Maine Revised Statutes > Title 20-A > Part 5 – Post-Secondary Education
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Terms Used In Maine Revised Statutes > Title 20-A > Part 5 - Post-Secondary Education
- 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 Academic achievement: means earning a grade point average of 3. See Maine Revised Statutes Title 20-A Sec. 12501-A Academic credit: means credit hours or some equivalent measure which may be awarded and which are applicable toward a degree. See Maine Revised Statutes Title 20-A Sec. 10701 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 account: means a financial instrument established pursuant to this chapter. See Maine Revised Statutes Title 20-A Sec. 10981 Account holder: means an eligible person who owns a family development account. See Maine Revised Statutes Title 20-A Sec. 10981 Account wagering provider: means a business entity that offers advance deposit wagering on a horse race that is not a commercial track or an off-track betting facility licensed under section 275?D. See Maine Revised Statutes Title 8 Sec. 1001 Account-based bulk processing program: means a beverage container recycling program implemented by a redemption center or pick-up agent that meets the requirements of rules adopted by the department, is approved by the department, consolidates beverage containers subject to the requirements of this chapter through bulk sorting, collects data regarding each container sorted, provides electronic data reports specifying the number of containers sorted by universal product code along with information regarding the container brand, redemption location and container material type to support an accounting of deposits, fees and material weight and prepares the sorted containers for sale to recyclers. See Maine Revised Statutes Title 38 Sec. 3102 Accreditation: means a formal status granted by an accrediting agency to an institution meeting or exceeding the educational quality criteria as stated in the accrediting agency's publication in order to assess and enhance the educational quality of an institution, ensure consistency in institutional operations, promote institutional improvement and provide for public accountability. See Maine Revised Statutes Title 20-A Sec. 10801 Accreditation mill: means an entity that is created to give the appearance that certain substandard schools or institutions of higher education are legitimately accredited organizations, that is not recognized by any authorized state, professional or national agency and that has few, if any, standards for quality. See Maine Revised Statutes Title 20-A Sec. 10801 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 accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001 Acquittal: Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Maine Revised Statutes Title 38 Sec. 3002 Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session. Administration of civil justice: means activities relating to the anticipation, prevention, detection, monitoring or investigation of known, suspected or possible civil violations and prospective and pending civil actions. See Maine Revised Statutes Title 16 Sec. 803 Administration of criminal justice: includes the collection, storage and dissemination of criminal history record information. See Maine Revised Statutes Title 16 Sec. 703 Administration of criminal justice: means activities relating to the anticipation, prevention, detection, monitoring or investigation of known, suspected or possible crimes. See Maine Revised Statutes Title 16 Sec. 803 Administrative adjustment request: means an administrative adjustment request filed by a partnership pursuant to the Code, Section 6227. See Maine Revised Statutes Title 36 Sec. 5195 Adult: means an individual who has attained 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-602 Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Adult: means an individual at least 18 years of age or an emancipated individual under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102 Adult education: means education programs primarily operated for individuals beyond the compulsory school ages and administered by school administrative units. See Maine Revised Statutes Title 20-A Sec. 1 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 Advance deposit wagering: means a form of pari-mutuel wagering on horse races in which a person places a wager in person or by telephone, Internet, mobile device or other electronic communication. See Maine Revised Statutes Title 8 Sec. 1001 Advance deposit wagering licensee: means a person that is licensed by the board pursuant to subchapter 7 to conduct advance deposit wagering. See Maine Revised Statutes Title 8 Sec. 1001 Advance health care directive: means an individual instruction from, or a power of attorney for health care by, an individual with capacity. See Maine Revised Statutes Title 18-C Sec. 5-802 Advisory committee: means the Maine Health Care Provider Loan Repayment Program Advisory Committee established in Title 5, section 12004?I, subsection 18?G. See Maine Revised Statutes Title 20-A Sec. 12951 Advisory committee: means the Advisory Committee on Education Savings established in this chapter. See Maine Revised Statutes Title 20-A Sec. 11471 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. Affiliate: means any person who, as determined by the commission:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
A. See Maine Revised Statutes Title 35-A Sec. 3180Affirmative consent: means consent to sexual activity that can be revoked at any time. See Maine Revised Statutes Title 20-A Sec. 12981 Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. Agency: means the department or any legal successor or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Maine Revised Statutes Title 38 Sec. 3002 Agency: means the Maine Municipal and Rural Electrification Cooperative Agency. See Maine Revised Statutes Title 35-A Sec. 4103 Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1 Agent: means an individual with capacity designated in a power of attorney for health care to make a health care decision for the individual granting the power. See Maine Revised Statutes Title 18-C Sec. 5-802 Agent: includes an original agent, coagent, successor agent and a person to whom an agent's authority is delegated. See Maine Revised Statutes Title 18-C Sec. 5-902 Agent: means any person who sells or distributes licensed commodities in commerce for or on behalf of producers or others and whose operations may include planting, cultivating, harvesting, grading, packing and furnishing containers, supplies or other services. See Maine Revised Statutes Title 7 Sec. 452 Agricultural commodity: means any and all agricultural, horticultural and vineyard crops and products when produced or sold in this State, either in their natural state or as processed by the producer, including such products as:
A. See Maine Revised Statutes Title 7 Sec. 423Agricultural enterprise: includes a business or activity that attracts visitors to a farm for the purpose of supplementing income from the primary crop or livestock operation. See Maine Revised Statutes Title 7 Sec. 434 Agriculture: means the production, keeping or maintenance for sale or lease of plants or animals, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables and ornamental and greenhouse products. See Maine Revised Statutes Title 38 Sec. 436-A 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 Allegation: something that someone says happened. 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 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 Alternative: means a substitute process, product, material, chemical, strategy or a combination of these that serves a purpose functionally equivalent to that of a priority toxic chemical used by a commercial and industrial facility. See Maine Revised Statutes Title 38 Sec. 2322 Ambient air: means all air outside of buildings, stacks or exterior ducts. See Maine Revised Statutes Title 38 Sec. 582 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. 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. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Applicant: means a person who has submitted an application for a license. See Maine Revised Statutes Title 8 Sec. 1001 Applicant: means any person applying for a license under this subchapter. See Maine Revised Statutes Title 7 Sec. 452 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 Application: means a request, by any person specified in section 223, to the Governor of this State to make a requisition to the executive authority of another state for the extradition of a fugitive from justice. See Maine Revised Statutes Title 15 Sec. 201 Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization 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 Asbestos abatement activity: includes associated activities such as design, monitoring, analysis and inspection of any asbestos-containing material in an amount greater than 3 square feet or 3 linear feet, and conducting training for persons seeking a state certificate or license. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos abatement contractor: means a business entity that engages in, or intends to engage in, asbestos abatement activities as a business service on property that it does not own and that employs or involves one or more asbestos abatement project supervisors, asbestos abatement design consultants, asbestos air monitors or asbestos inspectors for asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos abatement design consultant: means an individual engaged in preparing and supervising the implementation of facility plans for the removal or abatement of asbestos. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos abatement project supervisor: means an individual with responsibility for the supervision of asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos abatement worker: means an individual engaging in any asbestos abatement activity for any employer. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos air analyst: means an individual engaging in the analysis of air samples for fiber count including, but not limited to asbestos fibers. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos air monitor: means a person responsible for applying applicable rules and standards at a specific location by monitoring procedures during asbestos abatement activities in order to protect the public health from the hazards associated with exposure to asbestos. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos analytical laboratory: means a public or private entity that scientifically analyzes samples of solids, liquids or gases to determine the presence and concentration of asbestos fibers. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos bulk analyst: means an individual engaging in the analysis of bulk samples for asbestos or other material composition. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos consultant: means a business entity that engages in, or intends to engage in, the design, inspection or monitoring of asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos inspector: means an individual whose activities include, but are not limited to, collecting bulk samples and assessing the potential for exposure associated with the presence of asbestos-containing material. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos management planner: means a person who assesses hazards associated with the presence and condition of asbestos-containing materials in schools and who develops a response action plan based upon the assessment. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos professional: means an individual certified by the commissioner to engage in asbestos abatement activities, including, but not limited to, an asbestos abatement worker, an asbestos abatement project supervisor, an asbestos air monitor, an asbestos inspector, an asbestos abatement design consultant, an asbestos air analyst, an asbestos bulk analyst and an asbestos management planner. See Maine Revised Statutes Title 38 Sec. 1272 Asbestos-containing material: means any material containing asbestos in quantities equal to or greater than 1% by volume. See Maine Revised Statutes Title 38 Sec. 1272 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Associated equipment: means any mechanical, electromechanical or electronic component part or machine that is used, or intended for use, in a slot machine or table game and that affects the outcome of the game or that is involved in the handling of money, tokens, credits or similar objects or things of value used to play a slot machine or table game or the calculation of or distribution of payoffs of the slot machine or table game. See Maine Revised Statutes Title 8 Sec. 1001 Assured revenues: as used in this chapter and in chapter 411, means revenues to be received from grants, subsidies, contracts, leases or other; agreements made by or with the Federal Government, the State or any political subdivision, agency or instrumentality of the Federal Government or the State, or others; or revenues to be received from existing projects, from projects under construction or from projects for which the university has entered into a binding commitment for the acquisition, construction or accomplishment of the project, anticipated by the trustees to produce annual revenues in an amount not less than the anticipated annual cost of operation, maintenance and repair of such project, including aggregate annual debt service payments on any financing for the project, during the term of any financing effected under this chapter for the project, as determined by the trustees. See Maine Revised Statutes Title 20-A Sec. 10951 Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. Audited partnership: means a partnership subject to a partnership-level audit resulting in a federal adjustment. See Maine Revised Statutes Title 36 Sec. 5195 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12001-A Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12101 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12121 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12301 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12501-A Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12521 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12531 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12552 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 11401 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12571 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12921 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12951 Authority: means the Finance Authority of Maine, including in its capacity as successor to the Maine Educational Loan Authority and the Finance Authority of Maine's successors or assigns. See Maine Revised Statutes Title 20-A Sec. 11413 Authority: means the Finance Authority of Maine established in Title 10, section 961 and its successors or assigns. See Maine Revised Statutes Title 20-A Sec. 11442 Authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 11459 Authority: means the Finance Authority of Maine, which serves as administrator of the Maine Education Savings Program. See Maine Revised Statutes Title 20-A Sec. 11471 Authority: means the Finance Authority of Maine established in Title 10, section 961 and its successors or assigns. See Maine Revised Statutes Title 20-A Sec. 11492 authority: means the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 11611 Authority loans: means loans made under this chapter by the authority to institutions of higher education, students or other persons for the purpose of funding, financing or acquiring education loans. See Maine Revised Statutes Title 20-A Sec. 11413 Authority loans: means loans by the authority to institutions of higher education, students or other persons for the purpose of funding, financing or acquiring education loans. See Maine Revised Statutes Title 20-A Sec. 11442 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 Average annual net wood production rate: means the estimated average net usable amount of wood one acre of land is growing in one year. See Maine Revised Statutes Title 36 Sec. 573 Bag-drop program: means a beverage container recycling program implemented by a redemption center that meets the requirements of rules adopted by the department and that allows a person to drop off beverage containers subject to the requirements of this chapter in a bag or other receptacle at one or more identified locations and to have the corresponding refund placed into an account to be held for the benefit of the person in a manner that allows the person to obtain the refund or a refund receipt within 10 calendar days following the drop-off. See Maine Revised Statutes Title 38 Sec. 3102 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. 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. 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 Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001 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 Beneficiary: means any person designated by a participation agreement to benefit from payments for higher education expenses. See Maine Revised Statutes Title 20-A Sec. 11471 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 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. 582Beverage: means beer, ale or other drink produced by fermenting malt, spirits, wine, hard cider, wine coolers, soda or noncarbonated water and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for internal human consumption, except for unflavored rice milk, unflavored soymilk, milk and dairy-derived products. See Maine Revised Statutes Title 38 Sec. 3102 Beverage container: means a bottle, can, jar or other container made of glass, metal or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters or less of a beverage. See Maine Revised Statutes Title 38 Sec. 3102 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 Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 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: means the Gambling Control Board established under section 1002. See Maine Revised Statutes Title 8 Sec. 1001 Board: means the board of directors of the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 11471 Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1 Board of trustees: means the board of trustees of the system. See Maine Revised Statutes Title 20-A Sec. 12701 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 Bonds: includes bonds, notes, refunding bonds, commercial paper, pass-through instruments or any other evidences of obligations of the authority issued under this chapter. See Maine Revised Statutes Title 20-A Sec. 11413 Bonds: includes bonds, notes, refunding bonds, commercial paper, pass-through instruments or any other evidences of obligations of the authority issued under this chapter. See Maine Revised Statutes Title 20-A Sec. 11442 Bonds: includes bonds, notes, commercial paper, pass-through instruments or any other evidences of indebtedness the authority issues under this chapter. See Maine Revised Statutes Title 20-A Sec. 11492 Borrower: means a student who has received an education loan or any parent who has received or agreed to repay an education loan under this chapter. See Maine Revised Statutes Title 20-A Sec. 11413 Borrower: means a student who has received an education loan or any parent who has received or agreed to repay an education loan. See Maine Revised Statutes Title 20-A Sec. 11442 Borrower: means a person who is obligated as a borrower to make payment of an eligible loan. See Maine Revised Statutes Title 20-A Sec. 11492 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 Broker: means any person engaged in the business of negotiating sales of licensed commodities in commerce for or on behalf of the seller or the purchaser, respectively. See Maine Revised Statutes Title 7 Sec. 452 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 Bureau: means the Bureau of Revenue Services, which may be referred to as "Maine Revenue Services. See Maine Revised Statutes Title 36 Sec. 111 Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Maine Revised Statutes Title 38 Sec. 1272 Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Maine Revised Statutes Title 38 Sec. 1291 Business organization: means a partnership, incorporated or unincorporated association, firm, corporation, limited liability company, trust or other form of business or legal entity other than a financial institution regulated by a state or federal agency that is not exercising control over a licensee. See Maine Revised Statutes Title 8 Sec. 1001 Capacity: means the ability to have a basic understanding of the diagnosed condition and to understand the significant benefits, risks and alternatives to the proposed health care and the consequences of forgoing the proposed treatment, the ability to make and communicate a health care decision and the ability to understand the consequences of designating an agent or surrogate to make health care decisions. See Maine Revised Statutes Title 18-C Sec. 5-802 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 Casino: means a facility licensed in accordance with this chapter, where gambling activities occur, including, but not limited to, the operation of slot machines and table games. See Maine Revised Statutes Title 8 Sec. 1001 Casino operator: means a person who is licensed under this chapter to operate a casino. See Maine Revised Statutes Title 8 Sec. 1001 Center: means a community-based area health education center that is designated in accordance with section 12857 or that exists on the effective date of this chapter and contracts with the system. See Maine Revised Statutes Title 20-A Sec. 12851 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. Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. 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 Chief executive officer: means the Chief Executive Officer of the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12001-A Chief executive officer: means the Chief Executive Officer of the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12101 Chief executive officer: means the Chief Executive Officer of the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12121 Chief executive officer: means the Chief Executive Officer of the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12301 Chief executive officer: means the chief executive officer of the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12501-A Chief executive officer: means the Chief Executive Officer of the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 12521 Chief executive officer: means the Chief Executive Officer of the Finance Authority of Maine. See Maine Revised Statutes Title 20-A Sec. 11401 Child care: means a regular service of care and protection provided for compensation for any part of a day less than 24 hours to a child or children under 13 years of age whose parents work outside the home, attend an educational program or are otherwise unable to care for their children. See Maine Revised Statutes Title 20-A Sec. 12501-A Child care facility: means a child care center or a family child care provider as defined in Title 22, section 8301?A. See Maine Revised Statutes Title 20-A Sec. 12501-A Child care provider qualifications: means a degree or certificate in child development or a related area as determined by rule of the authority. See Maine Revised Statutes Title 20-A Sec. 12501-A Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 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 Climate action plan: means the state plan adopted under section 577. See Maine Revised Statutes Title 38 Sec. 574 Clinical education: means any on-location teaching environment ranging from a one-to-one training between a physician and a medical student to a training in a health clinic or hospital with or without a residency program. See Maine Revised Statutes Title 20-A Sec. 12101 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 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 Code: means the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2022. See Maine Revised Statutes Title 36 Sec. 111 Code: means the United States Internal Revenue Code of 1986, as amended, and the regulations to that Code. See Maine Revised Statutes Title 20-A Sec. 11413 Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 20-A Sec. 11442 Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself. College: means a community college as established in section 12714. See Maine Revised Statutes Title 20-A Sec. 12701 College or university: means a postsecondary educational institution in the State, including:
A. See Maine Revised Statutes Title 20-A Sec. 12971Combined 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 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 Commingling agreement: means an agreement between 2 or more initiators of deposit allowing the beverage containers for which they have initiated deposits to be commingled by dealers and redemption centers, as described in section 3107. See Maine Revised Statutes Title 38 Sec. 3102 Commingling group: includes the State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, which, pursuant to section 3107, is deemed to be managing returned containers for which the State has initiated deposits in a commingling program pursuant to a qualified commingling agreement, but does not include the commingling cooperative. See Maine Revised Statutes Title 38 Sec. 3102 Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102 Commission: means the St. See Maine Revised Statutes Title 38 Sec. 992 Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Commissioner: means the Commissioner of Defense, Veterans and Emergency Management. See Maine Revised Statutes Title 37-B Sec. 1111 Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 3102 Commissioner: shall mean the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 10 Sec. 3322 Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 411 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee. See Maine Revised Statutes Title 7 Sec. 423 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 452 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry and the commissioner's agents. See Maine Revised Statutes Title 7 Sec. 502 Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process. Common interest community: means a condominium, cooperative or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums or for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. See Maine Revised Statutes Title 38 Sec. 3002 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. Community development organization: means a charitable organization, a community action agency or a nonprofit organization under the United States Internal Revenue Code of 1986, Section 501(c)(3) approved by the university to administer family development accounts. See Maine Revised Statutes Title 20-A Sec. 10981 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 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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 Composite return: means a Maine income tax return filed by a partnership or pass-through entity on behalf of some or all of its partners, beneficiaries or shareholders under rules adopted by the assessor. See Maine Revised Statutes Title 36 Sec. 5195 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 Confidential criminal history record information: means criminal history record information of the following types:
A. See Maine Revised Statutes Title 16 Sec. 703Conservator: 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 Conservator: includes a coconservator. See Maine Revised Statutes Title 18-C Sec. 5-102 Conservatorship estate: means the property subject to conservatorship under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Consolidation loan: means a loan under this chapter to or for the benefit of an individual made for the purpose of refinancing education loans that, when made, were made to or for the benefit of a student then enrolled in an eligible program of study at an institution of higher education that meets the other requirements of this chapter. See Maine Revised Statutes Title 20-A Sec. 11459 Construction: means the installation of permanent equipment or structures. See Maine Revised Statutes Title 35-A Sec. 4372 Consumer: means an individual who purchases or accepts food or beverages for use or consumption. See Maine Revised Statutes Title 38 Sec. 1571 Consumer: means an individual who purchases a beverage in a beverage container for use or consumption. See Maine Revised Statutes Title 38 Sec. 3102 Consumer: means any person who purchases a licensed commodity for consumption or use other than sale, storage or retention for the purpose of sale. See Maine Revised Statutes Title 7 Sec. 452 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. 1691Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contributions: means amounts deposited by a participant to an account within the program fund. See Maine Revised Statutes Title 20-A Sec. 11471 Control: means the power to exercise authority over or direct the management or policies of a person. See Maine Revised Statutes Title 8 Sec. 1001 Conviction: A judgement of guilt against a criminal defendant. 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 cooperative: means the entity established pursuant to section 3107, subsection 3?B to manage the collection of all beverage containers subject to the requirements of this chapter under a single commingling program. See Maine Revised Statutes Title 38 Sec. 3102 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 Corporate partner: means a partner that is subject to tax pursuant to chapter 817. See Maine Revised Statutes Title 36 Sec. 5195 Corrosive: means any substance which in contact with living tissue causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces. See Maine Revised Statutes Title 7 Sec. 502 Cost of attendance: means the tuition and fees applicable to a student, together with an estimate of other expenses reasonably related to cost of attendance at an institution, including, without limitation, the cost of room and board, transportation, books and supplies. See Maine Revised Statutes Title 20-A Sec. 11413 Cost of attendance: means the tuition and fees applicable to a student, together with an estimate of other expenses reasonably related to cost of attendance at an institution, including, without limitation, the cost of room and board, transportation, books and supplies. See Maine Revised Statutes Title 20-A Sec. 11442 Counterclaim: A claim that a defendant makes against a plaintiff. Courses of study: means the courses of study for the elementary and secondary schools that are in alignment with the system of learning results as established in section 6209 and consistent with the requirements of this Title. See Maine Revised Statutes Title 20-A Sec. 1 covenant: means a servitude arising under an environmental response project and documented in a recordable instrument that imposes activity and use limitations. See Maine Revised Statutes Title 38 Sec. 3002 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 Criminal history record information: includes , but is not limited to, identifiable descriptions or notations of: summonses and arrests; detention; bail; formal criminal charges such as complaints, informations and indictments; any disposition stemming from such charges; post-plea or post-adjudication sentencing; involuntary commitment; execution of and completion of any sentencing alternatives imposed; release and discharge from involuntary commitment; any related pretrial and post-trial appeals, collateral attacks and petitions; and petitions for and warrants of pardons, commutations, reprieves and amnesties. See Maine Revised Statutes Title 16 Sec. 703 Criminal justice agency: includes federal courts, Maine courts, courts in any other state, the Department of the Attorney General, district attorneys' offices and the equivalent departments or offices in any federal or state jurisdiction. See Maine Revised Statutes Title 16 Sec. 703 Criminal justice agency: includes the Department of the Attorney General, district attorneys' offices and the equivalent departments or offices in any federal or state jurisdiction. See Maine Revised Statutes Title 16 Sec. 803 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. 501Customer: 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. 1111Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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. 102De minimis level: means :
A. See Maine Revised Statutes Title 38 Sec. 1691Dealer: means a person who sells, offers to sell or engages in the sale of beverages in beverage containers to a consumer, including, but not limited to, an operator of a vending machine containing beverages in beverage containers. See Maine Revised Statutes Title 38 Sec. 3102 Dealer: means any person other than a consumer, engaged in the business of buying or selling licensed commodities in commerce, except as provided in section 458. See Maine Revised Statutes Title 7 Sec. 452 Debtor: means an individual debtor. See Maine Revised Statutes Title 14 Sec. 4421 Decedent: A deceased person. 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. 4352Decommissioning 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 Deed: The legal instrument used to transfer title in real property from one person to another. Default insurance: means insurance that insures authority loans or bonds made or issued under this chapter against default. See Maine Revised Statutes Title 20-A Sec. 11413 Default insurance: means insurance that insures authority loans or bonds against default. See Maine Revised Statutes Title 20-A Sec. 11442 Default Reserve Fund: means a fund established by the authority for the purpose of securing authority loans or bonds made or issued under this chapter. See Maine Revised Statutes Title 20-A Sec. 11413 Default reserve fund: means a fund established by the authority for the purpose of securing authority loans or bonds. See Maine Revised Statutes Title 20-A Sec. 11442 Degree: means a document of achievement at the associate level or higher conferred by a postsecondary educational institution authorized to confer that degree in its home state. See Maine Revised Statutes Title 20-A Sec. 10701 Degree mill: means a school or institution of higher education without accreditation that meets any one of the following conditions:
A. See Maine Revised Statutes Title 20-A Sec. 10801Demand: means the demand, as provided in section 203, by the executive authority of another state upon the Governor of this State for the extradition of a fugitive from justice. See Maine Revised Statutes Title 15 Sec. 201 Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 3102 Department: means the Department of Public Safety. See Maine Revised Statutes Title 8 Sec. 1001 Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291 Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 502 Dependent: includes a spouse, whether or not actually dependent. See Maine Revised Statutes Title 14 Sec. 4421 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 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 Devise: To gift property by will. Diploma mill: means an institution of higher education operating without accreditation or supervision of a state or a nationally recognized professional agency and granting diplomas that are either fraudulent or, because of lack of proper standards, worthless. See Maine Revised Statutes Title 20-A Sec. 10801 Direct care worker: means an individual who by virtue of employment generally provides to individuals direct contact assistance with personal care or activities of daily living or has direct access to provide care and services to clients, patients or residents regardless of setting. See Maine Revised Statutes Title 20-A Sec. 12951 Direct partner: means a partner that holds an interest directly in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195 Director: means the executive director of the board. See Maine Revised Statutes Title 8 Sec. 1001 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 Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Maine Revised Statutes Title 18-C Sec. 2-902 Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Maine Revised Statutes Title 18-C Sec. 2-902 Disclaimer: means the refusal to accept an interest in or power over property. See Maine Revised Statutes Title 18-C Sec. 2-902 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: displaced homemaker: means an individual who: [PL 2013, c. See Maine Revised Statutes Title 20-A Sec. 10921 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 Disposition: includes , but is not limited to: an acquittal; a dismissal, with or without prejudice; the filing of a charge by agreement of the parties or by a court; the determination that a defendant is currently a fugitive from justice; a conviction, including the acceptance by a court of a plea of guilty or nolo contendere; a deferred disposition; a proceeding indefinitely continued or dismissed due to a defendant's incompetence; a finding of not criminally responsible by reason of insanity or its equivalent; a mistrial, with or without prejudice; a new trial ordered; an arrest of judgment; a sentence imposition; a resentencing ordered; an execution of and completion of any sentence alternatives imposed, including but not limited to fines, restitution, correctional custody and supervision, and administrative release; a release or discharge from a commitment based upon a finding of not criminally responsible by reason of insanity or its equivalent; the death of the defendant; any related pretrial and post-trial appeals, collateral attacks and petitions; a pardon, commutation, reprieve or amnesty; and extradition. See Maine Revised Statutes Title 16 Sec. 703 Dissemination: means the transmission of information by any means, including but not limited to orally, in writing or electronically, by or to anyone outside the criminal justice agency that maintains the information. See Maine Revised Statutes Title 16 Sec. 703 Dissemination: means the transmission of information by any means, including but not limited to orally, in writing or electronically, by or to anyone outside the criminal justice agency that maintains the information. See Maine Revised Statutes Title 16 Sec. 803 Distribute: means to sell, lease, license, place or otherwise make available for use in the State or to transport into the State for the purpose of selling, leasing, licensing, placing or otherwise making available for use in the State. See Maine Revised Statutes Title 8 Sec. 1001 Distributor: means a person who sells consumer products to retail establishments on a wholesale basis. See Maine Revised Statutes Title 38 Sec. 1691 Distributor: means a person who engages in the sale of beverages in beverage containers to a dealer in this State and includes a manufacturer who engages in such sales. See Maine Revised Statutes Title 38 Sec. 3102 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 district: means a district formed under this chapter to manage one or more subsurface wastewater collection, treatment and disposal systems to accommodate residential development as a means of facilitating compact growth patterns, including cluster developments. See Maine Revised Statutes Title 38 Sec. 1231 Docket: A log containing brief entries of court proceedings. Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Donor: The person who makes a gift. 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 Dower: A widow 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 Duly authorized institution of higher learning: means an institution that:
A. See Maine Revised Statutes Title 20-A Sec. 10801Duly enrolled: means , for an undergraduate, enrolled full-time and, for a graduate student, enrolled at least part-time at an institution of higher education, as evidenced in a form satisfactory to the authority. See Maine Revised Statutes Title 20-A Sec. 12501-A Education loan: means a loan made under this chapter that is made by the authority or by, or on behalf of, an institution to a student or to parents of a student, or both, in amounts not in excess of the maximum amounts specified by the authority to finance a part or all of the student's cost of attendance at an institution. See Maine Revised Statutes Title 20-A Sec. 11413 Education loan: means a loan made by the authority or by or on behalf of an institution to a student or to parents of a student, or both, in amounts not in excess of the maximum amounts specified by the authority to finance a part or all of the student's cost of attendance at an institution. See Maine Revised Statutes Title 20-A Sec. 11442 Education loan: means a loan made by the Federal Government under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28, Title IV, Part B, as amended, or a loan made by a regulated financial institution for the express purpose of financing the costs of higher education under a program designed solely for such purposes. See Maine Revised Statutes Title 20-A Sec. 11459 Education loan series portfolio: means all education loans made by a specific institution that are funded from or acquired by the proceeds of an authority loan to the institution of higher education out of the proceeds of a related specific bond issue through the authority under this chapter. See Maine Revised Statutes Title 20-A Sec. 11413 Education loan series portfolio: means all education loans made by a specific institution that are funded from or acquired by the proceeds of an authority loan to the institution of higher education out of the proceeds of a related specific bond issue through the authority. See Maine Revised Statutes Title 20-A Sec. 11442 Educational institution: means any person, partnership, board, association, institution or corporation other than the University of Maine System, the Maine Community College System and the Maine Maritime Academy that offers academic, educational, literary or professional courses or programs. See Maine Revised Statutes Title 20-A Sec. 10701 Electrical generating unit: means a fossil fuel fired combustion device that serves a generator. See Maine Revised Statutes Title 38 Sec. 580-A Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 18-C Sec. 5-902 Eligible business equipment: includes , without limitation, repair parts, replacement parts, replacement equipment, additions, accessions and accessories to other qualified property that first became subject to assessment under this Part before April 1, 2008 if the part, addition, equipment, accession or accessory would, in the absence of this subchapter, first be subject to assessment under this Part on or after April 1, 2008. See Maine Revised Statutes Title 36 Sec. 691 Eligible employer: means a business in the State that employs engineers and that demonstrates a need to fill an eligible employment position. See Maine Revised Statutes Title 20-A Sec. 12521 Eligible employment position: means a full-time position of employment with an employer located in this State, a requirement of which is a bachelor's degree in an engineering discipline. See Maine Revised Statutes Title 20-A Sec. 12521 Eligible employment position: means a full-time position within the State as the founder or employee of a statewide recognized economic development entity. See Maine Revised Statutes Title 20-A Sec. 12531 Eligible entity: means a domestic or foreign unincorporated entity or a domestic or foreign nonprofit corporation. See Maine Revised Statutes Title 13-C Sec. 1101 Eligible individual: means a student who meets the eligibility requirements of section 12505. See Maine Revised Statutes Title 20-A Sec. 12501-A Eligible individual: means a person who:
A. See Maine Revised Statutes Title 20-A Sec. 12521Eligible interests: means interests and memberships. See Maine Revised Statutes Title 13-C Sec. 1101 Eligible lender: means the authority and the Federal Government and any financial institution, credit union or institution of higher education that is an eligible lender under the federal Higher Education Act of 1965, Public Law 89-329, 79 Stat. See Maine Revised Statutes Title 20-A Sec. 11492 Eligible person: means an individual whose family income is below 200% of the nonfarm income official poverty line as defined by the federal Office of Management and Budget and revised annually in accordance with the United States Omnibus Budget Reconciliation Act of 1981, Section 673, subsection 2. See Maine Revised Statutes Title 20-A Sec. 10981 Eligible program of study: means a certificate program of at least one year, an associate degree program, a baccalaureate degree program or a graduate degree program. See Maine Revised Statutes Title 20-A Sec. 11459 Eligible program of study: means a certificate program of at least one year, an associate degree program or a baccalaureate degree program. See Maine Revised Statutes Title 20-A Sec. 11611 Eligible student loan: means a student loan obtained as a result of preparation for a health care profession as determined by the authority by rule. See Maine Revised Statutes Title 20-A Sec. 12951 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Emergency: means an event or condition that is an actual or imminent civil emergency or disaster or an actual or threatened epidemic or public health threat that is the subject of an emergency proclamation pursuant to section 742 or an emergency declaration pursuant to Title 22, section 802. See Maine Revised Statutes Title 37-B Sec. 949-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 Emergency Management Assistance Compact: means the interstate compact approved by the United States Congress in Public Law 104-321 (1996) and adopted by this State in chapter 16. See Maine Revised Statutes Title 37-B Sec. 949-A Emergency medical service: means a nonprofit, incorporated ambulance service or nontransporting emergency medical service licensed under Title 32, chapter 2?B receiving full or partial financial support from or officially recognized by the State, a municipality or county or an entity created under Title 30?A, chapter 115 or 119 except when the emergency medical service is acting outside the scope of activities expressly authorized by the State, municipality, county or entity created under Title 30?A, chapter 115 or 119. See Maine Revised Statutes Title 20-A Sec. 12552 Emergency medical services person: means a person who is licensed to provide emergency medical treatment under Title 32, chapter 2?B and is serving a public agency in an official capacity as an officially recognized or designated employee or member of a rescue squad or ambulance crew, with or without compensation, or who is an employee of an emergency medical service as defined in subsection 1?B. See Maine Revised Statutes Title 20-A Sec. 12552 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 Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Employee: means an individual who is employed by an institution of higher education, including a full-time, part-time or contracted employee, or an individual who was employed by an institution of higher education, including a full-time, part-time or contracted employee, but has taken a leave of absence or terminated the employment as a result of having been a victim of sexual violence, intimate partner violence or stalking or for any other reason. See Maine Revised Statutes Title 20-A Sec. 12981 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. 1272 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. Entity: means a person other than an individual. See Maine Revised Statutes Title 37-B Sec. 949-A Environmental management system: means a part of an overall management system of a facility and includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of the facility through documented systematic procedures. See Maine Revised Statutes Title 38 Sec. 2322 Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:
A. See Maine Revised Statutes Title 38 Sec. 3002Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. 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 Estates: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Evidences of indebtedness: means any notes, long-term or short-term, or other evidences of indebtedness issued pursuant to this chapter. See Maine Revised Statutes Title 20-A Sec. 10951 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 authority: includes the Governor and any person performing the functions of governor in a state other than this State. See Maine Revised Statutes Title 15 Sec. 201 Executive order: means an order of the President of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access. See Maine Revised Statutes Title 16 Sec. 703 Executive order: means an order of the President of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access. See Maine Revised Statutes Title 16 Sec. 803 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 Exempt partner: means a partner that is subject to the tax imposed by chapter 819 or exempt from the taxes imposed by chapters 803, 809 and 817, except to the extent of unrelated business taxable income. See Maine Revised Statutes Title 36 Sec. 5195 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 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. facility: means an entity:
A. See Maine Revised Statutes Title 38 Sec. 2322Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. False academic degree: means a document such as a degree or certification of completion of a degree, course work or academic credit, including a transcript, that provides evidence or demonstrates completion of a course of instruction or course work that results in the issuance of an associate or more advanced degree by an institution that is not a duly authorized institution of higher learning. See Maine Revised Statutes Title 20-A Sec. 10801 Family development account reserve fund: means the fund created by a community development organization for the purposes of funding the administrative costs of the program and providing matching funds for deposit in family development accounts. See Maine Revised Statutes Title 20-A Sec. 10981 Family foster home: means the same as defined in Title 22, section 8101, subsection 3. See Maine Revised Statutes Title 20-A Sec. 12571 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 adjustment: means an adjustment to an item or amount determined under the Code that affects the computation of a taxpayer's Maine tax liability resulting from a partnership-level audit or other action by the IRS or an amended federal return, refund claim or administrative adjustment request filed by a taxpayer. See Maine Revised Statutes Title 36 Sec. 5195 Federal adjustments report: means a method or form required by the assessor for use by a taxpayer to report final federal adjustments, including an amended tax return and an information return. See Maine Revised Statutes Title 36 Sec. 5195 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 Federal partnership representative: means the person designated by a partnership or appointed by the IRS to act on behalf of a partnership pursuant to the Code, Section 6223(a) for the reviewed year. See Maine Revised Statutes Title 36 Sec. 5195 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. Fiduciary: means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person. See Maine Revised Statutes Title 18-C Sec. 2-902 Final federal adjustment: means a federal adjustment for which the final determination date has passed. See Maine Revised Statutes Title 36 Sec. 5195 Finance: means the origination, acquisition or refinancing of eligible loans, including through loans to eligible lenders. See Maine Revised Statutes Title 20-A Sec. 11492 Financial institution: means a credit union or financial institution authorized to do business in this State under Title 9?B and that meets standards established by the university. See Maine Revised Statutes Title 20-A Sec. 10981 Financing documents: means any evidences of indebtedness, loan agreements, credit agreements, financing leases, lease-purchase agreements, trust agreements, indentures, resolutions, mortgages, security agreements, pledge agreements or other contracts, agreements or documents executed and delivered by the university in connection with a financing transaction under this chapter. See Maine Revised Statutes Title 20-A Sec. 10951 Financing transaction: means the borrowing of money by the university on behalf of the State pursuant to this chapter. See Maine Revised Statutes Title 20-A Sec. 10951 Firefighter: means a person who is an active member of a municipal fire department in this State or a volunteer firefighters' association in this State and who aids in the extinguishing of fires, regardless of whether that person has administrative or other duties as a member of the department or association. See Maine Revised Statutes Title 20-A Sec. 12552 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Flammable: means any substance which has a flashpoint of above 20 degrees to and including 80 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester, except that the flammability of solids and of the contents of self-pressurized containers is determined by methods generally applicable to such containers and established by regulations issued by the commissioner and "extremely flammable" means any substance which has a flashpoint at or below 20 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester. See Maine Revised Statutes Title 7 Sec. 502 Forbearance: A means of handling a delinquent loan. A Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Forest 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 products that have commercial value: means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material or cones or other seed products. See Maine Revised Statutes Title 36 Sec. 573 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 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 Formal involvement in the criminal justice system either as an accused or as a convicted criminal offender: means being within the jurisdiction of the criminal justice system commencing with arrest, summons or initiation of formal criminal charges and concluding with the completion of every sentencing alternative imposed as punishment or final discharge from an involuntary commitment based upon a finding of not criminally responsible by reason of insanity or its equivalent. See Maine Revised Statutes Title 16 Sec. 703 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-AFraud: Intentional deception resulting in injury to another. Friable: means materials that, when dry, have the potential to readily release asbestos fibers when crumbled, pulverized, handled, deteriorated or subjected to mechanical, physical or chemical processes. See Maine Revised Statutes Title 38 Sec. 1272 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 Fugitive from justice: means :
A. See Maine Revised Statutes Title 15 Sec. 201Full 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 Fund: means the Maine Science, Technology, Engineering and Mathematics Loan Fund established in section 12923. See Maine Revised Statutes Title 20-A Sec. 12921 Fund: means the Maine Health Care Provider Loan Repayment Program Fund established in section 12953. See Maine Revised Statutes Title 20-A Sec. 12951 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 Gambling activity: means off-track betting, pari-mutuel wagering at a race track, high-stakes beano, beano, games of chance or slot machine or table game operation. See Maine Revised Statutes Title 8 Sec. 1001 Gambling facility: means a race track, off-track betting facility, high-stakes beano or beano facility, game of chance facility, slot machine facility or casino. See Maine Revised Statutes Title 8 Sec. 1001 Gambling services: means any goods or services provided to an operator licensed under this chapter or at a gambling facility that are used directly in connection with the operation of a slot machine or table game, including, but not limited to, associated equipment, maintenance, security services or junket services, and excluding slot machine or table game distribution by a slot machine distributor or table game distributor. See Maine Revised Statutes Title 8 Sec. 1001 Gambling services vendor: means a person who is licensed under this chapter to provide gambling services. See Maine Revised Statutes Title 8 Sec. 1001 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 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Good faith: means honesty in fact. See Maine Revised Statutes Title 18-C Sec. 5-902 Governor: includes any person performing the functions of Governor by authority of the law of this State. See Maine Revised Statutes Title 15 Sec. 201 Grade: means one of the officially established grades for an agricultural commodity as defined by the commissioner. See Maine Revised Statutes Title 7 Sec. 423 Graduating high school senior: means a student who is a resident of the State, who graduates from a secondary school or a home instruction program as described in section 5001?A, subsection 3, paragraph A, subparagraph (4) and who is entering that student's first year in an institution of higher education at the beginning of the next academic year. See Maine Revised Statutes Title 20-A Sec. 12501-A Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grant: means a grant under the Maine State Grant Program authorized under this chapter. See Maine Revised Statutes Title 20-A Sec. 11611 Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 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 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 Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration. Gross slot machine income: means the total value of money, tokens, credits or similar objects or things of value used to actually play a slot machine before payback is distributed to a player. See Maine Revised Statutes Title 8 Sec. 1001 Gross table game income: means the total value of money, tokens, credits or similar objects or things of value used to actually play a table game before payback is distributed to a player. See Maine Revised Statutes Title 8 Sec. 1001 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. 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 Guardian: means a judicially appointed guardian or conservator having authority to make a health care decision for an individual. See Maine Revised Statutes Title 18-C Sec. 5-802 Guardian: includes a coguardian but does not include a guardian ad litem. See Maine Revised Statutes Title 18-C Sec. 5-102 Guardian ad litem: means a person appointed to inform the court about, and to represent, the needs and best interest of an individual. See Maine Revised Statutes Title 18-C Sec. 5-102 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 Handler: means any person, except a common carrier, exempt carrier or contract carrier of agricultural commodities, who is engaged in packing, grading, selling, offering for sale or marketing any agricultural commodities, who as owner, agent or otherwise ships or causes to be shipped an agricultural commodity. See Maine Revised Statutes Title 7 Sec. 423 Hard cider: means a beverage produced by fermentation of the juice of fruit, 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 38 Sec. 3102 Hardwood type: means forests in which maple, beech, birch, oak, elm, basswood, poplar and ash, singly or in combination, comprise 75% or more of the stocking. See Maine Revised Statutes Title 36 Sec. 573 harvesting for commercial use: means the harvesting of forest products that have commercial value, as defined in subsection 3?B. See Maine Revised Statutes Title 36 Sec. 573 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 Hazardous material: includes :
A. See Maine Revised Statutes Title 38 Sec. 1401Hazardous substance: means :
A. See Maine Revised Statutes Title 38 Sec. 1362Hazardous substance: means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, or which generates pressure through decomposition, heat or other means and which may cause substantial personal injury or illness during any customary or reasonable anticipated handling or use including reasonably foreseeable ingestion by children and also means any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the commissioner determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this subchapter in order to protect the public health. See Maine Revised Statutes Title 7 Sec. 502 Hazardous 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 Health care: means any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition. See Maine Revised Statutes Title 18-C Sec. 5-802 Health care decision: means a decision made by an individual with capacity or by the individual's agent, guardian or surrogate regarding the individual's health care, including:
A. See Maine Revised Statutes Title 18-C Sec. 5-802Health care institution: means an institution, facility or agency licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Maine Revised Statutes Title 18-C Sec. 5-802 Health care provider: means a person licensed or certified by this State as a medical, dental or behavioral health practitioner and performing within the scope of the person's practice as defined by state law or a person with a professionally recognized medical, dental or behavioral health credential. See Maine Revised Statutes Title 20-A Sec. 12951 Health care provider: means an individual licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Maine Revised Statutes Title 18-C Sec. 5-802 Health practitioner: means an individual licensed under the laws of this State or another state to provide health services or veterinary services. See Maine Revised Statutes Title 37-B Sec. 949-A Health professional shortage area: means an area in the State lacking in medical professionals as designated by the Commissioner of Health and Human Services. See Maine Revised Statutes Title 20-A Sec. 12101 Health services: means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
A. See Maine Revised Statutes Title 37-B Sec. 949-AHearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. 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 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 Higher education expenses: means the certified expenses for attendance at an institution of higher education as those expenses are defined by rule of the authority consistent with applicable provisions of the federal Internal Revenue Code of 1986 and its regulations addressing qualified tuition programs. See Maine Revised Statutes Title 20-A Sec. 11471 Highly toxic: means any substance which produces death within 14 days in at least half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when a single dose of 50 milligrams or less per kilogram of body weight, is orally administered or when inhaled continuously for a period of one hour or less at an atmospheric concentration of 200 parts per million by volume or less of gas, vapor, mist or dust, or which produces death within 14 days in at least half of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less. See Maine Revised Statutes Title 7 Sec. 502 Highway: includes any private or public street, way or other place used for travel to or from property. See Maine Revised Statutes Title 37-B Sec. 1004 Highway commissioners: means an individual, board or other body having authority under law to discontinue the use of the highway which it is desired to restrict or close to public use and travel. See Maine Revised Statutes Title 37-B Sec. 1004 Holder: means the grantee of an environmental covenant as specified in section 3003, subsection 1. See Maine Revised Statutes Title 38 Sec. 3002 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. 952Homeless student: means a person eligible to attend elementary or secondary school pursuant to section 5201 who:
A. See Maine Revised Statutes Title 20-A Sec. 1Homestead: 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 Host entity: means an entity operating in this State that uses volunteer health practitioners to respond to an emergency. See Maine Revised Statutes Title 37-B Sec. 949-A Household use: means any use, or intended use of an article in or about the living area or living quarters of a house, apartment house or other place of abode. See Maine Revised Statutes Title 7 Sec. 502 in the State: means within the exterior limits of the State and includes all territory within these limits owned by or ceded to the United States of America. See Maine Revised Statutes Title 38 Sec. 3102 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 In-house asbestos abatement unit: means the unit of a business or public entity that engages in, or intends to engage in, asbestos abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more asbestos abatement supervisors for asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272 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 Incapacity: means inability of an individual to effectively manage property or business affairs because the individual:
A. See Maine Revised Statutes Title 18-C Sec. 5-902Incinerator: 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. 102Indemnification: 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 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Indirect partner: means a partner in a partnership or pass-through entity that itself holds an interest directly, or through another indirect partner, in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195 Individual instruction: means a direction from an individual with capacity concerning a health care decision for the individual. See Maine Revised Statutes Title 18-C Sec. 5-802 Individual subject to conservatorship: means an adult or minor for whom a conservator has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102 Individual subject to guardianship: means an adult for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-602 Individual subject to guardianship: means an adult or minor for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102 initiator: means a manufacturer, distributor or other person who initiates a deposit on a beverage container under section 3103. See Maine Revised Statutes Title 38 Sec. 3102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. institution: means a public, private, nonprofit or for-profit postsecondary school chartered, incorporated or otherwise organized in the State with an established physical presence in the State. See Maine Revised Statutes Title 20-A Sec. 12981 Institution of higher education: means an institution of higher education located within this State, another state or a foreign country that meets the requirements of and conforms to the definitions contained in the federal Higher Education Act of 1965, as amended, 20 United States Code § 1001(a) and the regulations, guidelines and procedures promulgated by the Secretary of Education pursuant to these sections of the law. See Maine Revised Statutes Title 20-A Sec. 12501-A institution of higher education: means any public or private nonprofit educational institution within the State, any public or private nonprofit educational institution outside of the State which is attended by residents of the State, any proprietary educational institution within the State for which loan guarantee services are readily and conveniently available to the authority or any proprietary educational institution outside of the State which is attended by residents of the State and for which loan guarantee services are readily and conveniently available to the authority, which:
A. See Maine Revised Statutes Title 20-A Sec. 11413institution of higher education: means any public or private nonprofit educational institution within the State, any public or private nonprofit educational institution outside of the State attended by residents of the State, any proprietary educational institution within the State for which loan guarantee services are readily and conveniently available to the authority or any proprietary educational institution outside of the State attended by residents of the State and for which loan guarantee services are readily and conveniently available to the authority, that:
A. See Maine Revised Statutes Title 20-A Sec. 11442Institution of higher education: means an accredited institution of higher education located within the United States. See Maine Revised Statutes Title 20-A Sec. 11459 Institution of higher education: means an institution of higher education that meets the requirements established by rule of the authority consistent with applicable provisions of the federal Internal Revenue Code of 1986 and its regulations addressing qualified tuition programs. See Maine Revised Statutes Title 20-A Sec. 11471 Institution of higher education: means an institution of higher education located within this State that meets the requirements of and conforms to the definitions contained in the federal Higher Education Act of 1965, Section 1201, as amended, United States Code, title 20, § 1141; and the federal Higher Education Act of 1965, Section 491, as amended, United States Code, title 20, § 1088; and the regulations, guidelines and procedures promulgated by the Secretary of Education and published in the Federal Register pursuant to these sections of law. See Maine Revised Statutes Title 20-A Sec. 11611 Insufficient veterinary services: means an insufficient number of practitioners of veterinary medicine in either a veterinary specialty or a geographic area, as determined by the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 20-A Sec. 12101 Insufficient veterinary services: means an insufficient number of practitioners of veterinary medicine in a veterinary specialty related to livestock or emergency and critical care, as determined by the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 20-A Sec. 12121 Integrated manufacturing facility: means a facility that:
A. See Maine Revised Statutes Title 38 Sec. 580-AIntelligence and investigative record information: includes information of record concerning investigative techniques and procedures and security plans and procedures prepared or collected by a criminal justice agency or other agency. See Maine Revised Statutes Title 16 Sec. 803 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 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 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 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 International Emergency Management Assistance Compact: means the mutual assistance compact described in chapter 16-A. See Maine Revised Statutes Title 37-B Sec. 949-A Interpersonal violence climate survey: means the survey developed pursuant to section 12984, subsection 8. See Maine Revised Statutes Title 20-A Sec. 12981 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 Intestate: Dying without leaving a will. Intimate partner violence: means any of the acts that constitute abuse under Title 19?A, section 4002, subsection 1, paragraphs A to H that are committed by an individual who is or has been in a social relationship with another individual of an intimate nature regardless of whether the individuals were or are sexual partners. See Maine Revised Statutes Title 20-A Sec. 12981 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. Irritant: means any substance, not corrosive, which on immediate, prolonged or repeated contact with normal living tissue will induce inflammatory reaction. See Maine Revised Statutes Title 7 Sec. 502 IRS: means the United States Internal Revenue Service. See Maine Revised Statutes Title 36 Sec. 5195 Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together. 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. Jointly held property: means property held in the name of 2 or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. See Maine Revised Statutes Title 18-C Sec. 2-902 Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. Judicial officer: shall mean a justice, judge, justice of the peace, clerk of courts or other neutral person empowered by the laws of the demanding state to issue criminal process. See Maine Revised Statutes Title 15 Sec. 201 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. 952Key executive: means any executive of a licensee having power to exercise a significant influence over decisions concerning the operation or distribution of slot machines, table games or gambling services. See Maine Revised Statutes Title 8 Sec. 1001 Label: means a display of written, printed or graphic matter upon or attached to the immediate package or container of any substance; and a requirement made by or under authority of this subchapter that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper, and on all accompanying literature where there are directions for use, written or otherwise. See Maine Revised Statutes Title 7 Sec. 502 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Law enforcement officer: means an active state police officer, municipal police officer, county sheriff or deputy sheriff in this State. See Maine Revised Statutes Title 20-A Sec. 12552 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 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC 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 license issued by the board under this chapter. See Maine Revised Statutes Title 8 Sec. 1001 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 Licensed commodities: means dry beans and other vegetables listed in rules established pursuant to section 453, but does not mean potatoes, which are governed by chapter 103, subchapter 10, article 3. See Maine Revised Statutes Title 7 Sec. 452 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 Licensee: means a person granted a license under this chapter. See Maine Revised Statutes Title 8 Sec. 1001 Licensee: means any person who holds a commodities license issued under this subchapter. See Maine Revised Statutes Title 7 Sec. 452 Lien: A claim against real or personal property in satisfaction of a debt. Life-sustaining treatment: means any medical procedure or intervention that, when administered to a person without capacity and in either a terminal condition or a persistent vegetative state, will serve only to prolong the process of dying. See Maine Revised Statutes Title 18-C Sec. 5-802 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. loan: means a loan originated under the federal Higher Education Act of 1965, Public Law 89-329, 79 Stat. See Maine Revised Statutes Title 20-A Sec. 11492 Loan funding deposit: means money or other property deposited by an institution with the authority or a trustee or custodian, in amounts the authority determines necessary as a condition for an institution's participation in the authority's programs under this chapter, to:
A. See Maine Revised Statutes Title 20-A Sec. 11413Loan funding deposit: means money or other property deposited by an institution with the authority or a trustee or custodian, in amounts the authority determines necessary as a condition for an institution's participation in the authority's programs to:
A. See Maine Revised Statutes Title 20-A Sec. 11442Local administration: means administration by a personal representative appointed in this State pursuant to appointment proceedings described in Article 3. See Maine Revised Statutes Title 18-C Sec. 4-101 Local personal representative: includes any personal representative appointed in this State pursuant to appointment proceedings described in Article 3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 4-205. See Maine Revised Statutes Title 18-C Sec. 4-101 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. 582Maine Community College System Office: means the office of the president of the system, together with the offices of supporting staff, as established in section 12710. See Maine Revised Statutes Title 20-A Sec. 12701 Maine resident: means a person who has been a resident of the State for a minimum of one year as determined by rule of the authority who shall consider:
A. See Maine Revised Statutes Title 20-A Sec. 12101Maine resident: means a person who has been a resident of the State for a minimum of 2 years for purposes other than education at the time of the person's entry to a school of veterinary medicine as determined by rule of the authority. See Maine Revised Statutes Title 20-A Sec. 12121 Maine resident: means a person who has been a resident of the State for a minimum of 2 years at the time of the person's entry to dental school for purposes other than education, as determined by rule of the authority. See Maine Revised Statutes Title 20-A Sec. 12301 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 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 Manufacturer: means a person that:
A. See Maine Revised Statutes Title 38 Sec. 3102Marine organism: means an animal or plant that inhabits intertidal zones or waters below head of tide. See Maine Revised Statutes Title 36 Sec. 1132 Market agreement: means an agreement with the commissioner entered into pursuant to this subchapter. See Maine Revised Statutes Title 7 Sec. 423 Market order: means an order issued by the commissioner pursuant to this subchapter, prescribing rules governing the marketing, distribution, sale or handling, in any manner of any agricultural commodity during any specified period. See Maine Revised Statutes Title 7 Sec. 423 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 Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 Membership: means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. See Maine Revised Statutes Title 20-A Sec. 15001 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 Memorandum of Understanding: means the Memorandum of Understanding Between the State of Maine of the United States and the Province of New Brunswick of Canada Regarding the St. See Maine Revised Statutes Title 38 Sec. 992 Merger: means a business combination pursuant to section 1102. See Maine Revised Statutes Title 13-C Sec. 1101 Minor: means an unemancipated individual who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102 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 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 misbranded: as used in this chapter or chapter 103 applies to all articles of commercial feeding stuff, commercial fertilizer or food, the package or label of which bears any statement, design or device regarding such article, or the ingredients or substances contained therein, that is false or misleading in any particular or that is falsely branded in any particular. See Maine Revised Statutes Title 7 Sec. 484 misbranded package of a hazardous substance: means a hazardous substance in a container intended or suitable for household use unless the product bears a label with the information specified in section 507, except as otherwise provided by or pursuant to this subchapter. See Maine Revised Statutes Title 7 Sec. 502 Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury. Mixed wood type: means forests in which neither hardwoods nor softwood comprise 75% of the stand but are a combination of both. See Maine Revised Statutes Title 36 Sec. 573 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 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: shall be construed to include the heirs and assigns of the mortgagee. See Maine Revised Statutes Title 36 Sec. 501 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Municipal 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 the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipal 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: 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: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501 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: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 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 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC 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 Net slot machine income: means money, tokens, credits or similar objects or things of value used to play a slot machine minus money, credits or prizes paid out to winners and amounts paid pursuant to section 1036, subsection 1. See Maine Revised Statutes Title 8 Sec. 1001 Net table game income: means money, tokens, credits or similar objects or things of value used to play a table game minus money, credits or prizes paid out to winners. See Maine Revised Statutes Title 8 Sec. 1001 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 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Nongambling services: means any goods or services, other than gambling services and slot machine or table game distribution by a slot machine distributor or table game distributor, provided to an operator licensed under this chapter or at a gambling facility, including, but not limited to, hotel concessions, restaurant concessions or food service. See Maine Revised Statutes Title 8 Sec. 1001 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 Nonrefillable: means a beverage container that, after being used by a consumer, is not to be reused as a beverage container by a manufacturer. See Maine Revised Statutes Title 38 Sec. 3102 Nonresident partner: means an individual, trust or estate partner that is not a resident partner. See Maine Revised Statutes Title 36 Sec. 5195 Nonresident tuition: means tuition charged to persons who are not residents in the state where an institution of allopathic or osteopathic medical education with which the authority has a contract is located. See Maine Revised Statutes Title 20-A Sec. 12101 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 Notice: means written notification served personally, sent by certified mail or sent by first-class mail to the last known address of the person for whom the notification is intended. See Maine Revised Statutes Title 36 Sec. 111 Nuclear power plant: means a nuclear fission thermal power plant. See Maine Revised Statutes Title 35-A Sec. 4372 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 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Oil: has the meaning set out in section 562?A, subsection 15. See Maine Revised Statutes Title 38 Sec. 1392 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 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 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. 1102Operate: means to offer for use. See Maine Revised Statutes Title 8 Sec. 1001 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 Operator of a vending machine: means an owner of a vending machine, the person who refills it or the owner or lessee of the property upon which it is located. See Maine Revised Statutes Title 38 Sec. 3102 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 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. 582Oversight: Committee review of the activities of a Federal agency or program. 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 Owner: means a person who owns or controls, directly or indirectly, 10% or more of a business organization. See Maine Revised Statutes Title 8 Sec. 1001 Owner or operator: means a person who owns, leases, operates, controls or supervises an asbestos abatement activity within a building, structure or facility. See Maine Revised Statutes Title 38 Sec. 1272 Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1 Parent: means any parent or guardian of a student at an institution of higher education. See Maine Revised Statutes Title 20-A Sec. 11413 Parent: means any parent or guardian of a student at an institution of higher education. See Maine Revised Statutes Title 20-A Sec. 11442 Parent: means a person who has established a parent-child relationship with the child under Title 19?A, chapter 61 and whose parental rights have not been terminated. See Maine Revised Statutes Title 18-C Sec. 5-102 Participant: means any person who has entered into a participation agreement pursuant to this chapter. See Maine Revised Statutes Title 20-A Sec. 11471 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 Participation agreement: means an agreement between a participant and the authority providing for the establishment by the participant of one or more accounts within the program fund and for the administration of those accounts for the benefit of the participant and of one or more beneficiaries. See Maine Revised Statutes Title 20-A Sec. 11471 Partner: means a person that holds an interest directly or indirectly in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195 Partnership: means an entity subject to taxation under the Code, Subtitle A, Chapter 1, Subchapter K other than a financial institution subject to tax pursuant to chapter 819. See Maine Revised Statutes Title 36 Sec. 5195 Partnership-level audit: means an examination by the IRS at the partnership level pursuant to the Code, Subtitle F, Chapter 63, Subchapter C that results in federal adjustments. See Maine Revised Statutes Title 36 Sec. 5195 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 Pass-through entity: means an entity, other than a partnership, that is not subject to tax under chapter 817 or 819. See Maine Revised Statutes Title 36 Sec. 5195 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 Payback percentage: means the percentage of the total value of money or tokens, credits or similar objects or things of value used to play a slot machine that is returned to players of that slot machine as winnings, prizes or credits. See Maine Revised Statutes Title 8 Sec. 1001 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 Persistent vegetative state: means a state that occurs after coma in which the patient totally lacks higher cortical and cognitive function, but maintains vegetative brain stem processes, with no realistic possibility of recovery, as diagnosed in accordance with acceptable medical standards. See Maine Revised Statutes Title 18-C Sec. 5-802 Person: means an individual, corporation, business trust, 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 37-B Sec. 949-A 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 an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 38 Sec. 3002 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: means an individual, partnership, corporation or other legal entity. See Maine Revised Statutes Title 38 Sec. 3102 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 2-902 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, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 5-802 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. 5-902 Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111 Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1272 Person: means an individual or a business organization. See Maine Revised Statutes Title 8 Sec. 1001 Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1291 Person: means and includes any corporation, association, copartnership or one or more individuals. See Maine Revised Statutes Title 7 Sec. 502 Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. See Maine Revised Statutes Title 18-C Sec. 5-102 Person: includes any individual, partnership, corporation, association or other entity. See Maine Revised Statutes Title 38 Sec. 1401 Personal property: All property that is not real property. 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 Physician: means an individual authorized to practice medicine under Title 32. See Maine Revised Statutes Title 18-C Sec. 5-802 Pick-up agent: means an initiator of deposit, a distributor or a contracted agent of an initiator of deposit or a distributor that receives redeemed beverage containers from a redemption center and transports those containers for recycling. See Maine Revised Statutes Title 38 Sec. 3102 Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501 Plaintiff: The person who files the complaint in a civil lawsuit. 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 plant: means a nuclear fission thermal power plant situated in this State. See Maine Revised Statutes Title 35-A Sec. 4352 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. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: 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 Post-secondary educational institution: means the University of Maine System, the Maine Maritime Academy and the community colleges. See Maine Revised Statutes Title 20-A Sec. 12552 Postsecondary educational institution: means the University of Maine System, the Maine Maritime Academy and the Maine Community College System. See Maine Revised Statutes Title 20-A Sec. 12571 Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term "power of attorney" is used. See Maine Revised Statutes Title 18-C Sec. 5-902 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Power of attorney for health care: means the designation of an agent with capacity to make health care decisions for the individual granting the power. See Maine Revised Statutes Title 18-C Sec. 5-802 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 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. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. 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 Premises: means the property of the dealer or the dealer's lessor on which a sale is made. See Maine Revised Statutes Title 38 Sec. 3102 Presently exercisable general power of appointment: includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard or the passage of the specified period. See Maine Revised Statutes Title 18-C Sec. 5-902 President: means the president of a community college. See Maine Revised Statutes Title 20-A Sec. 12701 President of the system: means the President of the Maine Community College System. See Maine Revised Statutes Title 20-A Sec. 12701 President of the system: means the President of the Maine Community College System. See Maine Revised Statutes Title 20-A Sec. 12741 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 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 health care: means general or family practice of medicine, general internal medicine, general pediatrics, general dentistry and obstetrics and gynecology. See Maine Revised Statutes Title 20-A Sec. 12101 Primary physician: means a physician designated by an individual with capacity or by the individual's agent, guardian or surrogate to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Maine Revised Statutes Title 18-C Sec. 5-802 Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1 Principal: means an individual who grants authority to an agent in a power of attorney. See Maine Revised Statutes Title 18-C Sec. 5-902 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 Priority toxic chemical: means a chemical that has been identified by the department pursuant to section 2323. See Maine Revised Statutes Title 38 Sec. 2322 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 Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will 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 Processor: means any person other than a consumer who purchases or contracts to purchase potatoes for processing or manufacturing which changes the physical form that the raw product possessed when harvested. See Maine Revised Statutes Title 10 Sec. 3322 Processor: means any person, other than a consumer, who purchases or contracts to purchase an agricultural commodity primarily for manufacture into food or other products by operations which change the physical form which that agricultural commodity possessed when produced. See Maine Revised Statutes Title 7 Sec. 423 Processor: means any person other than a consumer who purchases or contracts to purchase licensed commodities primarily for manufacture into articles of food by operations which change the physical form the commodities possessed when harvested. See Maine Revised Statutes Title 7 Sec. 452 Producer: means a person that:
A. See Maine Revised Statutes Title 38 Sec. 1771Producer: means any person engaged within this State in the business of producing, or causing to be produced, for any market, any agricultural commodity. See Maine Revised Statutes Title 7 Sec. 423 Product: 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 Program: means the Maine Veterinary Medicine Loan Program established under section 12122. See Maine Revised Statutes Title 20-A Sec. 12121 Program: means the Maine Engineers Recruitment and Retention Program established in section 12522. See Maine Revised Statutes Title 20-A Sec. 12521 Program: means the Maine Science, Technology, Engineering and Mathematics Loan Program established in section 12922. See Maine Revised Statutes Title 20-A Sec. 12921 Program: means the Maine Health Care Provider Loan Repayment Program established in section 12952. See Maine Revised Statutes Title 20-A Sec. 12951 Program: means the family development account program administered by the university under this chapter. See Maine Revised Statutes Title 20-A Sec. 10981 Program: means the Higher Education Loan Purchase Program established by this chapter. See Maine Revised Statutes Title 20-A Sec. 11492 Program earnings: means all interest, dividends, premiums, fees, profits upon disposition of assets and other revenue actually received by or on behalf of the program with respect to any assets held within the program fund to which that asset may be credited, less all administrative costs of the program and the program fund, as periodically determined by the authority. See Maine Revised Statutes Title 20-A Sec. 11471 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: includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, parking lots, parking facilities, rights-of-way, utilities, easements and other interests in land, machinery and equipment, and all appurtenances and facilities either on, above or under the ground that are used or usable in connection with any of the structures mentioned in this subsection. See Maine Revised Statutes Title 20-A Sec. 10951 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. 4103Project 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 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 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, whether real or personal or legal or equitable, or any interest or right therein. See Maine Revised Statutes Title 18-C Sec. 5-902 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 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. 3102 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. 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 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 agency: means a governmental entity as defined in Title 14, section 8102, subsection 2 or a political subdivision as defined in Title 14, section 8102, subsection 3. See Maine Revised Statutes Title 20-A Sec. 12552 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 criminal history record information: means criminal history record information that is not confidential criminal history record information, including information recorded pursuant to section 706. See Maine Revised Statutes Title 16 Sec. 703 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. 1272 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 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public 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 school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 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 any pipe line, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication or other system operated for public use regardless of ownership. See Maine Revised Statutes Title 37-B Sec. 1004 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 Publicly supported secondary school: means :
A. See Maine Revised Statutes Title 20-A Sec. 1Qualified 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: 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 Residential structure: means a building used for human habitation as a seasonal or year-round residence. See Maine Revised Statutes Title 36 Sec. 573 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 Responding party: means an individual who has been accused of an alleged incident of sexual violence, intimate partner violence or stalking at an institution of higher education. See Maine Revised Statutes Title 20-A Sec. 12981 Responsible party: means any one or more of the following persons:
(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. 691Qualified telecommunications equipment: includes equipment used to provide telegraph service. See Maine Revised Statutes Title 36 Sec. 457 Qualifying Maine-based medical school program: means an allopathic or osteopathic medical school program affiliated with a medical school accredited by the Liaison Committee on Medical Education or its successor or the American Osteopathic Association or its successor in which:
A. See Maine Revised Statutes Title 20-A Sec. 12101Qualifying 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. Radioactive substance: means any substance which emits ionizing radiation. See Maine Revised Statutes Title 7 Sec. 502 Rate design stability: means the implementation of interclass cost allocation or intraclass rate design changes to any existing customer class, of the magnitude or on such a schedule as to not be seriously adverse to the existing class of customers. See Maine Revised Statutes Title 35-A Sec. 102 Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reasonably available: means practicable based on cost, efficacy, availability and other factors as determined by the department. See Maine Revised Statutes Title 38 Sec. 2322 Reasonably available: means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Maine Revised Statutes Title 18-C Sec. 5-802 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 recycle: means a series of activities by which material that has reached the end of its current use is processed into material for use in the production of new products. See Maine Revised Statutes Title 38 Sec. 3102 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 Redemption center: means a place of business that deals in acceptance of empty returnable beverage containers from either consumers or from dealers, or both, and that is licensed under section 3113. See Maine Revised Statutes Title 38 Sec. 3102 Refillable: means a beverage container that, after being used by a consumer, is to be reused as a beverage container at least 5 times by a manufacturer. See Maine Revised Statutes Title 38 Sec. 3102 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: shall be construed to include certified mail. See Maine Revised Statutes Title 36 Sec. 501 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 Registration: means an approval or board action that authorizes a company to be a holding company of a company that holds or applies for a slot machine operator license, a casino operator license, a slot machine distributor license or a table game distributor license or of other persons required to be licensed under this chapter. See Maine Revised Statutes Title 8 Sec. 1001 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Remand: When an appellate court sends a case back to a lower court for further proceedings. 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 Reporting party: means a student or employee who reports having experienced an alleged incident of sexual violence, intimate partner violence or stalking at an institution of higher education. See Maine Revised Statutes Title 20-A Sec. 12981 Resident creditor: means a person domiciled in or doing business in this State who is, or could be, a claimant against an estate of a nonresident decedent. See Maine Revised Statutes Title 18-C Sec. 4-101 Resident estate or trust: shall mean :
A. See Maine Revised Statutes Title 36 Sec. 5102Resident individual: means an individual:
A. See Maine Revised Statutes Title 36 Sec. 5102Resident partner: means a partner that is a resident individual or a resident estate or trust under this Part
[PL 2019, c. See Maine Revised Statutes Title 36 Sec. 5195 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 Retailer: means a person engaged in the business of buying licensed commodities in wholesale quantities and reselling the licensed commodities bought, primarily to consumers. See Maine Revised Statutes Title 7 Sec. 452 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Return: means any document, digital file or electronic data transmission containing information required by this Title to be reported to the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 111 Return service: means service in a public elementary or secondary school, publicly supported secondary school, special education facility as defined in section 7001, subsection 6 or private school in this State approved for tuition purposes for a full school year as a certified teacher or a speech pathologist, service as a Jobs for Maine's Graduates specialist with similar teacher certification or service for a 12-month period in a child care facility by an individual who has attained child care provider qualifications. See Maine Revised Statutes Title 20-A Sec. 12501-A 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 Reverse vending machine: means an automated device that meets the requirements of rules adopted by the department and that uses a laser scanner or optical sensor and microprocessor to accurately recognize the universal product code on each beverage container and to accumulate information regarding containers redeemed, enabling the reverse vending machine to accept containers from redeemers and to issue script for the containers' refund value. See Maine Revised Statutes Title 38 Sec. 3102 Reviewed year: means the taxable year of a partnership that is subject to a partnership-level audit from which federal adjustments arise. See Maine Revised Statutes Title 36 Sec. 5195 Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust). Rice milk: means any liquid intended for internal human consumption of which the primary protein source is rice protein derived from partially milled brown rice. See Maine Revised Statutes Title 38 Sec. 3102 Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. 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 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 Rule: means a rule adopted by the authority pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II. See Maine Revised Statutes Title 20-A Sec. 11413 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 Sale: includes every contract of purchase or sale, contract to purchase or sell, purchase, sale and disposition of licensed commodities for value. See Maine Revised Statutes Title 7 Sec. 452 SARA: means the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499. See Maine Revised Statutes Title 38 Sec. 2322 Scope of practice: means the extent of the authorization to provide health services or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Maine Revised Statutes Title 37-B Sec. 949-A Secondary market: means the entity created pursuant to section 11407 prior to the enactment of this chapter. See Maine Revised Statutes Title 20-A Sec. 11413 Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1 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 Seller: means any person who sells or contracts to sell licensed commodities in the regular course of business. See Maine Revised Statutes Title 7 Sec. 452 Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations. Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 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. 952Service of process: The service of writs or summonses to the appropriate party. 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 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 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. Sexual violence: means conduct that constitutes:
A. See Maine Revised Statutes Title 20-A Sec. 12981Share exchange: means a business combination pursuant to section 1103. See Maine Revised Statutes Title 13-C Sec. 1101 Sign: means , with present intent to authenticate or adopt a record:
A. See Maine Revised Statutes Title 18-C Sec. 5-902Sign: means , with present intent to authenticate or adopt a record:
A. See Maine Revised Statutes Title 18-C Sec. 5-102Single-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 Site: includes all structures, appurtenances, improvements, equipment, machinery, containers, tanks and conveyances on the site. See Maine Revised Statutes Title 38 Sec. 1362 Slot machine: means any mechanical, electrical or electronic device, contrivance or machine or other device, contrivance or machine that is available to play upon insertion of money or a token, credit or similar object or thing of value, the play of which by the element of chance may deliver or entitle the person playing the device, contrivance or machine to receive cash, tokens or credits to be exchanged for cash, merchandise or anything of value, whether the payoff is made automatically from the device, contrivance or machine or in any other manner, and includes progressive electronic gaming devices with a payoff that increases as the electronic gaming device is played. See Maine Revised Statutes Title 8 Sec. 1001 Slot machine distributor: means a person who is licensed under this chapter to distribute slot machines and associated equipment for use in the State. See Maine Revised Statutes Title 8 Sec. 1001 Slot machine facility: means a facility, not including a casino, at which a slot machine operator operates slot machines. See Maine Revised Statutes Title 8 Sec. 1001 Slot machine operator: means a person, not including a casino operator, who is licensed under this chapter to operate slot machines and associated equipment in the State. See Maine Revised Statutes Title 8 Sec. 1001 Softwood type: means forests in which pine, spruce, fir, hemlock, cedar and larch, singly or in combination, comprise 75% or more of the stocking. See Maine Revised Statutes Title 36 Sec. 573 Solar energy development: means a development that:
A. See Maine Revised Statutes Title 38 Sec. 3201Solid 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 Stalking: means conduct that constitutes the crime of stalking under Title 17?A, section 210?A. See Maine Revised Statutes Title 20-A Sec. 12981 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a Canadian province that is a party to the International Emergency Management Assistance Compact. See Maine Revised Statutes Title 37-B Sec. 949-A State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 38 Sec. 3002 State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam and American Samoa. See Maine Revised Statutes Title 16 Sec. 703 State: includes an Indian tribe or band or Alaskan native village recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 18-C Sec. 2-902 State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam and American Samoa. See Maine Revised Statutes Title 16 Sec. 803 State: means the State of Maine. See Maine Revised Statutes Title 20-A Sec. 10951 State: includes an Indian tribe or band recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 18-C Sec. 5-102 State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1 State dam inspector: means an inspector appointed or hired under section 1117. See Maine Revised Statutes Title 37-B Sec. 1111 State employee: means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20?A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20?A, section 7407, subsection 3?A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
A. See Maine Revised Statutes Title 5 Sec. 17001State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72 State partnership representative: means a partnership's federal partnership representative for the reviewed year unless the partnership designates in writing another person as its state partnership representative. See Maine Revised Statutes Title 36 Sec. 5195 Statute: means an Act of Congress or an act of a state legislature or a provision of the Constitution of the United States or the constitution of a state. See Maine Revised Statutes Title 16 Sec. 703 Statute: means an Act of Congress or an act of a state legislature or a provision of the Constitution of the United States or the constitution of a state. See Maine Revised Statutes Title 16 Sec. 803 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. STEM student: means an undergraduate or graduate student who is a resident of the State and is engaged in the study of science, computer science, technology, engineering or mathematics at an accredited institution of higher education eligible to receive federal assistance under a federal student assistance program authorized under the federal Higher Education Act of 1965, Title IV and has been selected by the authority pursuant to section 12922 to receive a loan. See Maine Revised Statutes Title 20-A Sec. 12921 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 Stocks and bonds: means stocks, bonds, mutual funds and all other types of securities and financial instruments, whether held directly, indirectly or in any other manner. See Maine Revised Statutes Title 18-C Sec. 5-902 Strong sensitizer: means any substance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the commissioner. See Maine Revised Statutes Title 7 Sec. 502 Structure: means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground. See Maine Revised Statutes Title 38 Sec. 436-A 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 Student: means an individual who is enrolled or is seeking to be enrolled in an institution of higher education in this State and is a candidate for a degree or diploma or graduate certificate or has taken a leave of absence as a result of having been a victim of sexual violence, intimate partner violence or stalking. See Maine Revised Statutes Title 20-A Sec. 12981 Student aid index: means a calculation that reflects an evaluation of a student's approximate financial resources to contribute toward the student's postsecondary education for an academic year. See Maine Revised Statutes Title 20-A Sec. 11611 Student loan: means a loan under this chapter to or for the benefit of a student enrolled or to be enrolled in an eligible program of study at an institution of higher education that meets the other requirements of this chapter. See Maine Revised Statutes Title 20-A Sec. 11459 Student pursuing postbaccalaureate certification: means a student who has earned a baccalaureate degree or its equivalent and is pursuing a program of study leading to certification as a teacher or speech pathologist or to the attainment of child care provider qualifications. See Maine Revised Statutes Title 20-A Sec. 12501-A Stumpage value: means the average value of standing timber before it is cut expressed in terms of dollars per unit of measure as determined by the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 573 Subsidiary: means any corporation or company, all or any part of whose outstanding equity securities are owned, subject to a power or right of control, or held, with power to vote, by a holding company or intermediary company. See Maine Revised Statutes Title 8 Sec. 1001 Substandard school or institution of higher education: means an entity without accreditation that offers credentials purported to be degrees without requiring the type and level of academic work typically needed to earn a degree and that:
A. See Maine Revised Statutes Title 20-A Sec. 10801Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1 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 Supervising health care provider: means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who has undertaken primary responsibility for a patient's health care. See Maine Revised Statutes Title 18-C Sec. 5-802 Supplemental loan: means a loan to a student or to a parent to finance the costs of higher education other than a loan guaranteed pursuant to the federal Higher Education Act of 1965, 20 United States Code, Chapter 28. See Maine Revised Statutes Title 20-A Sec. 11413 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. 5-102Surrogate: means an individual with capacity, other than a patient's agent or guardian, authorized under this Part to make health care decisions as provided in section 5?806. See Maine Revised Statutes Title 18-C Sec. 5-802 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 System: means the Maine Community College System. See Maine Revised Statutes Title 20-A Sec. 12701 System: means the Maine Community College System. See Maine Revised Statutes Title 20-A Sec. 12741 System: means the Maine Area Health Education Centers System. See Maine Revised Statutes Title 20-A Sec. 12851 Table game: means a card game, dice game or other game of chance, including, but not limited to, blackjack, poker, dice, craps, roulette, baccarat, money wheels, wheel of fortune or an electronic table game located in a casino. See Maine Revised Statutes Title 8 Sec. 1001 Table game distributor: means a person who is licensed under this chapter to distribute table games and associated equipment for use in the State. See Maine Revised Statutes Title 8 Sec. 1001 Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111 Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501 Taxpayer: means any person required to file a return under this Title or to pay, withhold and pay over or collect and pay over any tax imposed by this Title. See Maine Revised Statutes Title 36 Sec. 111 Teacher: includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. See Maine Revised Statutes Title 5 Sec. 17001 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 Telecommunications business: means a person engaged in the activity of providing interactive 2-way communication services for compensation. See Maine Revised Statutes Title 36 Sec. 457 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 Terminal condition: means an incurable and irreversible condition that, without the administration of life-sustaining treatment, in the opinion of the primary physician, will result in death within a relatively short time. See Maine Revised Statutes Title 18-C Sec. 5-802 Testate: To die leaving a will. 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. Tiered partner: means a partner that is a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195 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 Title IX coordinator: means the employee at an institution of higher education who is responsible for institutional compliance with the so-called Title IX provisions of the federal Education Amendments of 1972, Public Law 92-318, as amended. See Maine Revised Statutes Title 20-A Sec. 12981 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. 7201Ton: means 2,000 pounds. See Maine Revised Statutes Title 38 Sec. 580-A Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Toxic: means any substance other than a radioactive substance that has the inherent capacity to produce bodily injury or illness to humans through ingestion, inhalation or absorption through any body surface. See Maine Revised Statutes Title 7 Sec. 502 Toxic chemical: means a chemical that has been identified as a chemical of concern pursuant to section 1693 or a chemical the use or release of which is subject to reporting under the SARA, Title III, Section 312 or 313. See Maine Revised Statutes Title 38 Sec. 2322 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 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. 1272 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. Transmission and distribution plant: means all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the transmission, distribution or delivery of electricity for light, heat or power for public use and includes all conduits, ducts and other devices, materials, apparatus and property for containing, holding or carrying conductors used, or to be used, for the transmission or distribution of electricity for light, heat or power for public use. See Maine Revised Statutes Title 35-A Sec. 102 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. 102Trauma-informed response: means a response by an individual who has received specific training in the complexities of trauma caused by intimate partner violence, sexual violence or stalking including training on:
A. See Maine Revised Statutes Title 20-A Sec. 12981Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. 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 Trust: means :
A. See Maine Revised Statutes Title 18-C Sec. 2-902Trustee: A person or institution holding and administering property in trust. 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 Trustees: means the Trustees of the University of Maine System. See Maine Revised Statutes Title 20-A Sec. 10901 Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. Undergraduate: means an individual who has not been awarded any baccalaureate degree and who is currently enrolled or accepted for enrollment as a full-time student at an institution of higher education, including a graduating high school senior. See Maine Revised Statutes Title 20-A Sec. 12501-A Underground oil storage facility: has the meaning set out in section 562?A, subsection 21. See Maine Revised Statutes Title 38 Sec. 1392 Underserved area: means an area in the State that is a health professional shortage area or medically underserved area or that contains a medically underserved population, as those terms are defined by the federal Department of Health and Human Services, Health Resources and Services Administration. See Maine Revised Statutes Title 20-A Sec. 12951 Underserved geographic areas: means those geographic areas of the State where there is an insufficient supply of teachers or speech pathologists as determined by the chief executive officer in consultation with the commissioner. See Maine Revised Statutes Title 20-A Sec. 12501-A Underserved geographic region: means a geographic region of the State in which there is an insufficient number of practitioners of veterinary medicine, as determined by the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 20-A Sec. 12121 Underserved group: means a population group in the State receiving insufficient primary health care, as determined by the Commissioner of Health and Human Services. See Maine Revised Statutes Title 20-A Sec. 12101 Underserved population area: means an area in the State that is a dental health professional shortage area or medically underserved area or that contains a medically underserved population as defined by the federal Department of Health and Human Services, Health Resources and Services Administration. See Maine Revised Statutes Title 20-A Sec. 12301 Underserved specialty: means a medical specialty in which there are insufficient practitioners either throughout the State or within a designated geographic area of the State, as determined by rule of the Commissioner of Health and Human Services. See Maine Revised Statutes Title 20-A Sec. 12101 Underserved subject areas: means those subjects or programs, required or authorized to be taught in the public schools, for which there is an insufficient supply of teachers or speech pathologists as determined by the chief executive officer in consultation with the commissioner. See Maine Revised Statutes Title 20-A Sec. 12501-A Unflavored soymilk: means any liquid containing no additional flavoring ingredients and intended for internal human consumption, the primary protein source of which is soy protein derived from whole soybeans, isolated soy protein, soy protein concentrate, soy flour, spray-dried tofu or spray-dried soymilk. See Maine Revised Statutes Title 38 Sec. 3102 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Uniform location agreement: means a written agreement in a form prescribed by the board between a slot machine operator or casino operator and a slot machine distributor or table game distributor that governs the terms and conditions of that agreement, including the placement of slot machines or table games on the premises of the slot machine operator or casino operator. See Maine Revised Statutes Title 8 Sec. 1001 University: means the University of Maine System. See Maine Revised Statutes Title 20-A Sec. 10901 University: means the body politic and corporate, established by Private and Special Law 1865, chapter 532, under the name of the "Trustees of the State College of Agriculture and Mechanic Arts" its name having been changed to the "University of Maine" by Private and Special Law 1897, chapter 551, and which is an instrumentality and agency of the State for the purpose for which it was established and for which it has been managed and maintained under Private and Special Law 1865, chapter 532, and supplementary legislation relating thereto, including section 10903; Private and Special Law 1967, chapter 229; Private and Special Law 1969, chapter 238; and Public Law 1985, chapter 779. See Maine Revised Statutes Title 20-A Sec. 10951 University: means the University of Maine System. See Maine Revised Statutes Title 20-A Sec. 10981 Unmet need: means the difference between the total cost of attendance for an academic year at an institution of higher education and the total of all sources of financial assistance, including loans, grants, work-study programs and all other available sources, as determined by the authority by rules adopted in accordance with Title 5, chapter 375. See Maine Revised Statutes Title 20-A Sec. 11459 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 Uphold: The decision of an appellate court not to reverse a lower court decision. Use: means to manufacture, process or otherwise use a priority toxic chemical or to use a product or material that contains a priority toxic chemical if so designated by the department in rules adopted under this chapter. See Maine Revised Statutes Title 38 Sec. 2322 Use or consumption: means the exercise of any right or power over a beverage incident to the ownership thereof, other than the sale, storage or retention for the purpose of sale of a beverage. See Maine Revised Statutes Title 38 Sec. 3102 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 Value: means fair market value as of the date of the attachment or, in a proceeding under the United States Code, Title 11, the date of the filing of the petition. See Maine Revised Statutes Title 14 Sec. 4421 Value of the annual net wood production: means the average annual net wood production rate per acre for a forest type multiplied by the weighted average of the stumpage values of all species in the type. See Maine Revised Statutes Title 36 Sec. 573 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Veterinary services: means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:
A. See Maine Revised Statutes Title 37-B Sec. 949-AVoice 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 Volunteer health practitioner: means a health practitioner who provides health services or veterinary services while an emergency declaration is in effect, whether or not the practitioner receives compensation for those services. See Maine Revised Statutes Title 37-B Sec. 949-A Waste: means refuse, garbage, rubbish, trash or unwanted or discarded materials of any kind and source. See Maine Revised Statutes Title 38 Sec. 582 Waterway: means the St. See Maine Revised Statutes Title 38 Sec. 992 Wellhead protection zone: means :
A. See Maine Revised Statutes Title 38 Sec. 1392Wetlands: 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 Wildlife 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 Wine cooler: means a beverage of less than 8% alcohol content by volume consisting of wine and:
A. See Maine Revised Statutes Title 38 Sec. 3102Working 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