Sections
Chapter 1661 General Provisions 7701 – 7707
Chapter 1663 Licenses 7801 – 7807
Chapter 1664 Assisted Housing Programs 7851 – 7863
Chapter 1666 Patients’ Rights 7921 – 7925
Chapter 1666-A Appointment of Receivers 7931 – 7938
Chapter 1666-B Intermediate Sanctions and Incentives for Improving the Quality of Care in Long-Term Care Facilities 7941 – 7949
Chapter 1667 Drug Treatment Centers 8001 – 8005
Chapter 1669 Children’S Homes 8101 – 8109
Chapter 1671 Child Placing Agency 8201 – 8206
Chapter 1673 Child Care Facilities 8301-A – 8307
Chapter 1674 Investigation of Out-of-Home Child Abuse and Neglect 8351 – 8358
Chapter 1675 Nursery Schools 8401 – 8405
Chapter 1677 Emergency Services for Victims of Family Violence 8501
Chapter 1678 Alzheimer Special Care Programs 8551 – 8552
Chapter 1679 Adult Day Care Program 8601 – 8606
Chapter 1680 Maine Hospice Council 8611 – 8615
Chapter 1681 Licensing of Hospice Programs 8621 – 8631
Chapter 1683 Maine Health Data Organization 8701 – 8717
Chapter 1684 Sentinel Events Reporting 8751 – 8756
Chapter 1684-A Screening for Methicillin-Resistant Staphylococcus Aureus and Clostridium Difficile 8761
Chapter 1686 Newborn Hearing Program 8821 – 8825
Chapter 1687 Birth Defects Program 8941 – 8945
Chapter 1689 Veterans’ Adult Day Health Care Programs 9001 – 9005
Chapter 1691 Maine Background Check Center Act 9051 – 9065

Terms Used In Maine Revised Statutes > Title 22 > Subtitle 6

  • Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these, failure to ensure compliance with school attendance requirements under Title 20-A, section 3272, subsection 2, paragraph B or Title 20-A, section 5051-A, subsection 1, paragraph C by a person responsible for the child. See Maine Revised Statutes Title 38 Sec. 402
  • 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 14 Sec. 2624
  • Actuarial equivalent: means an amount of equal value when computed at an interest rate contained in actuarial assumptions adopted by the board and upon the basis of mortality and service tables adopted by the board. See Maine Revised Statutes Title 14 Sec. 2624
  • Adoptee: means a person who will be or who has been adopted, regardless of whether the person is a child or an adult. See Maine Revised Statutes Title 38 Sec. 410-N
  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 15 Sec. 225
  • Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 38 Sec. 410-N
  • Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 29-A Sec. 2418
  • adult day care program: means a program of care, activities and protection maintained or carried out on a regular basis by a person or combination of persons in a private dwelling or other facility, for consideration, for any part of a day for 3 or more adults, 19 years of age or older, who are not blood relatives and are coming to the facility for the express purpose of participating in this program. See Maine Revised Statutes Title 38 Sec. 411-C
  • 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.
  • 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
  • Allegation: something that someone says happened.
  • Alzheimer special care program: means a special program or secure, locked or segregated unit within one of the following entities for individuals with a diagnosis of probable Alzheimer's disease or a related disorder to prevent or limit access by an individual to areas outside the designated or separated program or area and that advertises, markets or otherwise promotes that entity as providing specialized Alzheimer or dementia care services:
A. See Maine Revised Statutes Title 38 Sec. 411-A
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • 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
  • Approved public treatment facility: means an alcohol treatment facility operating under the direction and control of the department or providing treatment under this subchapter through a contract with the department under section 20008, or any facility funded in whole or in part by municipal, state or federal funds. See Maine Revised Statutes Title 19-A Sec. 2253
  • Approved treatment facility: means a public or private alcohol treatment facility meeting standards approved by the department in accordance with section 20005 and licensed pursuant to subchapter 5 and other applicable provisions of state law. See Maine Revised Statutes Title 19-A Sec. 2253
  • Aquatic life: means any plants or animals which live at least part of their life cycle in fresh water. See Maine Revised Statutes Title 38 Sec. 466
  • Arrest: Taking physical custody of a person by lawful authority.
  • As naturally occurs: means conditions with essentially the same physical, chemical and biological characteristics as found in situations with similar habitats free of measurable effects of human activity. See Maine Revised Statutes Title 38 Sec. 466
  • Assessor: means the State Tax Assessor, except that, in Part 2, Property Taxes, it means the State Tax Assessor with respect to the unorganized territory and the respective municipal assessors or chief assessors of primary assessing areas with respect to the organized areas. See Maine Revised Statutes Title 36 Sec. 111
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assisted housing program: means an independent housing with services program, an assisted living program or a program of housing and services provided by a residential care facility. See Maine Revised Statutes Title 36 Sec. 1102
  • Assisted living program: means a program of assisted living services provided to residents in private apartments in buildings that include a common dining area, either directly by the provider or indirectly through contracts with persons, entities or agencies. See Maine Revised Statutes Title 36 Sec. 1102
  • Assisted living services: means the provision by an assisted housing program, either directly by the provider or indirectly through contracts with persons, entities or agencies, of assisted housing services, assisted housing services with the addition of medication administration or assisted housing services with the addition of medication administration and nursing services. See Maine Revised Statutes Title 36 Sec. 1102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Average final compensation: means :
  • A. See Maine Revised Statutes Title 14 Sec. 2624
  • Background check: means the collection of personally identifiable information and data for comparison with criminal record repositories and registry databases that are relevant to an individual's identity and background, including monitoring for future offenses through a rap back monitoring program. See Maine Revised Statutes Title 38 Sec. 449
  • Background Check Center: means the entity established under section 9052 to operate the Internet-based system maintained by the department pursuant to section 9054 that is designed to integrate and analyze data streams from various sources and is used by providers when conducting background checks on potential or current direct access workers. See Maine Revised Statutes Title 38 Sec. 449
  • Background check report: means a comprehensive report generated by the Background Check Center based on a search and analysis of data stored in federal and state criminal record repositories, registry databases or agencies, including, but not limited to, the Federal Bureau of Investigation; the Department of Public Safety, State Bureau of Identification; abuse and neglect, sex offender and employment-related registries; professional licensing authorities; and Medicare and Medicaid exclusion databases. See Maine Revised Statutes Title 38 Sec. 449
  • Ballot label: means that portion of the cardboard, paper or other material to be placed within the ballot frames of a voting machine containing the items required of a paper ballot. See Maine Revised Statutes Title 36 Sec. 328
  • Bank: means the Maine Municipal Bond Bank, established under Title 30-A, chapter 225. See Maine Revised Statutes Title 23 Sec. 1611
  • 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.
  • Basement: means any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below the existing ground level. See Maine Revised Statutes Title 38 Sec. 436-A
  • 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 14 Sec. 2624
  • 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
  • Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 14 Sec. 2624
  • Bereavement services: means emotional support services related to the death of a family member, including, but not limited to, counseling, provision of written material, social reorientation and group support for up to one year following the death of the client who was terminally ill. See Maine Revised Statutes Title 22 Sec. 8621
  • 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
  • Block: means an area defined as a block in the United States Census for 1990. See Maine Revised Statutes Title 38 Sec. 465-A
  • Block group: means an area comprising all of the blocks within a tract or BNA whose census data labels begin with the same digit. See Maine Revised Statutes Title 38 Sec. 465-A
  • 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 14 Sec. 2624
  • Board: means the Board of Directors of the Maine Health Data Organization established pursuant to section 8703. See Maine Revised Statutes Title 38 Sec. 418
  • 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 Newborn Hearing Screening Advisory Board. See Maine Revised Statutes Title 38 Sec. 437
  • Board: means a bureau, board or commission listed in Title 10, section 8001 or 8001-A, other licensor that is affiliated with or is a part of the Department of Professional and Financial Regulation, the Board of Overseers of the Bar or any other state agency or municipality that issues a license authorizing a person to engage in a business, occupation, profession or industry and any state agency, bureau, board, commission or municipality that issues a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity. See Maine Revised Statutes Title 19-A Sec. 2101
  • Bureau: means the Bureau of Revenue Services, which may be referred to as "Maine Revenue Services. See Maine Revised Statutes Title 36 Sec. 111
  • Bureau: means the Department of Public Safety, State Bureau of Identification. See Maine Revised Statutes Title 38 Sec. 449
  • Business day: means any day of the calendar year other than a Saturday, Sunday or legal holiday. See Maine Revised Statutes Title 36 Sec. 328
  • Candidate: means any person who has filed a petition under either sections 335 and 336 or sections 354 and 355 and has qualified as a candidate by either procedure, or any person who has received contributions or made expenditures or has given his consent for any other person to receive contributions or make expenditures with the intent of qualifying as a candidate. See Maine Revised Statutes Title 36 Sec. 328
  • Care plan: means a written service delivery plan that the interdisciplinary team, in conjunction with the client, shall develop to reflect the changing care needs of the client. See Maine Revised Statutes Title 22 Sec. 8621
  • Caucus: means a meeting of a political party or committee. See Maine Revised Statutes Title 36 Sec. 328
  • Census unit: means a block, block group, BNA or tract. See Maine Revised Statutes Title 38 Sec. 465-A
  • Central voter registration system: means a single electronic information system and database for voter registration information maintained by the Secretary of State and used by all municipal jurisdictions in the State. See Maine Revised Statutes Title 36 Sec. 328
  • Certified candidate: means a candidate running for Governor, State Senator or State Representative who chooses to participate in the Maine Clean Election Act and who is certified as a Maine Clean Election Act candidate under section 1125, subsection 5. See Maine Revised Statutes Title 38 Sec. 448
  • 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.
  • Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 14 Sec. 2624
  • Child: means any person who is less than 18 years of age. See Maine Revised Statutes Title 38 Sec. 402
  • Child: means a person who is under 18 years of age. See Maine Revised Statutes Title 38 Sec. 410-N
  • Child: means a person who has not attained 18 years of age. See Maine Revised Statutes Title 29-A Sec. 2418
  • Child care facility: means a child care center, small child care facility or nursery school. See Maine Revised Statutes Title 36 Sec. 1499-B
  • Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 15 Sec. 225
  • child placing agency: means a facility which advertises itself or holds itself out as finding homes for or otherwise placing children under the age of 18, in homes where care is provided on the basis of 24 hours a day. See Maine Revised Statutes Title 36 Sec. 1495
  • Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 29-A Sec. 2487
  • children: means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301-A, that provides services to these children. See Maine Revised Statutes Title 36 Sec. 764
  • Client: means the person who is receiving the hospice services. See Maine Revised Statutes Title 22 Sec. 8621
  • Client: means a person who is required to complete an alcohol and other drug education, evaluation and treatment program for an alcohol-related or drug-related motor vehicle offense. See Maine Revised Statutes Title 19-A Sec. 2363
  • Client: means a person who receives services from a home health agency, long-term care facility, general and specialty hospital, critical access hospital, ambulatory surgical facility, hospice agency or end-stage renal disease unit. See Maine Revised Statutes Title 36 Sec. 1131
  • Clinical data: includes but is not limited to the data required to be submitted by providers and payors pursuant to sections 8708 and 8711. See Maine Revised Statutes Title 38 Sec. 418
  • Coastal wetlands: means all tidal and subtidal lands; all lands with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. See Maine Revised Statutes Title 38 Sec. 436-A
  • Combined sewer overflow: means a discharge of excess wastewater from a municipal or quasi-municipal sewerage system that conveys both sanitary wastes and storm water in a single pipe system and that is in direct response to a storm event or snowmelt. See Maine Revised Statutes Title 38 Sec. 466
  • Commercial fishing: means harvesting or processing, or both, of wild marine organisms with the intent of disposing of them for profit or trade in commercial channels. See Maine Revised Statutes Title 36 Sec. 1132
  • Commercial fishing activities: means commercial aquacultural production and commercial fishing. See Maine Revised Statutes Title 36 Sec. 1132
  • Commission: means the Commission on Governmental Ethics and Election Practices established by Title 5, section 12004-G, subsection 33. See Maine Revised Statutes Title 38 Sec. 448
  • Commission: means the Substance Use Disorder Services Commission, as established by section 12004-G, subsection 13-C. See Maine Revised Statutes Title 19-A Sec. 2253
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2253
  • Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 29-A Sec. 2418
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Consumer Price Index: means :
  • A. See Maine Revised Statutes Title 14 Sec. 2624
  • Contingent offer of employment: means an offer of employment as a direct access worker that is based upon receipt of a final nondisqualifying background check report and that may be withdrawn if a disqualifying final background check report is issued. See Maine Revised Statutes Title 38 Sec. 449
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Council: means the Maine Hospice Council established by section 8611. See Maine Revised Statutes Title 22 Sec. 8621
  • Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 14 Sec. 2624
  • Criminal charge without disposition: means a charge that appears on an individual's criminal history record that has not been finally disposed at the time the criminal record is reviewed. See Maine Revised Statutes Title 38 Sec. 449
  • Critical access hospital: means a hospital that must first be designated and approved by the State, as long as the State also has established an approved rural hospital flexibility program, and that meets the conditions in effect on March 1, 2004 for critical access hospital status under the federal Medicare program. See Maine Revised Statutes Title 36 Sec. 1131
  • 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
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custodial parent: means a parent, caretaker relative or legal custodian of a dependent child who is the child's primary residential care provider. See Maine Revised Statutes Title 19-A Sec. 2101
  • Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 38 Sec. 402
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 36 Sec. 1139
  • Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 14 Sec. 2624
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 38 Sec. 410-N
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2253
  • Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 29-A Sec. 2418
  • Dependent: A person dependent for support upon another.
  • Dependent child: means any minor child who is not emancipated. See Maine Revised Statutes Title 19-A Sec. 2101
  • 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.
  • Direct access: means access to the property, personally identifiable information, financial information and resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other protected individual served by a provider subject to this chapter. See Maine Revised Statutes Title 38 Sec. 449
  • Direct access worker: includes but is not limited to the following individuals:
  • A. See Maine Revised Statutes Title 38 Sec. 449
  • Direct discharge: means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. See Maine Revised Statutes Title 38 Sec. 466
  • Direct service provider: means employees or volunteers who provide hospice services directly to a client. See Maine Revised Statutes Title 22 Sec. 8621
  • Directed plan of correction: means a plan of correction issued by the department which directs a long-term care facility how to correct a deficiency or deficiencies of state licensing rules and when the correction must be made. See Maine Revised Statutes Title 36 Sec. 1139
  • disabled: means mentally or physically incapacitated: [1985, c. See Maine Revised Statutes Title 5 Sec. 17901
  • 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:
  • Disposable earnings: means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld. See Maine Revised Statutes Title 19-A Sec. 2101
  • Disqualifying offense: means an event in a person's background that has resulted in a database or registry notation or criminal record report that is relevant to the health and safety of protected individuals and that is included on the list of disqualifying offenses adopted in rules pursuant to this chapter that mandate a prohibition or exclusion from direct access employment. See Maine Revised Statutes Title 38 Sec. 449
  • Division: means the division of licensing and regulatory services within the department. See Maine Revised Statutes Title 38 Sec. 402
  • Division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 38 Sec. 424
  • division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 36 Sec. 764
  • Docket: A log containing brief entries of court proceedings.
  • Domestic partner: means the partner of a voter who:
  • A. See Maine Revised Statutes Title 36 Sec. 328
  • Domestic pollutants: means any material, including, without limitation, sanitary wastes, waste water from household activities or waste waters with similar chemical characteristics, which are generated at residential or commercial locations. See Maine Revised Statutes Title 38 Sec. 466
  • Domestic relations order: means a judgment, decree or order, including approval of a property settlement agreement, that:
  • A. See Maine Revised Statutes Title 14 Sec. 2624
  • Donor: The person who makes a gift.
  • drug treatment center: as used in this subtitle , shall mean a residential facility, not licensed as a medical care facility under chapter 405, for the care, treatment or rehabilitation of drug users, including alcohol users. See Maine Revised Statutes Title 36 Sec. 1281
  • Drug user: means a person who uses any drugs, dependency-related drugs or hallucinogens in violation of any law of the State. See Maine Revised Statutes Title 19-A Sec. 2253
  • Earnable compensation: includes :
  • (1) Workers' compensation benefits;
    (2) Maintenance, if any;
    (3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and
    (4) Pick-up contributions. See Maine Revised Statutes Title 14 Sec. 2624
  • Earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and all gain derived from capital, from labor or from both combined, including profit gained through sale or conversion of capital assets, and unemployment compensation benefits and workers' compensation benefits. See Maine Revised Statutes Title 19-A Sec. 2101
  • Election cycle: means the period beginning on the day after the general election for any state, county or municipal office and ending on the day of the next general election for that office. See Maine Revised Statutes Title 38 Sec. 448
  • Election official: means a warden, ward clerk, deputy warden or election clerk. See Maine Revised Statutes Title 36 Sec. 328
  • Election year: means the calendar year within which a particular election is held. See Maine Revised Statutes Title 36 Sec. 328
  • Electoral division: means an area set off for election purposes. See Maine Revised Statutes Title 36 Sec. 328
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • 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 a situation, physical condition or one or more practices, methods or operations which presents imminent danger of death or serious physical or mental harm to residents, including, but not limited to, imminent or actual abandonment of an occupied facility. See Maine Revised Statutes Title 36 Sec. 1131
  • Employee: means :
  • A. See Maine Revised Statutes Title 14 Sec. 2624
  • Employer: includes a provider, a temporary nurse agency, a personal care agency and a placement agency. See Maine Revised Statutes Title 38 Sec. 449
  • employment: means any activity involving direct access services including employment for wages, contracting for temporary staff or use of unsupervised volunteers or students who perform functions similar to those performed by direct access workers. See Maine Revised Statutes Title 38 Sec. 449
  • End-stage renal disease unit: means a facility that provides specialized services to assist individuals who have been diagnosed as having an irreversible and permanent kidney disease that requires dialysis or kidney transplantation to maintain life. See Maine Revised Statutes Title 36 Sec. 1131
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estuarine and marine life: means any plants or animals which live at least part of their life cycle in salt water. See Maine Revised Statutes Title 38 Sec. 466
  • 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.
  • Executive director: means the executive director of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 14 Sec. 2624
  • 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
  • facility: means a state institution as defined under Title 34-B, chapter 1 or a health care facility licensed by the division, except that it does not include a facility licensed as a nursing facility or licensed under chapter 1664. See Maine Revised Statutes Title 38 Sec. 424
  • facility: means any of the places defined in section 8001, 8101, 8201 or 8301-A, subsection 1-A, paragraph B. See Maine Revised Statutes Title 36 Sec. 764
  • Facility: means any assisted living facility, residential care facility or assisted housing program subject to licensure pursuant to chapters 1663 and 1664, any nursing facility or unit subject to licensure pursuant to chapter 405 and any private psychiatric hospital subject to licensure pursuant to chapter 405. See Maine Revised Statutes Title 36 Sec. 1131
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family: means a spouse, primary caregiver, biological relatives and individuals with close personal ties to the client. See Maine Revised Statutes Title 22 Sec. 8621
  • Family child care provider: means a person who provides day care in that person's home on a regular basis, for consideration, for 3 to 12 children under 13 years of age who are not the children of the provider or who are not residing in the provider's home. See Maine Revised Statutes Title 36 Sec. 1499-B
  • Family foster home: means a children's home, other than an Indian foster family home, that is a private dwelling where substitute parental care is provided within a family on a regular, 24-hour a day, residential basis. See Maine Revised Statutes Title 36 Sec. 1285
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial data: includes but is not limited to financial information required to be submitted pursuant to section 8709. See Maine Revised Statutes Title 38 Sec. 418
  • 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.
  • Floodway: means the channel of a river or other water course and the adjacent land areas that must be reserved to allow for the discharge of a 100-year flood without cumulatively increasing the water surface elevation of the 100-year flood by more than one foot. See Maine Revised Statutes Title 38 Sec. 436-A
  • Footprint: means the entire area of ground covered by the structures on a premises, including cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks. See Maine Revised Statutes Title 38 Sec. 436-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 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
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Functionally water-dependent uses: means those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that can not be located away from these waters. See Maine Revised Statutes Title 38 Sec. 436-A
  • Fund: means the Maine Clean Election Fund established in section 1124. See Maine Revised Statutes Title 38 Sec. 448
  • 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
  • GARVEE bond: means a grant anticipation revenue vehicle debt financing instrument repaid with federal highway funds as authorized by 23 United States Code, Section 122. See Maine Revised Statutes Title 23 Sec. 1611
  • General election: means the regular election of state and county officials occurring biennially in November. See Maine Revised Statutes Title 36 Sec. 328
  • General hospital: means an acute health care facility with permanent inpatient beds planned, organized, operated and maintained to offer on a continuous basis facilities and services for the diagnosis and treatment of illness, injury and deformity that has a governing board and an organized medical staff, offering a continuous 24-hour professional nursing care plan to provide continuous 24-hour emergency treatment and that includes the following services or organizational units:
  • A. See Maine Revised Statutes Title 36 Sec. 1131
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the entity that establishes policy and is legally responsible for the overall operation of a hospice program. See Maine Revised Statutes Title 22 Sec. 8621
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grandfathered employee: means an individual subject to the requirements of this chapter who has been employed prior to the effective date of this chapter and is subject to section 9058. See Maine Revised Statutes Title 38 Sec. 449
  • Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 15 Sec. 225
  • Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 15 Sec. 225
  • Great pond: means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. See Maine Revised Statutes Title 38 Sec. 436-A
  • Guardian: 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.
  • Habitual violation: means a violation of state or federal law which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents. See Maine Revised Statutes Title 36 Sec. 1131
  • Health care facility: means a public or private, proprietary or not-for-profit entity or institution providing health services, including, but not limited to, a radiological facility licensed under chapter 160, a health care facility licensed under chapter 405, an independent radiological service center, a federally qualified health center certified by the United States Department of Health and Human Services, Health Resources and Services Administration, a rural health clinic or rehabilitation agency certified or otherwise approved by the Division of Licensing and Regulatory Services within the Department of Health and Human Services, a home health care provider licensed under chapter 419, an assisted living program or a residential care facility licensed under chapter 1663, a hospice provider licensed under chapter 1681, a state institution as defined under Title 34-B, chapter 1 and a mental health facility licensed under Title 34-B, chapter 1. See Maine Revised Statutes Title 38 Sec. 418
  • Health care facility: includes a general and specialty hospital, an ambulatory surgical facility, an end-stage renal disease facility and an intermediate care facility for persons with intellectual disabilities or other developmental disabilities. See Maine Revised Statutes Title 38 Sec. 424
  • Health care practitioner: has the meaning provided in Title 24, section 2502, subsection 1-A. See Maine Revised Statutes Title 38 Sec. 418
  • Hearing loss: means a hearing loss of 30 decibels or more in the frequency region important for speech recognition and comprehension in one or both ears. See Maine Revised Statutes Title 38 Sec. 437
  • Height of a structure: means the vertical distance between the mean original grade at the downhill side of the structure, prior to construction, and the highest point of the structure, excluding chimneys, steeples, antennas and similar appurtenances that have no floor area. See Maine Revised Statutes Title 38 Sec. 436-A
  • HIPAA: means the federal Health Insurance Portability and Accountability Act of 1996. See Maine Revised Statutes Title 38 Sec. 418
  • home health care provider: includes any business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, that is engaged in providing speech pathology services. See Maine Revised Statutes Title 36 Sec. 1131
  • 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
  • Hospice agency: means a public agency or private organization that is primarily engaged in providing specified services to terminally ill individuals and their families. See Maine Revised Statutes Title 36 Sec. 1131
  • Hospice philosophy: means a philosophy of palliative care for individuals and families during the process of dying and bereavement. See Maine Revised Statutes Title 22 Sec. 8621
  • hospice provider: means a distinct, clearly recognizable entity that exists to provide hospice services. See Maine Revised Statutes Title 22 Sec. 8621
  • Hospice services: means a range of interdisciplinary services provided on a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and that person's family. See Maine Revised Statutes Title 22 Sec. 8621
  • Hub: means an organization licensed by the department that provides timely access to comprehensive, integrated assessment, treatment and recovery support for individuals with substance use disorder, including but not limited to opioid use disorders. See Maine Revised Statutes Title 19-A Sec. 2253
  • Immediate family: means a person's spouse, parent, grandparent, child, grandchild, sister, half-sister, brother, half-brother, stepparent, stepgrandparent, stepchild, stepgrandchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, guardian, former guardian, domestic partner, the half-brother or half-sister of a person's spouse, or the spouse of a person's half-brother or half-sister. See Maine Revised Statutes Title 36 Sec. 328
  • Immediate jeopardy: means a situation in which the provider's noncompliance with one or more conditions of participation in the federal Medicare program has caused, or is likely to cause, serious injury, harm or impairment to or death of a patient. See Maine Revised Statutes Title 38 Sec. 424
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 15 Sec. 225
  • Indian foster family home: means a foster home licensed, approved or specified by the Indian child's tribe where substitute parental care is provided for an Indian child as defined in the Indian Child Welfare Act, 25 United States Code, Section 1901, et seq. See Maine Revised Statutes Title 36 Sec. 1285
  • 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.
  • Indigenous: means supported in a reach of water or known to have been supported according to historical records compiled by State and Federal agencies or published scientific literature. See Maine Revised Statutes Title 38 Sec. 466
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 15 Sec. 225
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Integrated medication-assisted treatment: means a treatment method that combines medication approved by the federal Food and Drug Administration for the treatment of substance use disorder with counseling, urine drug screening and behavioral therapy that has proven effective in treating substance use disorder. See Maine Revised Statutes Title 19-A Sec. 2253
  • Inter vivos: Transfer of property from one living person to another living person.
  • interdisciplinary team: means a group comprised of at least a medical director, a licensed nurse, a licensed social worker, a pastoral or other counselor and a volunteer coordinator or representative. See Maine Revised Statutes Title 22 Sec. 8621
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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.
  • Intestate: Dying without leaving a will.
  • Invasive species: means an invasive animal as determined by the Department of Inland Fisheries and Wildlife or an invasive aquatic plant as listed under section 410-N or as determined by the department. See Maine Revised Statutes Title 38 Sec. 466
  • investigation team: means individuals employed by the division to investigate allegations of out-of-home child abuse or neglect. See Maine Revised Statutes Title 38 Sec. 402
  • Jeopardy: means serious abuse or neglect, as evidenced by:
  • A. See Maine Revised Statutes Title 38 Sec. 402
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 15 Sec. 225
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Levels of care: means the continuum of recovery-oriented services that reflect an individual's risks, needs, strengths, resources and skills as determined by an assessment with standardized placement criteria conducted by a qualified clinician. See Maine Revised Statutes Title 19-A Sec. 2253
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry, and a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity, but does not mean a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9-B. See Maine Revised Statutes Title 19-A Sec. 2101
  • Licensed: means holding the whole or any part of any permit, certificate, approval, registration, charter or similar form of permission required by law that represents an exercise of the State's regulatory or police powers. See Maine Revised Statutes Title 38 Sec. 402
  • Licensed child-placing agency: means an agency, person, group of persons, organization, association or society licensed to operate in this State pursuant to Title 22, chapter 1671. See Maine Revised Statutes Title 38 Sec. 410-N
  • Licensee: means any person or any other legal entity, other than a receiver appointed under section 7933, who is licensed or required to be licensed to operate a facility. See Maine Revised Statutes Title 36 Sec. 1131
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life Safety Code: means the current edition of the National Fire Protection Association Life Safety Code 101. See Maine Revised Statutes Title 36 Sec. 1102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Long-term care facility: means an assisted living program or residential care facility subject to licensure pursuant to chapters 1663 and 1664 and a nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405. See Maine Revised Statutes Title 36 Sec. 1139
  • Long-term care facility: means any assisted housing program licensed pursuant to chapter 1663 or this chapter and any nursing facility or unit licensed pursuant to chapter 405. See Maine Revised Statutes Title 36 Sec. 1102
  • Long-term care facility: means any facility program of assisted living licensed pursuant to chapters 1663 and 1664, and any nursing facility or unit licensed pursuant to chapter 405. See Maine Revised Statutes Title 36 Sec. 1115
  • Major party: means a political party polling the greatest or the next greatest number of votes cast for Governor at the last gubernatorial election. See Maine Revised Statutes Title 36 Sec. 328
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Maritime activities: means the construction, repair, storage, loading and unloading of boats, chandlery and other commercial activities designed and intended to facilitate maritime trade. See Maine Revised Statutes Title 38 Sec. 436-A
  • may: when used in this Title, is used in a permissive sense to grant authority or permission, but not to create duty, to act in the manner specified by the context. See Maine Revised Statutes Title 36 Sec. 457
  • Medical director: means a licensed physician who oversees the medical components of hospice services and serves on the interdisciplinary team. See Maine Revised Statutes Title 22 Sec. 8621
  • Medical provider: means a physician or clinical psychologist. See Maine Revised Statutes Title 14 Sec. 2624
  • Medical support: means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise or for other medical costs not covered by insurance. See Maine Revised Statutes Title 29-A Sec. 2487
  • 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 14 Sec. 2624
  • Membership service: means service rendered while a member of a retirement program of the retirement system on account of which contributions are made and for which credit is allowable under chapter 423, subchapter 4 or chapter 425, subchapter 4. See Maine Revised Statutes Title 14 Sec. 2624
  • Minor party: means a political party other than a major party. See Maine Revised Statutes Title 36 Sec. 328
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month. See Maine Revised Statutes Title 15 Sec. 225
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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 clerk: means the clerk, deputy clerk or assistant clerk, where directed by the clerk to carry out duties under this Title, of a municipality. See Maine Revised Statutes Title 36 Sec. 328
  • Municipal committee: means a city, town or ward committee of a political party. See Maine Revised Statutes Title 36 Sec. 328
  • Municipal officers: means the mayor and aldermen or councillors of a city, the selectmen or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 36 Sec. 328
  • Municipal officers: means the mayor and aldermen or councillors of a city, the selectmen or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 15 Sec. 225
  • Municipal officers: shall mean the mayor and aldermen of cities, the selectmen of towns and the assessors of plantations. See Maine Revised Statutes Title 36 Sec. 501
  • Municipality: means a city, town or plantation. See Maine Revised Statutes Title 36 Sec. 328
  • 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 15 Sec. 225
  • Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
  • 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
  • Natural: means living in, or as if in, a state of nature not measurably affected by human activity. See Maine Revised Statutes Title 38 Sec. 466
  • Near miss: means an event or situation that did not produce patient injury, but only because of chance, which may include, but is not limited to, robustness of the patient or a fortuitous, timely intervention. See Maine Revised Statutes Title 38 Sec. 424
  • neglect: refers to the definitions found in section 3472, subsections 1 and 11, and also incorporates exploitation, as defined in section 3472, subsection 9. See Maine Revised Statutes Title 36 Sec. 764
  • Nonparticipating candidate: means a candidate running for Governor, State Senator or State Representative who does not choose to participate in the Maine Clean Election Act and who is not seeking to be certified as a Maine Clean Election Act candidate under section 1125, subsection 5. See Maine Revised Statutes Title 38 Sec. 448
  • Nonpoint source: means any source, excluding any source defined as a direct discharge in section 466, that discharges pollutants into the surface or ground waters of the State, including, but not limited to, sources related to agriculture, construction and maintenance of bridges, railways and roads, forest management and commercial, industrial or residential development. See Maine Revised Statutes Title 38 Sec. 410-H
  • Normal high-water line: means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 436-A
  • Normal retirement age: means the specified age, the years of service requirement or any combination of age and years of service requirements at which a member becomes eligible for retirement benefits and at which those benefits may not be reduced under section 17852, subsection 3 or 3-A; section 17852, subsection 10, paragraph C; and section 18452, subsection 3. See Maine Revised Statutes Title 14 Sec. 2624
  • 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
  • Nurse supervisor: means a licensed registered nurse with education, experience and training in hospice nursing care who is designated by the program director to oversee nursing services for the hospice program. See Maine Revised Statutes Title 22 Sec. 8621
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 15 Sec. 225
  • Obligee: means any person to whom a duty of support is owed. See Maine Revised Statutes Title 29-A Sec. 2418
  • Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 29-A Sec. 2418
  • Office: means the Office of Child and Family Services in the department. See Maine Revised Statutes Title 38 Sec. 402
  • 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. 1102
  • 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
  • Organization: means the Maine Health Data Organization established under this chapter. See Maine Revised Statutes Title 38 Sec. 418
  • Out-of-home child abuse or neglect: means child abuse or neglect that occurs in a facility or by a person subject to licensure or inspection by the department, the Department of Education or the Department of Corrections or in a facility operated by any of these departments. See Maine Revised Statutes Title 38 Sec. 402
  • Outlet stream: means any perennial or intermittent stream, as shown on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater wetland. See Maine Revised Statutes Title 38 Sec. 436-A
  • Overboard discharge: means discharge to the surface waters of the State of domestic pollutants not conveyed to and treated in municipal or quasi-municipal sewerage treatment facilities. See Maine Revised Statutes Title 38 Sec. 466
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the holder of the title to the real estate in which the facility is maintained. See Maine Revised Statutes Title 36 Sec. 1131
  • Parent: means mother or father. See Maine Revised Statutes Title 14 Sec. 2624
  • Parent: means a natural parent, stepparent, adoptive parent, legal guardian or other legal custodian of a child. See Maine Revised Statutes Title 38 Sec. 437
  • Parent: means a person who, with respect to a child:
  • A. See Maine Revised Statutes Title 38 Sec. 410-N
  • Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 29-A Sec. 2418
  • Participating candidate: means a candidate who is running for Governor, State Senator or State Representative who is seeking to be certified as a Maine Clean Election Act candidate under section 1125, subsection 5. See Maine Revised Statutes Title 38 Sec. 448
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a political organization which has qualified to participate in a primary or general election under chapter 5. See Maine Revised Statutes Title 36 Sec. 328
  • 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
  • Payor: means a 3rd-party payor, 3rd-party administrator, Medicare health plan sponsor, pharmacy benefits manager or nonlicensed carrier. See Maine Revised Statutes Title 38 Sec. 418
  • Person: means any natural person, partnership, association or corporation or other entity, including any county, local or governmental unit. See Maine Revised Statutes Title 36 Sec. 1139
  • Person: means an individual, corporation, facility, institution, public or private agency or similar entity. See Maine Revised Statutes Title 38 Sec. 402
  • 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: as used in this Title shall be construed to import both the singular and the plural, as the case demands, and shall include corporations, companies, societies and associations. See Maine Revised Statutes Title 14 Sec. 1351
  • Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 29-A Sec. 2418
  • Person who is culturally deaf: means a person with permanent hearing loss who identifies as a member of the deaf community and who utilizes American Sign Language as the primary mode of communication. See Maine Revised Statutes Title 38 Sec. 437
  • Person with substance use disorder: means a person who, due to the use of alcohol or a drug, has a clinical and significant functional impairment, including a health problem or a disability or an inability to meet major responsibilities at work, home or school. See Maine Revised Statutes Title 19-A Sec. 2253
  • Personal property: All property that is not real property.
  • Personally identifiable information: means information that permits the identity of an individual to whom the information applies to be able to be reasonably inferred or known by either direct or indirect means. See Maine Revised Statutes Title 38 Sec. 449
  • Petitioner: means a person filing a petition to adopt an adult or a child, and includes both petitioners under a joint petition, except as otherwise provided in this Article. See Maine Revised Statutes Title 38 Sec. 410-N
  • 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.
  • Plan of correction: means a document executed by a long-term care facility in response to a statement of deficiencies issued by the department. See Maine Revised Statutes Title 36 Sec. 1139
  • Plan sponsor: means any person, other than an insurer, who establishes or maintains a plan covering residents of this State, including, but not limited to, plans established or maintained by 2 or more employers or jointly by one or more employers and one or more employee organizations or the association, committee, joint board of trustees or other similar group of representatives of the parties that establish or maintain the plan. See Maine Revised Statutes Title 38 Sec. 418
  • 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 committee: means 2 or more persons associated for the purpose of promoting or defeating a candidate, party or principle. See Maine Revised Statutes Title 36 Sec. 328
  • Population: means the population determined by the last Decennial Census of the United States. See Maine Revised Statutes Title 36 Sec. 328
  • 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
  • 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.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Prevention: means any activity designed to educate or provide information to individuals and groups about the use of alcohol and other drugs. See Maine Revised Statutes Title 19-A Sec. 2253
  • Primary election: means the regular election for the election of nominees of a party for the general election. See Maine Revised Statutes Title 36 Sec. 328
  • Primary physician: means the physician identified by the client or by the person authorized to make decisions for the client pursuant to a durable health care power of attorney. See Maine Revised Statutes Title 22 Sec. 8621
  • Principal structure: means a building other than one which is used for purposes wholly incidental or accessory to the use of another building on the same premises. See Maine Revised Statutes Title 38 Sec. 436-A
  • Prior service: means service rendered before the date of establishment of the retirement system as set forth in section 17101. See Maine Revised Statutes Title 14 Sec. 2624
  • 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.
  • Program director: means the person designated by the governing body of a hospice program as responsible for the day-to-day operations of the program. See Maine Revised Statutes Title 22 Sec. 8621
  • Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected health information: includes :
  • A. See Maine Revised Statutes Title 38 Sec. 418
  • Protected individual: means a person who is in need of support, who is vulnerable to abuse, neglect and exploitation and who receives services offered by providers subject to this chapter. See Maine Revised Statutes Title 38 Sec. 449
  • Provider: means a health care facility, health care practitioner, health product manufacturer or health product vendor but does not include a retail pharmacy. See Maine Revised Statutes Title 38 Sec. 418
  • Provider: means a licensed, certified or registered entity that employs direct care workers to provide long-term care, child care and in-home and community-based services under this chapter. See Maine Revised Statutes Title 38 Sec. 449
  • Public assistance: means money payments and medical care furnished to or on behalf of dependent children by the State. See Maine Revised Statutes Title 19-A Sec. 2101
  • 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 official: means a person elected or appointed to serve the people. See Maine Revised Statutes Title 36 Sec. 328
  • Putative parent: means a person who is the alleged parent of a child but whose parentage has not been but may be legally determined in accordance with Title 19-A, chapter 61. See Maine Revised Statutes Title 38 Sec. 410-N
  • Qualified domestic relations order: means a domestic relations order that:
  • A. See Maine Revised Statutes Title 14 Sec. 2624
  • Qualified transportation project: means a project to reconstruct, rehabilitate or replace existing bridges and existing arterial highways that:
  • A. See Maine Revised Statutes Title 23 Sec. 1611
  • Qualified transportation project costs: includes , without limitation:
  • A. See Maine Revised Statutes Title 23 Sec. 1611
  • Qualifying contribution: means a donation:
  • A. See Maine Revised Statutes Title 38 Sec. 448
  • Qualifying period: means the following. See Maine Revised Statutes Title 38 Sec. 448
  • Quality data: means information on health care quality required to be submitted pursuant to section 8708-A. See Maine Revised Statutes Title 38 Sec. 418
  • Quasi-municipal: means any form of ownership and management by a governmental unit embracing a portion of a municipality, a single municipality or several municipalities which is created by law to deliver public waste water treatment services, but which is not a state governmental unit. See Maine Revised Statutes Title 38 Sec. 466
  • Question: means any proposition submitted to the voters. See Maine Revised Statutes Title 36 Sec. 328
  • Quorum: The number of legislators that must be present to do business.
  • Rap back monitoring program: means a coordinated system used by federal and state agencies to monitor and generate reports for new criminal record events appearing subsequent to an initial background check pursuant to section 9056. See Maine Revised Statutes Title 38 Sec. 449
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 15 Sec. 225
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Recovery support services: means services that recognize recovery is a process of change through which individuals improve their health and wellness, live self-directed lives and strive to reach their full potential, including, but not limited to, safe housing, transportation, peer mentoring and coaching and assistance with and access to employment services. See Maine Revised Statutes Title 19-A Sec. 2253
  • Referendum: means an election for the determination of a question. See Maine Revised Statutes Title 36 Sec. 328
  • Register: means to enlist as a voter. See Maine Revised Statutes Title 36 Sec. 328
  • Registrar: means the registrar or deputy registrar of voters of a municipality. See Maine Revised Statutes Title 36 Sec. 328
  • Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 14 Sec. 2624
  • 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.
  • reportable incident: means :
  • A. See Maine Revised Statutes Title 36 Sec. 764
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means any person who lives in and receives services or care in a long-term care facility. See Maine Revised Statutes Title 36 Sec. 1139
  • Resident: means any person 18 years of age or older who is not related by blood or marriage to the owner or person in charge of the facility or building in which the resident lives and who receives assisted housing services. See Maine Revised Statutes Title 36 Sec. 1102
  • Resident: means any person who lives in and receives services or care in a long-term care facility. See Maine Revised Statutes Title 36 Sec. 1115
  • Resident: means any person who lives in and receives services or care in a long-term care facility. See Maine Revised Statutes Title 36 Sec. 1131
  • Resident biological community: means aquatic life expected to exist in a habitat which is free from the influence of the discharge of any pollutant. See Maine Revised Statutes Title 38 Sec. 466
  • Residential care facility: means a house or other place that, for consideration, is maintained wholly or partly for the purpose of providing residents with assisted living services. See Maine Revised Statutes Title 36 Sec. 1102
  • Responsible electoral official: means a public official who is responsible for accepting a nomination or nomination petition for an elected office and also means a public official who is responsible for placing the name of a person nominated for public office on a ballot, ballot label, calendar or other similar instrument. See Maine Revised Statutes Title 38 Sec. 429
  • Responsible parent: means the parent of a dependent child. See Maine Revised Statutes Title 19-A Sec. 2101
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • restoration to service: means acceptance of employment as either a state employee or a teacher. See Maine Revised Statutes Title 14 Sec. 2624
  • Restructuring data: means reports, charts and information required to be submitted pursuant to section 8710. See Maine Revised Statutes Title 38 Sec. 418
  • Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 14 Sec. 2624
  • Retirement allowance: means the retirement payments to which a member is or may be entitled as provided in this Part. See Maine Revised Statutes Title 14 Sec. 2624
  • Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 14 Sec. 2624
  • Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 14 Sec. 2624
  • 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
  • Revenue: means , in the case of bonds or notes issued by the bank to finance the qualified transportation projects, payment of funds derived from the United States Department of Transportation, Federal Highway Administration and any other investment, gift, grant, contribution, appropriation and income and any other amount pledged to secure payment of such bonds or notes. See Maine Revised Statutes Title 23 Sec. 1611
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • River: means a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. See Maine Revised Statutes Title 38 Sec. 436-A
  • Root cause analysis: means a structured process for identifying the causal or contributing factors underlying adverse events. See Maine Revised Statutes Title 38 Sec. 424
  • Sentinel event: means :
  • A. See Maine Revised Statutes Title 38 Sec. 424
  • Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 14 Sec. 2624
  • Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 14 Sec. 2624
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shelter for homeless children: means a facility designed to provide for the overnight lodging and supervision of children 10 years of age or older for no more than 30 consecutive overnights. See Maine Revised Statutes Title 36 Sec. 1285
  • Signature: includes a signature stamp and a signature written by another registered voter on behalf of an individual in accordance with the procedure set forth in section 153-A and, for an individual who is unable to sign that individual's own name, a mark. See Maine Revised Statutes Title 36 Sec. 328
  • Special election: means an election other than a regular election. See Maine Revised Statutes Title 36 Sec. 328
  • Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 14 Sec. 2624
  • Standards: means criteria and rules of the department that are to be met before and during operation of any treatment facility or treatment program. See Maine Revised Statutes Title 19-A Sec. 2253
  • state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 29-A Sec. 2418
  • 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 14 Sec. 2624
  • State licensing rules: refers to the department's rules governing the licensing and functioning of nursing facilities, intermediate care facilities for persons with intellectual disabilities and assisted living programs or residential care facilities. See Maine Revised Statutes Title 36 Sec. 1139
  • State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 15 Sec. 225
  • Statement of deficiencies: means a document issued by the department which describes a long-term care facility's deficiencies in complying with state licensing rules. See Maine Revised Statutes Title 36 Sec. 1139
  • 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.
  • Stream: means a free-flowing body of water from the outlet of a great pond or the confluence of 2 perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. See Maine Revised Statutes Title 38 Sec. 436-A
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervision: means a supervisor is physically present and immediately able to respond to the needs of protected individuals through an ongoing and verifiable process for the duration of conditional employment. See Maine Revised Statutes Title 38 Sec. 449
  • Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 19-A Sec. 2101
  • Surviving spouse: means the spouse alive at the time of the death of the member or former member. See Maine Revised Statutes Title 14 Sec. 2624
  • Suspicious child death: means the death of a child under circumstances in which there is reasonable cause to suspect that abuse or neglect was a cause of or factor contributing to the child's death. See Maine Revised Statutes Title 38 Sec. 402
  • 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 14 Sec. 2624
  • Temporary nurse agency: means an agency registered pursuant to chapter 417 or an agency that places temporary health care professionals in direct access positions in the State that is not otherwise required to register in the State. See Maine Revised Statutes Title 38 Sec. 449
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Term: means a full term or any portion of a term served by an elected official in an office subject to the provisions of this chapter. See Maine Revised Statutes Title 38 Sec. 429
  • Terminally ill: means that a person has a limited life expectancy in the opinion of the person's primary physician or the medical director. See Maine Revised Statutes Title 22 Sec. 8621
  • 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.
  • Timber harvesting: means the cutting and removal of timber for the primary purpose of selling or processing forest products. See Maine Revised Statutes Title 38 Sec. 436-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.
  • Township: means unorganized territory. See Maine Revised Statutes Title 36 Sec. 328
  • Tract: means that area composed of blocks or block groups that is defined as a tract in the United States Census for 1990. See Maine Revised Statutes Title 38 Sec. 465-A
  • 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.
  • Transfer trauma: means the combination of medical and psychological reactions to abrupt physical transfer that may increase the risk of grave illness or death. See Maine Revised Statutes Title 36 Sec. 1131
  • Treasurer: means a person appointed by a candidate or a political committee to accept or disburse money to promote or defeat a candidate, party or principle. See Maine Revised Statutes Title 36 Sec. 328
  • treatment: means the early intervention services described in the federal Individuals with Disabilities Education Act, 20 United States Code, Chapter 33, Subchapter III, Sections 1431 to 1445, as amended. See Maine Revised Statutes Title 38 Sec. 437
  • Treatment: means the broad range of emergency, outpatient, intermediate and inpatient services and care, including career counseling, diagnostic evaluation, employment, health, medical, psychiatric, psychological, recreational, rehabilitative, social service care, treatment and vocational services, that may be extended to a drug user, a person with substance use disorder or a person in need of assistance due to the use of a dependency-related drug. See Maine Revised Statutes Title 19-A Sec. 2253
  • Treatment program: means any program or service, or portion of a program or service, sponsored under the auspices of a public or private nonprofit agency providing services especially designed for the treatment of those persons listed in subsection 22. See Maine Revised Statutes Title 19-A Sec. 2253
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Under age: means under the age of 18. See Maine Revised Statutes Title 15 Sec. 225
  • Unimpaired: means without a diminished capacity to support aquatic life. See Maine Revised Statutes Title 38 Sec. 466
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 15 Sec. 225
  • Use attainability analysis: means a structured scientific assessment of the factors affecting the attainment of a designated use in a water body. See Maine Revised Statutes Title 38 Sec. 466
  • 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
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Volunteer: means a trained individual who works for a hospice program without compensation. See Maine Revised Statutes Title 22 Sec. 8621
  • Volunteer hospice program: means a hospice program that provides all direct patient care at no charge. See Maine Revised Statutes Title 22 Sec. 8621
  • Voter: means a person registered to vote. See Maine Revised Statutes Title 36 Sec. 328
  • Voting district: means an area set off from another in the same municipality for voting purposes. See Maine Revised Statutes Title 36 Sec. 328
  • Voting place: means the building in which ballots are cast at an election. See Maine Revised Statutes Title 36 Sec. 328
  • Waiver: means an exemption granted by the department to a specific individual who is banned from employment as a direct access worker for a disqualifying offense. See Maine Revised Statutes Title 38 Sec. 449
  • Warden: means the presiding officer at a voting place. See Maine Revised Statutes Title 36 Sec. 328
  • Without detrimental changes in the resident biological community: means no significant loss of species or excessive dominance by any species or group of species attributable to human activity. See Maine Revised Statutes Title 38 Sec. 466
  • Working waterfront land: means a parcel of land, or a portion thereof, abutting water to the head of tide or land located in the intertidal zone that is used primarily or used predominantly to provide access to or support the conduct of commercial fishing activities. See Maine Revised Statutes Title 36 Sec. 1132
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.