Maine Revised Statutes > Title 23 > Part 5 – Department of Transportation

		Sections
Chapter 410	Department of Transportation	4202 – 4251

Terms Used In Maine Revised Statutes > Title 23 > Part 5 - Department of Transportation

Academy: means the Maine Maritime Academy and its activities and functions supervised by its board of trustees or their designee. See Maine Revised Statutes Title 26 Sec. 1022
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
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.
Agreement: means a contract between the department and a private entity to create a public-private partnership that allows for private sector participation in the financing, development, operation, management, ownership, leasing or maintenance of a transportation facility and that sets forth rights and obligations of the department and the private entity in that partnership. See Maine Revised Statutes Title 23 Sec. 4251
Allegation: something that someone says happened.
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.
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.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Associated organization: means any organization in which a Legislator or a member of the Legislator's immediate family is a managerial employee, director, officer or trustee or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity. See Maine Revised Statutes Title 1 Sec. 1012
Bargaining agent: means any lawful organization, association or individual representative of such organization or association, which has as one of its primary purposes the representation of employees in their employment relations with employers and which has been certified by the Executive Director of the Maine Labor Relations Board. See Maine Revised Statutes Title 26 Sec. 1022
Bargaining agent: means any lawful organization, association or individual representative of such an organization or association which has as its primary purpose the representation of employees in their employment relations with employers, and which has been determined by the public employer, as defined in subsection 6, or by the executive director of the board to be the choice of the majority of the unit as their representative. See Maine Revised Statutes Title 26 Sec. 1282
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}
Bequest: Property gifted by will.
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 Labor Relations Board as defined in section 968, subsection 1. See Maine Revised Statutes Title 26 Sec. 1022
Board: means the Maine Labor Relations Board, as defined in section 968. See Maine Revised Statutes Title 26 Sec. 1282
Career and technical education: means a course or program of education designed to create or improve job-related skills that is part of a secondary school or middle school level curriculum and approved by the commissioner according to this chapter. See Maine Revised Statutes Title 20-A Sec. 8301-A
Close economic association: means the employers, employees, partners or clients of the Legislator or a member of the Legislator's immediate family; corporations in which the Legislator or a member of the Legislator's immediate family is an officer, director or agent or owns 10% or more of the outstanding capital stock; a business which is a significant unsecured creditor of the Legislator or a member of the Legislator's immediate family; or a business of which the Legislator or a member of the Legislator's immediate family is a significant unsecured creditor. See Maine Revised Statutes Title 1 Sec. 1012
Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 5 Sec. 17001
Commission: means the Commission on Governmental Ethics and Election Practices. See Maine Revised Statutes Title 1 Sec. 1012
Commissioner: means the Commissioner of Transportation. See Maine Revised Statutes Title 23 Sec. 4203
Community college: means the Maine state community colleges and their activities and functions supervised by the Board of Trustees of the Maine Community College System or its designee. See Maine Revised Statutes Title 26 Sec. 1022
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Cost items: means the provisions of a collective bargaining agreement which require an appropriation by the Legislature. See Maine Revised Statutes Title 26 Sec. 1282
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 4203
Dependent: A person dependent for support upon another.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
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
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 5 Sec. 17001
Employee: means a person in any employment position, including public or private employment, employment with a nonprofit, religious, charitable or educational organization, or any other compensated service under an expressed, implied, oral or written contract for hire, but does not include a self-employed person. See Maine Revised Statutes Title 1 Sec. 1012
Employee: means :

A. See Maine Revised Statutes Title 5 Sec. 17001

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 Labor Relations Board, as defined in section 968, subsection 2. See Maine Revised Statutes Title 26 Sec. 1282

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.

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}

Fraud: Intentional deception resulting in injury to another.

Germane: On the subject of the pending bill or other business; a strict standard of relevance.

Gift: means anything of value, including forgiveness of an obligation or debt, given to a person without that person providing equal or greater consideration to the giver. See Maine Revised Statutes Title 1 Sec. 1012

Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,

Honorarium: means a payment of money or anything with a monetary resale value to a Legislator for an appearance or a speech by the Legislator. See Maine Revised Statutes Title 1 Sec. 1012

Immediate family: means a Legislator's spouse, domestic partner or dependent children. See Maine Revised Statutes Title 1 Sec. 1012

Income: means economic gain to a person from any source, including, but not limited to, compensation for services, including fees, commissions and payments in kind; gross income derived from business; gross income derived from dealings in property, rents and royalties; gross income from investments including interest, capital gains and dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; distributions from a partnership or limited liability company; gross income from an interest in an estate or trust; prizes; and grants, but does not include gifts or honoraria. See Maine Revised Statutes Title 1 Sec. 1012

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.

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Judicial employee: means any employee of the Judicial Department, except any person:

A. See Maine Revised Statutes Title 26 Sec. 1282

Law clerk: Assist judges with research and drafting of opinions.

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local district: means :

A. See Maine Revised Statutes Title 5 Sec. 17001

Managerial employee: means an employee of an organization whose position requires substantial control over the organization's decision making, business operations, financial management or contracting and procurement activities. See Maine Revised Statutes Title 1 Sec. 1012

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

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.

Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001

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.

Pick-up contributions: means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. See Maine Revised Statutes Title 5 Sec. 17001

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.

Project: means the initial capital development of a transportation facility. See Maine Revised Statutes Title 23 Sec. 4251

Proposal: means a conditional offer of a private entity that, after review, negotiation, documentation and legislative approval, may lead to an agreement as provided in this subchapter. See Maine Revised Statutes Title 23 Sec. 4251

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public employer: means the Judicial Department of the State. See Maine Revised Statutes Title 26 Sec. 1282

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Region: means a quasi-municipal corporation established by the Legislature to provide career and technical education to secondary students and middle school level students that is comprised of all the school administrative units within the geographical boundaries set forth for each career and technical education region in section 8451. See Maine Revised Statutes Title 20-A Sec. 8301-A

Relative: means an individual who is related to the Legislator or the Legislator's spouse or the Legislator's domestic partner as a parent; child; sibling; sibling of a parent; sibling of a parent once removed; first cousin; child of a sibling or of a spouse's or domestic partner's sibling; spouse; domestic partner; grandparent; grandchild; parent-in-law; spouse or domestic partner of a child; sibling of a spouse or domestic partner; stepparent; stepchild; stepsibling; and half-sibling and includes the betrothed of the Legislator. See Maine Revised Statutes Title 1 Sec. 1012

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 liability: means any unsecured loan of $3,000 or more received from a person who is not a relative. See Maine Revised Statutes Title 1 Sec. 1012

Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001

Self-employed: means that the person qualifies as an independent contractor under Title 39?A, section 102, subsection 13?A. See Maine Revised Statutes Title 1 Sec. 1012

Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001

Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001

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.

Statute: A law passed by a legislature.

Subpoena: A command to a witness to appear and give testimony.

Summons: Another word for subpoena used by the criminal justice system.

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.

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

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.

Transportation: means any form of transportation for people or goods within, to or from the State, whether by highway, air, water or rail. See Maine Revised Statutes Title 23 Sec. 4203

Transportation facility: means a facility that is or if developed would be within the jurisdiction of the department including a highway, bridge, railroad line, pier, airport, trail, ferry vessel, building or other improvement. See Maine Revised Statutes Title 23 Sec. 4251

Transportation infrastructure: means infrastructure related to all modes of transportation, including highways, bridges, railroads, ferries, mass transit, airports and bicycle and pedestrian facilities, as well as all buildings, utilities, facilities and other appurtenances related to those modes. See Maine Revised Statutes Title 23 Sec. 4241

Transportation-related services: means all services necessary or convenient to discharge the powers, duties and responsibilities of the department and the commissioner as provided by law including those provided in section 4206. See Maine Revised Statutes Title 23 Sec. 4241

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.

University: means all campuses or units of the university, represented by the board of trustees or its designee. See Maine Revised Statutes Title 26 Sec. 1022

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.

Verdict: The decision of a petit jury or a judge.

Violation of legislative ethics: means a violation of the prohibitions in section 1014 or 1015?A. See Maine Revised Statutes Title 1 Sec. 1012