Sections
Chapter 1 General Provisions 101 – 105
Chapter 3 Alternative Dispute Resolution 251 – 252
Chapter 5 Family Law Advisory Commission 351 – 356

Terms Used In Maine Revised Statutes > Title 19-A > Part 1 - General Provisions

  • Adjuster: means any individual who, as an independent contractor or as an employee of an independent contractor, or as an employee of another organization, for fee, commission or other compensation, investigates for, settles on behalf of and reports to an insurer, fraternal benefit society, workers' compensation self-insurer or insured relative to claims arising under the workers' compensation laws or other types of insurance contracts. See Maine Revised Statutes Title 24-A Sec. 1402
  • Adjuster trainee: means any individual with less than one year total experience handling loss claims under insurance contracts or the workers' compensation laws who is not licensed in this State as an adjuster and who is employed by and subject to the immediate personal supervision of an adjuster who is licensed in this State and who has been established in the business of adjusting for 3 years or more. See Maine Revised Statutes Title 24-A Sec. 1402
  • Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 19-A Sec. 101
  • Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a certificate of approval holder and a wholesale licensee, under which the wholesale licensee is authorized to distribute one or more of the certificate of approval holder's brands of malt liquor, wine or beverages. See Maine Revised Statutes Title 28-A Sec. 1451
  • Agricultural products: include floricultural, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and any farm products. See Maine Revised Statutes Title 13 Sec. 1774
  • Allegation: something that someone says happened.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appointed actuary: means the actuary appointed by an insurer pursuant to section 952?A, subsection 1. See Maine Revised Statutes Title 24-A Sec. 951-A
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles: means the articles of incorporation. See Maine Revised Statutes Title 13 Sec. 1774
  • Association: means a corporation organized under this subchapter, or a similar domestic corporation, or a foreign association or corporation if authorized to do business in this State, organized under any general or special Act as a cooperative association for the mutual benefit of its members, as agricultural producers, and which confines its operations to purposes authorized by this subchapter and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this subchapter for associations organized hereunder. See Maine Revised Statutes Title 13 Sec. 1774
  • automated claims adjudication system: means a preprogrammed computer system designed for the collection, data entry, calculation and final resolution of portable electronic device insurance claims that is used by an adjuster, insurance producer or supervised individual operating pursuant to this paragraph; complies with all claims payment requirements of the Maine Insurance Code; and is certified as compliant with this paragraph by a licensed adjuster that is an officer of a business entity licensed under this chapter. See Maine Revised Statutes Title 24-A Sec. 1402
  • 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
  • Board: means the board of directors. See Maine Revised Statutes Title 13 Sec. 1774
  • Board: means any authority, board, commission, committee, council and similar organization, including independent organizations, established or authorized by the Legislature to fulfill specific functions the members of which do not serve full time. See Maine Revised Statutes Title 5 Sec. 12002
  • Board: means the Board of Respiratory Care Practitioners established under this chapter. See Maine Revised Statutes Title 32 Sec. 9702
  • Board: means the Radiologic Technology Board of Examiners. See Maine Revised Statutes Title 32 Sec. 9852
  • Bottler: means a person who packages spirits, wine or beer for sale in containers, and is not engaged in distilling, brewing, fermenting or rectifying liquor. See Maine Revised Statutes Title 28-A Sec. 2
  • Brewer: means a person who produces malt liquor by fermentation of malt, wholly or partially, or from any substitute for malt. See Maine Revised Statutes Title 28-A Sec. 2
  • Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
  • Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. See Maine Revised Statutes Title 24-A Sec. 1402
  • certificate of approval holder: means an in-state manufacturer of malt liquor or wine licensed under section 1355-A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361. See Maine Revised Statutes Title 28-A Sec. 1451
  • Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101
  • Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 9702
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Consultant: means any individual who, for a fee, advises or offers to advise any person insured or seeking insurance or named or to be named as beneficiary, or having or to have any interest in or insured under any property and casualty or life and health insurance contract or annuity contract, existing or proposed. See Maine Revised Statutes Title 24-A Sec. 1402
  • Covered kinds of insurance: means property insurance as defined in section 705 and casualty insurance as defined in section 707 and does not include health insurance as defined in section 704, unless required by the applicable NAIC annual statement instructions to be included in the property and casualty actuarial opinion of a casualty insurer or multiple lines insurer, or property insurance written by domestic mutual assessment insurers pursuant to Maine Revised Statutes Title 24-A Sec. 992
  • Dental radiographer: means a person, other than a licensed practitioner, whose duties include radiography of the maxilla, mandible and adjacent structures for diagnostic purposes and who is licensed under Maine Revised Statutes Title 32 Sec. 9852
  • Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101
  • Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 9702
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distiller: means a person who produces spirits by the process of distillation. See Maine Revised Statutes Title 28-A Sec. 2
  • Domestic association: means an association or corporation formed under the laws of this State. See Maine Revised Statutes Title 13 Sec. 1774
  • Expenses: means travel, meals or lodging costs or other necessary costs incurred by a member of a board in the performance of his duties as a member of that board. See Maine Revised Statutes Title 5 Sec. 12002
  • 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.
  • federal Affordable Care Act: means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to or regulations or guidance issued under those acts. See Maine Revised Statutes Title 24-A Sec. 14
  • Foreign association: means an association or corporation not formed under the laws of this State. See Maine Revised Statutes Title 13 Sec. 1774
  • Hard cider: means liquor produced by fermentation of the juice of apples or pears, including, but not limited to, flavored, sparkling or carbonated cider, that contains not less than 1/2 of 1% alcohol by volume and not more than 8. See Maine Revised Statutes Title 28-A Sec. 2
  • Independent agricultural contractor: means a person who grows under contract, or who harvests or hauls forest products under contract, as the person's primary activity or as part of a general agricultural activity. See Maine Revised Statutes Title 13 Sec. 1774
  • Insurance producer: means a person required to be licensed under subchapter II-A to sell, solicit or negotiate insurance. See Maine Revised Statutes Title 24-A Sec. 1402
  • Ionizing radiation: means gamma rays and x rays; alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles; but not ultrasound, sound or radio waves, magnetic fields or visible, infrared or ultraviolet light. See Maine Revised Statutes Title 32 Sec. 9852
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a document issued by the superintendent authorizing a person to act as an insurance producer, adjuster or consultant for kinds of insurance specified in the document as authorized in this chapter. See Maine Revised Statutes Title 24-A Sec. 1402
  • License: means a certificate issued by the board authorizing the licensee to use radioactive materials or equipment emitting ionizing radiation on human beings for diagnostic or therapeutic purposes in accordance with the provisions of this Act. See Maine Revised Statutes Title 32 Sec. 9852
  • Licensed physician: means a person licensed to practice medicine or osteopathy in this State. See Maine Revised Statutes Title 32 Sec. 9852
  • Licensed practitioner: means a person licensed to practice medicine, dentistry, chiropractic, podiatry or osteopathy in this State. See Maine Revised Statutes Title 32 Sec. 9852
  • Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
  • Life and health consultant: means a person licensed as a consultant to advise on life contracts, annuity contracts and health insurance contracts. See Maine Revised Statutes Title 24-A Sec. 1402
  • Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Malt liquor: includes , but is not limited to, ale, beer, porter and stout. See Maine Revised Statutes Title 28-A Sec. 2
  • Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. See Maine Revised Statutes Title 28-A Sec. 2
  • Marketing contract: includes a contract related to the marketing of agricultural products and a contract by an independent agricultural contractor for furnishing services and facilities in raising or growing agricultural products. See Maine Revised Statutes Title 13 Sec. 1774
  • Member: includes the holder of a membership in an association without capital stock and the holder of common stock in an association organized with capital stock. See Maine Revised Statutes Title 13 Sec. 1774
  • minor child: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 19-A Sec. 101
  • Multiple peril crop insurance adjuster: means a person who adjusts crop insurance claims under the federal crop insurance program administered by the United States Department of Agriculture. See Maine Revised Statutes Title 24-A Sec. 1402
  • NAIC: means the National Association of Insurance Commissioners or its successor organization. See Maine Revised Statutes Title 24-A Sec. 951-A
  • NAIC: means the National Association of Insurance Commissioners. See Maine Revised Statutes Title 24-A Sec. 992
  • Nonresident: means a person other than a resident of this State. See Maine Revised Statutes Title 24-A Sec. 1402
  • Nuclear medicine technologist: means a person, other than a licensed practitioner, who uses radionuclide agents on human beings for diagnostic and therapeutic purposes. See Maine Revised Statutes Title 32 Sec. 9852
  • Nuclear medicine technology: means the use of radionuclides on human beings for diagnostic and therapeutic purposes under the supervision of a licensed physician. See Maine Revised Statutes Title 32 Sec. 9852
  • Obligee: means any person to whom a duty of support is owed. See Maine Revised Statutes Title 19-A Sec. 101
  • Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101
  • person: means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officer, directors or persons in active control of the activities of that entity. See Maine Revised Statutes Title 28-A Sec. 1451
  • Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101
  • Person: includes an individual, a partnership, a corporation and an association. See Maine Revised Statutes Title 13 Sec. 1774
  • Person: means any individual, partnership, unincorporated organization or corporation. See Maine Revised Statutes Title 32 Sec. 9702
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Policyholder behavior: means any action a policyholder, contract holder or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to this subchapter, including, but not limited to, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization or benefit elections prescribed by the policy or contract, but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract. See Maine Revised Statutes Title 24-A Sec. 951-A
  • Primary source of supply: means the distiller, the bottler, the brewer, the winery, the brand owner or the designated agent of any distiller, brewer, winery or brand owner. See Maine Revised Statutes Title 28-A Sec. 1451
  • Principle-based valuation: means a reserve valuation that uses one or more methods or one or more assumptions determined by the insurer and is subject to section 960. See Maine Revised Statutes Title 24-A Sec. 951-A
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Producers: includes independent agricultural contractors. See Maine Revised Statutes Title 13 Sec. 1774
  • Property and casualty consultant: means a person licensed as a consultant to advise on any one or more of the following kinds of insurance:  
A. See Maine Revised Statutes Title 24-A Sec. 1402
  • Property and casualty insurance adjuster: means a person who adjusts property and casualty claims of any kind except for multiple peril crop insurance claims and workers' compensation claims. See Maine Revised Statutes Title 24-A Sec. 1402
  • Qualified actuary: means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements and who meets all applicable requirements specified in the valuation manual or by rule adopted by the superintendent. See Maine Revised Statutes Title 24-A Sec. 951-A
  • Qualified actuary: means a person who is a member of the American Academy of Actuaries who has obtained a designation either as a fellow or an associate in the Casualty Actuarial Society and, if an associate, has at least 5 years' experience in actuarial practice obtained in the covered kinds of insurance. See Maine Revised Statutes Title 24-A Sec. 992
  • Radiation therapist: means a person, other than a licensed practitioner, who applies ionizing radiation to human beings for therapeutic and simulation purposes, excluding the administration of radiopharmaceuticals. See Maine Revised Statutes Title 32 Sec. 9852
  • Radiation therapy technology: means the use of ionizing radiation on human beings for therapeutic and simulation purposes, excluding the administration of radiopharmaceuticals, under the supervision of a licensed physician. See Maine Revised Statutes Title 32 Sec. 9852
  • Radiographer: means a person, other than a licensed practitioner, who applies ionizing radiation to human beings for imaging purposes, excluding the administration of radiopharmaceuticals. See Maine Revised Statutes Title 32 Sec. 9852
  • Radiography: means the use of ionizing radiation on human beings for imaging purposes, excluding the administration of radiopharmaceuticals, under the supervision of a licensed practitioner. See Maine Revised Statutes Title 32 Sec. 9852
  • Radiologic technologist: means any person who is a radiographer, a radiation therapist or a nuclear medicine technologist licensed under this chapter. See Maine Revised Statutes Title 32 Sec. 9852
  • Radiologic technology: means the use of a radioactive substance or equipment emitting ionizing radiation on human beings for diagnostic or therapeutic purposes. See Maine Revised Statutes Title 32 Sec. 9852
  • Radiological physicist: means a person who has successfully completed education and training in medical radiological physics or one of the subspecialties of radiological physics. See Maine Revised Statutes Title 32 Sec. 9852
  • Radiologist: means a physician, certified by the American Board of Radiology or the American Osteopathic Board of Radiology, the British Royal College of Radiology or the Royal College of Physicians and Surgeons, who is licensed in this State or who has completed or who is actively pursuing the course of training equivalent to the course of training required for admission to these boards. See Maine Revised Statutes Title 32 Sec. 9852
  • Radiopharmaceutical: means a radioactive substance approved for administration to a patient to provide diagnostic information or deliver treatment for a specific disease. See Maine Revised Statutes Title 32 Sec. 9852
  • Resident: means any of the following:  
  • A. See Maine Revised Statutes Title 24-A Sec. 1402
  • Respiratory care: includes the terms "respiratory therapy" or "inhalation therapy. See Maine Revised Statutes Title 32 Sec. 9702
  • Respiratory care practitioner: means a person licensed as a respiratory therapist or as a respiratory care technician under this chapter. See Maine Revised Statutes Title 32 Sec. 9702
  • Respiratory care practitioner trainee: means an employee of a health care facility who is enrolled in the clinical portion of an approved respiratory care educational program. See Maine Revised Statutes Title 32 Sec. 9702
  • sale territory: means the area of primary sales responsibility expressly or implicitly designated by any agreement between a wholesale licensee and a certificate of approval holder for the brand or label of a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451
  • sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Small brewery: means a facility that brews, lagers and kegs, bottles or packages its own malt liquor, not to exceed 30,000 barrels per year. See Maine Revised Statutes Title 28-A Sec. 2
  • Small winery: means a facility that ferments, ages and bottles:  
  • A. See Maine Revised Statutes Title 28-A Sec. 2
  • state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101
  • Subject lines of insurance: means life insurance, accident and health insurance and deposit-type contracts, as those terms are defined in the valuation manual. See Maine Revised Statutes Title 24-A Sec. 951-A
  • Subpoena: A command to a witness to appear and give testimony.
  • Tail risk: means a risk for which the frequency of low-probability events is higher than expected under a normal probability distribution or the risk of events of very significant magnitude. See Maine Revised Statutes Title 24-A Sec. 951-A
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • This subchapter: means the "Uniform Agricultural Cooperative Association Act. See Maine Revised Statutes Title 13 Sec. 1774
  • To advise: means to provide information relative to coverage, rights or interests under insurance or annuity contracts, or relative to the retention, exchange, surrender, exercise of rights or other disposition of insurance or annuity contracts. See Maine Revised Statutes Title 24-A Sec. 1402
  • use: means all activities involved in the application of radioactive material. See Maine Revised Statutes Title 32 Sec. 9852
  • Valuation manual: means the manual of valuation instructions adopted by the NAIC as specified in section 959. See Maine Revised Statutes Title 24-A Sec. 951-A
  • wholesale licensee: means any person holding a wholesale malt liquor or wine license within the State, offering malt liquor or wine for sale or resale to retailers, without regard to whether the business of the person is conducted under the terms of an agreement with a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451
  • Wholesaler: means a person who engages in the purchase and resale of malt or brewed beverages or wines, or both, in sealed bottles, containers or original packages, as prepared for the market by the manufacturer at the place of manufacture, but not for consumption, except when taste testing, on the premises of that wholesaler. See Maine Revised Statutes Title 28-A Sec. 2
  • Wine: includes , but is not limited to, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine, provided that the alcohol content is not above 24% by volume. See Maine Revised Statutes Title 28-A Sec. 2
  • Winery: means a facility that ferments, ages and bottles wine and hard cider. See Maine Revised Statutes Title 28-A Sec. 2