by children, including, but not limited to, warehouses, factories, storage facilities, aircraft hangars, garages and wholesale distribution facilities. See Maine Revised Statutes Title 38 Sec. 1291 Commercial fishing: means harvesting or processing, or both, of wild marine organisms with the intent of disposing of them for profit or trade in commercial channels. See Maine Revised Statutes Title 36 Sec. 1132 Commercial fishing activities: means commercial aquacultural production and commercial fishing. See Maine Revised Statutes Title 36 Sec. 1132 Commission: means the Maine Small Business and Entrepreneurship Commission. See Maine Revised Statutes Title 5 Sec. 13031 Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291 Community drinking water well: means a public drinking water well that supplies a community water system as defined under Title 22, section 2660?B, subsection 2. See Maine Revised Statutes Title 38 Sec. 1392 complex: means the Maine Space Complex established pursuant to section 13203, subsection 1. See Maine Revised Statutes Title 5 Sec. 13202 Comprehensive plan: means zoning or a plan of development, including any amendment thereto, prepared or adopted by the planning board. See Maine Revised Statutes Title 36 Sec. 1102 Conservator: means a person appointed by the court to administer the property of an adult, including a person appointed under Part 4. See Maine Revised Statutes Title 18-C Sec. 5-602 Conservatorship estate: means the property subject to conservatorship under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Consumer: means an individual who purchases or accepts food or beverages for use or consumption. See Maine Revised Statutes Title 38 Sec. 1571 Consumer product: means any item sold for residential or commercial use, including any component parts and packaging, that is sold for:
A. See Maine Revised Statutes Title 38 Sec. 1691Conviction: A judgement of guilt against a criminal defendant. Cooperative housing corporation: means an entity organized for the purpose of owning residential real estate in which residents own shares that entitle the shareholder to inhabit a certain space within a residential dwelling. See Maine Revised Statutes Title 36 Sec. 681 Cooperative property: means the real property, including mobile and manufactured homes, owned by a cooperative housing corporation for the primary purpose of residential use. See Maine Revised Statutes Title 36 Sec. 681 Corporation: means the Maine Space Corporation established in section 13201. See Maine Revised Statutes Title 5 Sec. 13202 Counterclaim: A claim that a defendant makes against a plaintiff. Covered entity: means a household in this State, a business or nonprofit organization in this State exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3) that employs 100 or fewer individuals, an elementary school in this State or a secondary school in this State. See Maine Revised Statutes Title 38 Sec. 1771 Covered establishment: includes , but is not limited to:
A. See Maine Revised Statutes Title 38 Sec. 1571Credible scientific evidence: means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or publication of an authoritative federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, Food and Drug Administration and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency. See Maine Revised Statutes Title 38 Sec. 1691 Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Cropland: means acreage within a farm unit of land in tillage rotation, open land formerly cropped and land in bush fruits. See Maine Revised Statutes Title 36 Sec. 1102 Current use program: means the:
A. See Maine Revised Statutes Title 36 Sec. 501De minimis level: means :
A. See Maine Revised Statutes Title 38 Sec. 1691Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291 Dependent: A person dependent for support upon another. 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. Design consultant: means an individual engaged in preparing and supervising the implementation of plans for the removal or abatement of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291 Devise: To gift property by will. Discharge: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping onto the land or into the water or ambient air. See Maine Revised Statutes Title 38 Sec. 1401 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Disposable food service container: includes service ware for take-out foods, bakery products and leftovers from partially consumed meals prepared by covered establishments. See Maine Revised Statutes Title 38 Sec. 1571 Distributor: means a person who sells consumer products to retail establishments on a wholesale basis. See Maine Revised Statutes Title 38 Sec. 1691 Double-walled tank: means a tank with inner and outer walls separated by an interstitial space that allows detection and containment of leaks. See Maine Revised Statutes Title 38 Sec. 1392 Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC Eligible business equipment: includes , without limitation, repair parts, replacement parts, replacement equipment, additions, accessions and accessories to other qualified property that first became subject to assessment under this Part before April 1, 2008 if the part, addition, equipment, accession or accessory would, in the absence of this subchapter, first be subject to assessment under this Part on or after April 1, 2008. See Maine Revised Statutes Title 36 Sec. 691 Employee: means an individual who may be permitted, required or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any employment. See Maine Revised Statutes Title 38 Sec. 1291 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. Escrow: Money given to a third party to be held for payment until certain conditions are met. Estates: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501 Ex officio: Literally, by virtue of one's office. Excess valuation factor: includes , but is not limited to, aesthetic factors, recreational water-use factors, residential housing factors and nonresidential development factors unrelated to working waterfront uses. See Maine Revised Statutes Title 36 Sec. 1132 Executive session: A portion of the Senate's daily session in which it considers executive business. Executor: A male person named in a will to carry out the decedent Exempt business equipment: means eligible business equipment that is exempt under this subchapter. See Maine Revised Statutes Title 36 Sec. 691 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. Farm woodland: means the combined acreage within a farm unit of forested land. See Maine Revised Statutes Title 36 Sec. 1102 Farmland: means any tract or tracts of land, including woodland and wasteland, of at least 5 contiguous acres on which farming or agricultural activities have contributed to a gross annual farming income of at least $2,000 per year from the sales value of agricultural products as defined in Title 7, section 152, subsection 2 in one of the 2, or 3 of the 5, calendar years preceding the date of application for classification. See Maine Revised Statutes Title 36 Sec. 1102 Federal banking or lending agency: means the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Board of Governors of the Federal Reserve System, a federal reserve bank, a federal home loan bank, the United States Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, the Farm Credit Administration, the Farm Credit System Insurance Corporation, the Small Business Administration, the Farmers' Home Administration, the Rural Electrification Administration or the RECOLL Management Corporation. See Maine Revised Statutes Title 38 Sec. 1362 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Fiduciary: means a person who is:
A. See Maine Revised Statutes Title 38 Sec. 1362Forest land: means land used primarily for growth of trees to be harvested for commercial use, but does not include ledge, marsh, open swamp, bog, water and similar areas, which are unsuitable for growing a forest product or for harvesting for commercial use even though these areas may exist within forest lands. See Maine Revised Statutes Title 36 Sec. 573 Forest management and harvest plan: means a written document that outlines activities to regenerate, improve and harvest a standing crop of timber. See Maine Revised Statutes Title 36 Sec. 573 Forest management and harvest plan: means a written document that outlines activities to regenerate, improve and harvest a standing crop of timber. See Maine Revised Statutes Title 36 Sec. 1102 Forest type: means a stand of trees characterized by the predominance of one or more groups of key species which make up 75% or more of the sawlog volume of sawlog stands, or cordwood in poletimber stands, or of the number of trees in seedling and sapling stands. See Maine Revised Statutes Title 36 Sec. 573 Forested land: means land that is used in the growth of trees but does not include ledge, marsh, open swamp, bog, water and similar areas that are unsuitable for growing trees. See Maine Revised Statutes Title 36 Sec. 1102 Full conservatorship: means a conservatorship that grants the conservator all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Full guardianship: means a guardianship that grants the guardian all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Great pond: means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. See Maine Revised Statutes Title 38 Sec. 436-A Guardian: means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Part 3. See Maine Revised Statutes Title 18-C Sec. 5-602 Guardianship proceeding: means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. See Maine Revised Statutes Title 18-C Sec. 5-602 Hazardous material: includes :
A. See Maine Revised Statutes Title 38 Sec. 1401Hazardous substance: means :
A. See Maine Revised Statutes Title 38 Sec. 1362Hazardous waste: means any substance identified as hazardous waste by the board pursuant to section 1319?O. See Maine Revised Statutes Title 38 Sec. 1392 Head of tide: means the inland or upstream limit of water affected by the tide. See Maine Revised Statutes Title 36 Sec. 1132 High-value agricultural land: means land that has a high value for agricultural use, as determined in accordance with rules adopted by the Department of Agriculture, Conservation and Forestry, in consultation with the department and the Governor's Energy Office. See Maine Revised Statutes Title 38 Sec. 3201 Homestead: means any residential property, including cooperative property, in this State assessed as real property owned by an applicant or held in a revocable living trust for the benefit of the applicant and occupied by the applicant as the applicant's permanent residence or owned by a cooperative housing corporation and occupied as a permanent residence by a resident who is a qualifying shareholder. See Maine Revised Statutes Title 36 Sec. 681 Horticultural land: means land which is engaged in the production of vegetables, tree fruits, small fruits, flowers and woody or herbaceous plants. See Maine Revised Statutes Title 36 Sec. 1102 In-house lead abatement unit: means the unit of a business or public entity that engages in or intends to engage in lead abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more lead abatement supervisors for lead abatement activities. See Maine Revised Statutes Title 38 Sec. 1291 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 Individual subject to guardianship: means an adult for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-602 Intentionally added chemical: means a chemical that was added during the manufacture of a product or product component to provide a specific characteristic, appearance or quality or to perform a specific function. See Maine Revised Statutes Title 38 Sec. 1691 Inter vivos: Transfer of property from one living person to another living person. 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 Interim controls: means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards and the establishment and operation of management and resident education programs. See Maine Revised Statutes Title 38 Sec. 1291 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. Intertidal zone: means all land affected by the tides between the mean high-water mark and the mean low-water mark. See Maine Revised Statutes Title 36 Sec. 1132 Invasive aquatic plant: means a species of aquatic plant described in section 410?N. See Maine Revised Statutes Title 38 Sec. 1861 Inventory parts: includes repair parts, replacement parts, replacement equipment, additions, accessions and accessories on hand but not in service and stocks or inventories of repair parts, replacement parts, replacement equipment, additions, accessions and accessories on hand but not in service and other machinery and equipment on hand for future use but not in service if acquired after April 1, 2007, regardless of when placed in service. See Maine Revised Statutes Title 36 Sec. 691 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. Lead abatement contractor: means a business entity that engages in or intends to engage in lead abatement activities as a business service and that employs or involves one or more project supervisors for lead abatement activities. See Maine Revised Statutes Title 38 Sec. 1291 Lead abatement professional: means an individual certified by the commissioner to engage in lead-based paint activities, including, but not limited to, a lead abatement worker, a lead abatement project supervisor, a lead inspector, a lead abatement design consultant and a lead risk assessor. See Maine Revised Statutes Title 38 Sec. 1291 Lead abatement worker: means an individual engaging in any lead abatement activity for any employer. See Maine Revised Statutes Title 38 Sec. 1291 Lead determination: means an inspection of a limited portion of a building for the purpose of identifying the presence of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291 Lead hazard: means any condition that may cause exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated water or lead-based paint that is in poor condition. See Maine Revised Statutes Title 38 Sec. 1291 Lead inspection: means a surface-by-surface assessment to determine the presence of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291 Lead inspector: means an individual who conducts lead inspections and lead determinations. See Maine Revised Statutes Title 38 Sec. 1291 Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of 1. See Maine Revised Statutes Title 38 Sec. 1291 Lead-based paint activities: means inspection, risk assessment, lead abatement design, lead abatement and services related to lead-based paint such as lead screening, lead determination and deleading. See Maine Revised Statutes Title 38 Sec. 1291 Lead-poisoned: means having a confirmed elevated level of blood lead that is injurious, as defined in rules adopted by the Department of Health and Human Services. See Maine Revised Statutes Title 38 Sec. 1291 Lender: means any person, as defined by Title 9?B, section 131, subsection 30, including a successor or assignee of that person, that makes a bona fide extension of credit to or takes or acquires a security interest from a nonaffiliated person; a financial institution or credit union authorized to do business in this State, as defined in Title 9?B, section 131, subsections 12?A and 17?A; a financial institution that is acting through a service corporation as defined in Title 9?B, section 131, subsection 37; or any federal or state banking or lending agency that provides loans, guarantees or other financial assistance. See Maine Revised Statutes Title 38 Sec. 1362 Less restrictive alternative: includes supported decision making, appropriate technological assistance, appointment of an agent by the individual, including appointment under a power of attorney for health care or power of attorney for finances, or appointment of a representative payee. See Maine Revised Statutes Title 18-C Sec. 5-102 Letters of office: means judicial certification of guardianship or conservatorship. See Maine Revised Statutes Title 18-C Sec. 5-102 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means a document issued by the commissioner to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos abatement activities including, but not limited to, asbestos abatement contractor, in-house asbestos abatement unit, asbestos consultant, asbestos analytical laboratory and training provider. See Maine Revised Statutes Title 38 Sec. 1272 License: means a document issued by the commissioner to a business entity or public entity, including, but not limited to, a lead abatement contractor, an in-house lead abatement unit or a lead training provider, affirming that the entity has met the requirements set forth in this chapter to engage in lead-based paint activities. See Maine Revised Statutes Title 38 Sec. 1291 Limited conservatorship: means a conservatorship that grants the conservator less than all powers available under this Act, grants powers over only certain property or otherwise restricts the powers of the conservator. See Maine Revised Statutes Title 18-C Sec. 5-102 Limited guardianship: means a guardianship that grants the guardian less than all powers available under this Act or otherwise restricts the powers of the guardian. See Maine Revised Statutes Title 18-C Sec. 5-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. manufacturer: includes the importer or first domestic distributor of the consumer product if the person who manufactured or assembled the consumer product or whose brand name is affixed to the consumer product does not have a presence in the United States. See Maine Revised Statutes Title 38 Sec. 1691 Marine organism: means an animal or plant that inhabits intertidal zones or waters below head of tide. See Maine Revised Statutes Title 36 Sec. 1132 Minor subject to conservatorship: means a minor for whom a conservator has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Minor subject to guardianship: means a minor for whom a guardian has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: means the mayor, councillors and aldermen of cities, the members of the select board of towns and the assessors of plantations. See Maine Revised Statutes Title 36 Sec. 501 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal tax increment percentage: means , with respect to tax increment financing districts, the specified percentage of captured assessed value retained as provided in Title 30?A, section 5227 and allocated to the municipality for the municipality's own authorized project costs as provided in Title 30?A, section 5225. See Maine Revised Statutes Title 36 Sec. 691 Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501 Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC New space economy: means the full range of decentralized, diversified, entrepreneurial and accessible activities and the use of resources and players across industries that create value and benefits to human beings in the course of exploring, researching, understanding, managing and using extraterrestrial space. See Maine Revised Statutes Title 5 Sec. 13202 Nonpoint source: means any source, excluding any source defined as a direct discharge in section 466, that discharges pollutants into the surface or ground waters of the State, including, but not limited to, sources related to agriculture, construction and maintenance of bridges, railways and roads, forest management and commercial, industrial or residential development. See Maine Revised Statutes Title 38 Sec. 410-H Normal high-water line: means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 436-A Nuisance species: means an aquatic or terrestrial nonindigenous species that threatens the diversity or abundance of native species, the ecological stability of infested waters or commercial, agricultural, aquacultural or recreational activity dependent on such waters as identified by the department through rulemaking. See Maine Revised Statutes Title 38 Sec. 1861 Oil: has the meaning set out in section 562?A, subsection 15. See Maine Revised Statutes Title 38 Sec. 1392 Open space land: means any area of land, including state wildlife and management areas, sanctuaries and preserves designated as such in Title 12, the preservation or restriction of the use of which provides a public benefit in any of the following areas:
A. See Maine Revised Statutes Title 36 Sec. 1102Operating revenues: means funds available to the corporation from fees, fares and rental or sale of property and miscellaneous revenue and interest not otherwise pledged or dedicated. See Maine Revised Statutes Title 5 Sec. 13202 operator: means a person who owns, leases, operates, controls or supervises a lead abatement activity within a building, structure or facility. See Maine Revised Statutes Title 38 Sec. 1291 Orchard land: means the combined acreage within a farm unit of land devoted to the cultivation of trees bearing edible fruit. See Maine Revised Statutes Title 36 Sec. 1102 participating water district: as used in this chapter , means a water district, as defined by Title 35?A, section 6101, subsection 3, included in the application provided for by section 2002. See Maine Revised Statutes Title 38 Sec. 2001 Party: means an interested person within the meaning of section 1?201, subsection 26, including the respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or protective proceeding. See Maine Revised Statutes Title 18-C Sec. 5-602 Pastureland: means the combined acreage within a farm unit of land devoted to the production of forage plants used for animal production. See Maine Revised Statutes Title 36 Sec. 1102 Permanent residence: means that place where an individual has a true, fixed and permanent home and principal establishment to which the individual, whenever absent, has the intention of returning. See Maine Revised Statutes Title 36 Sec. 681 Permanent resident: means an individual who has established a permanent residence. See Maine Revised Statutes Title 36 Sec. 681 permanently: means for at least 20 years. See Maine Revised Statutes Title 38 Sec. 1291 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1291 Person: includes any individual, partnership, corporation, association or other entity. See Maine Revised Statutes Title 38 Sec. 1401 Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501 Planning board: means a planning board created for the purpose of planning in any municipality or the Maine Land Use Planning Commission in the unorganized territory. See Maine Revised Statutes Title 36 Sec. 1102 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. Political subdivision: means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30?A, chapter 115 or 119, or quasi-municipal corporation or special purpose district, including, but not limited to, any water district or sanitary district. See Maine Revised Statutes Title 38 Sec. 1362 Polystyrene foam: means blown polystyrene and expanded or extruded foams using a styrene monomer. See Maine Revised Statutes Title 38 Sec. 1571 Practical quantification limit: means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions. See Maine Revised Statutes Title 38 Sec. 1691 Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Primarily: means more than 50% of the time;
(b) "Retail sales activity" means an activity associated with the selection and retail purchase of goods or rental of tangible personal property. See Maine Revised Statutes Title 36 Sec. 691Primary impact communities: means Aroostook County, Cumberland County and Washington County. See Maine Revised Statutes Title 5 Sec. 13202 Priority chemical: means a chemical identified as such by the department pursuant to section 1694, subsection 1. See Maine Revised Statutes Title 38 Sec. 1691 Private drinking water well: means a well that is used to supply water for human consumption and that is not a public drinking water well. See Maine Revised Statutes Title 38 Sec. 1392 Producer: means a person that:
A. See Maine Revised Statutes Title 38 Sec. 1771Product: means an item intended for sale within the State that is identified pursuant to section 1772 as appropriate for a product stewardship program. See Maine Revised Statutes Title 38 Sec. 1771 Product category: means a group of similar products designated pursuant to section 1772 for the purpose of establishing product stewardship programs. See Maine Revised Statutes Title 38 Sec. 1771 Product stewardship: means a producer's taking responsibility for managing and reducing the life-cycle impacts of the producer's product, from product design to end-of-life management. See Maine Revised Statutes Title 38 Sec. 1771 Product stewardship program: includes a program financed through an assessment paid by the producers to a stewardship organization. See Maine Revised Statutes Title 38 Sec. 1771 Project supervisor: includes , but is not limited to, an abatement project supervisor employed by a contractor or by an in-house lead abatement unit. See Maine Revised Statutes Title 38 Sec. 1291 Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501 Property: means anything that may be the subject of ownership and includes both real and personal property, tangible and intangible, or any interest therein. See Maine Revised Statutes Title 18-C Sec. 5-102 Proprietary information: means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. See Maine Revised Statutes Title 38 Sec. 1771 protected person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency or instrumentality; or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 5-602 Protective arrangement instead of conservatorship: means a court order entered under section 5?503. See Maine Revised Statutes Title 18-C Sec. 5-102 Protective arrangement instead of guardianship: means a court order entered under section 5?502. See Maine Revised Statutes Title 18-C Sec. 5-102 Protective arrangement instead of guardianship or conservatorship: means a court order entered under Part 5, including an order authorizing a single transaction or more than one related transaction. See Maine Revised Statutes Title 18-C Sec. 5-102 Protective order: means an order appointing a conservator or other order related to management or disposition of an adult's property. See Maine Revised Statutes Title 18-C Sec. 5-602 Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Maine Revised Statutes Title 18-C Sec. 5-602 Public building: means any building constructed before 1978, except residences and child care facilities, that is generally open to the public or occupied or visited by children, including, but not limited to, schools, day care centers, museums, airport terminals, hospitals, stores, restaurants, office buildings, convention centers and government buildings. See Maine Revised Statutes Title 38 Sec. 1291 public drain: means any sewer or drain constructed or laid by a governmental entity for the use of the public and includes both gravity and pressure mains. See Maine Revised Statutes Title 30-A Sec. 2001 Public drinking water well: means a drinking water supply well for a public water system as defined in Title 22, section 2601, subsection 8. See Maine Revised Statutes Title 38 Sec. 1392 Public entity: means the State, any of its political subdivisions or any agency or instrumentality of either. See Maine Revised Statutes Title 38 Sec. 1291 Qualified property: means tangible personal property that:
(1) Is used or held for use exclusively for a business purpose by the person in possession of it or, in the case of construction in progress or inventory parts, is intended to be used exclusively for a business purpose by the person who will possess that property; and
(2) Either:
(a) Was subject to an allowance for depreciation under the Code on April 1st of the property tax year for which a claim for exemption under this subchapter is filed or would have been subject to an allowance for depreciation under the Code as of that date but for the fact that the property has been fully depreciated; or
(b) In the case of construction in progress or inventory parts, would be subject under the Code to an allowance for depreciation when placed in service or would have been subject to an allowance for depreciation under the Code as of that date but for the fact that the property has been fully depreciated. See Maine Revised Statutes Title 36 Sec. 691Qualifying shareholder: means a person who is a:
A. See Maine Revised Statutes Title 36 Sec. 681Quorum: The number of legislators that must be present to do business. Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Recycling: means the transforming or remanufacturing of an unwanted product or the unwanted product's components and by-products into usable or marketable materials. See Maine Revised Statutes Title 38 Sec. 1771 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 Renovation and remodeling: means the replacement or reconstruction of any part of a residence in which the primary intent is to repair, restore or remodel a given structure, which may incidentally result in the reduction of lead-based paint hazards. See Maine Revised Statutes Title 38 Sec. 1291 Residential dwelling: means a room or group of rooms that form a single independent habitable unit for occupation by one or more individuals that has facilities with permanent provisions for living, sleeping, eating, cooking and sanitation, including common areas and appurtenant structures. See Maine Revised Statutes Title 38 Sec. 1291 Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Maine Revised Statutes Title 18-C Sec. 5-602 Respondent: means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought. See Maine Revised Statutes Title 18-C Sec. 5-102 Responsible party: means any one or more of the following persons:
A. See Maine Revised Statutes Title 38 Sec. 1362Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retail sales facility: means a structure used to serve customers who are physically present at the facility for the purpose of selection and retail purchase of goods or rental of tangible personal property. See Maine Revised Statutes Title 36 Sec. 691 Reuse: means a change in ownership of a product or component in a product for use in the same manner and purpose for which it was originally produced. See Maine Revised Statutes Title 38 Sec. 1771 Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust). Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. Risk assessment: means the on-site assessment to determine the existence, nature, severity and location of lead hazards and the provision of a written report explaining the results of the assessment and the options for reducing lead hazards. See Maine Revised Statutes Title 38 Sec. 1291 Risk assessor: means an individual who has been trained to conduct risk assessments as well as lead inspections. See Maine Revised Statutes Title 38 Sec. 1291 River: means a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. See Maine Revised Statutes Title 38 Sec. 436-A Safer alternative: means an alternative that, when compared to a priority chemical that it could replace, would reduce the potential for harm to human health or the environment or that has not been shown to pose the same or greater potential for harm to human health or the environment as that priority chemical. See Maine Revised Statutes Title 38 Sec. 1691 Service of process: The service of writs or summonses to the appropriate party. Service ware: means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer or other item designed to be used to contain, transport, serve or consume food or beverages. See Maine Revised Statutes Title 38 Sec. 1571 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 Site: includes all structures, appurtenances, improvements, equipment, machinery, containers, tanks and conveyances on the site. See Maine Revised Statutes Title 38 Sec. 1362 Solar energy development: means a development that:
A. See Maine Revised Statutes Title 38 Sec. 3201Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it. State banking or lending agency: means any state agency that provides loans, guarantees or other financial assistance, including the Finance Authority of Maine, the Department of Economic and Community Development and the Maine State Housing Authority. See Maine Revised Statutes Title 38 Sec. 1362 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Stewardship organization: means a corporation, nonprofit organization or other legal entity created by a producer or group of producers to implement a product stewardship program. See Maine Revised Statutes Title 38 Sec. 1771 Stream: means a free-flowing body of water from the outlet of a great pond or the confluence of 2 perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. See Maine Revised Statutes Title 38 Sec. 436-A Superstructure: means a large steel or other industrial structure, including, but not limited to bridges or water towers. See Maine Revised Statutes Title 38 Sec. 1291 Support the conduct of commercial fishing activities: means :
A. See Maine Revised Statutes Title 36 Sec. 1132Supported decision making: means assistance from one or more persons of an individual's choosing:
A. See Maine Revised Statutes Title 18-C Sec. 5-102Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501 Testator: A male person who leaves a will at death. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. TIF exempt business equipment: means exempt business equipment that is located within a tax increment financing district. See Maine Revised Statutes Title 36 Sec. 691 Timber and grass: when used in reference to the public reserved lots, so called, in unorganized territory in the State, means all growth of every description on said lots. See Maine Revised Statutes Title 1 Sec. 72 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. Training manager: means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors. See Maine Revised Statutes Title 38 Sec. 1291 Training provider: means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter. See Maine Revised Statutes Title 38 Sec. 1291 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. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. uncontrolled site: means an area or location, whether or not licensed, at which hazardous substances are or were handled or otherwise came to be located, if it is concluded by the commissioner that the site poses a threat or hazard to the health, safety or welfare of any person or to the natural environment and that action under this chapter is necessary to abate, clean up or mitigate that threat or hazard. See Maine Revised Statutes Title 38 Sec. 1362 Underground oil storage facility: has the meaning set out in section 562?A, subsection 21. See Maine Revised Statutes Title 38 Sec. 1392 Unwanted product: means a product that is no longer wanted by its owner or that has been abandoned or discarded or is intended to be discarded by its owner. See Maine Revised Statutes Title 38 Sec. 1771 used: means "intended to be used. See Maine Revised Statutes Title 36 Sec. 691 Used predominantly: means used more than 90% for commercial fishing activity, allowing for limited uses for noncommercial or nonfishing activities if those activities are minor and purely incidental to a property's predominant use. See Maine Revised Statutes Title 36 Sec. 1132 Used primarily: means used more than 50% for commercial fishing activity. See Maine Revised Statutes Title 36 Sec. 1132 Venue: The geographical location in which a case is tried. Wellhead protection zone: means :
A. See Maine Revised Statutes Title 38 Sec. 1392Wildlife habitat: means land that is subject to a written management agreement between the landowner and either the Department of Inland Fisheries and Wildlife or the Department of Agriculture, Conservation and Forestry to ensure that the habitat benefits provided by the land are not lost. See Maine Revised Statutes Title 36 Sec. 1102 Working waterfront land: means a parcel of land, or a portion thereof, abutting water to the head of tide or land located in the intertidal zone that is used primarily or used predominantly to provide access to or support the conduct of commercial fishing activities. See Maine Revised Statutes Title 36 Sec. 1132