Sections
Subchapter 1 General Provisions 2301 – 2332-N
Subchapter 2-A Licensure of Medical Utilization Review Entities 2342 – 2345
Subchapter 2-B Community of Health Insurance Coverage 2349-A
Subchapter 4 Notification 2370

Terms Used In Maine Revised Statutes > Title 24 > Chapter 19 - Nonprofit Hospital or Medical Service Organizations

  • Accredited: means an educational institution that is approved by the United States Department of Education or a regional or national accrediting agency recognized by the United States Department of Education. See Maine Revised Statutes Title 32 Sec. 1521
  • ACOTE: means the Accreditation Council for Occupational Therapy Education, a nationally recognized accrediting agency for professional programs in the field of occupational therapy. See Maine Revised Statutes Title 32 Sec. 2272
  • Admitted assets: means those assets owned by the corporation, recognized pursuant to Title 24-A, section 901-A, reduced in amount by any applicable provision of this Title or Title 24-A. See Maine Revised Statutes Title 24 Sec. 2301
  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Advanced emergency medical person: means an emergency medical services person licensed to perform advanced emergency medical treatment. See Maine Revised Statutes Title 32 Sec. 83
  • Advanced exploration: means any metallic mineral bulk sampling or exploratory activity that exceeds those activities that are exploration activities and are specified in rules adopted by the department. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affected area: means an area outside of a mining area where the land surface, surface water, groundwater, air resources, soils or existing uses are potentially affected by mining operations as determined through an environmental impact assessment. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Affected land: means reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with the excavation. See Maine Revised Statutes Title 38 Sec. 490-A
  • Affected land: means all reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with a quarry. See Maine Revised Statutes Title 38 Sec. 490-W
  • 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
  • Airblast: means an atmospheric compression wave resulting from the detonation of explosives, whether resulting from the motion of blasted materials or the expansion of gases from the explosion. See Maine Revised Statutes Title 38 Sec. 490-W
  • Alternative: means a substitute process, product, material, chemical, strategy or combination of these that serves a functionally equivalent purpose to a chemical in a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732
  • Ambulance: means any vehicle, whether an air, ground or water vehicle, that is designed, constructed or routinely used or intended to be used for the transportation of ill or injured persons. See Maine Revised Statutes Title 32 Sec. 83
  • Ambulance service: means any person, persons or organization which holds itself out to be a provider of transportation of ill or injured persons or which routinely provides transportation for ill or injured persons. See Maine Revised Statutes Title 32 Sec. 83
  • 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.
  • American Sign Language proficiency interview: means a holistic language evaluation that is used to determine global American Sign Language proficiency and that is administered by an educational testing service organization and evaluated by an American Sign Language evaluation service organization recognized by the director. See Maine Revised Statutes Title 32 Sec. 1521
  • 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.
  • AOTA: means the American Occupational Therapy Association. See Maine Revised Statutes Title 32 Sec. 2272
  • 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.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Basic emergency medical services person: means a person licensed to perform basic emergency medical treatment. See Maine Revised Statutes Title 32 Sec. 83
  • 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
  • Beneficiation: includes , but is not limited to, crushing, grinding, washing, dissolution, crystallization, filtration, sorting, sizing, drying, sintering, pelletizing, briquetting, calcining, roasting in preparation for leaching to produce a final or intermediate product that does not undergo further beneficiation or processing, gravity concentration, magnetic separation, electrostatic separation, flotation, ion exchange, solvent extraction, electrowinning, precipitation, amalgamation and dump, vat, tank and in situ leaching. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Blast site: means the area where explosive material is handled during the loading of drilled blastholes, including the perimeter formed by the loaded blastholes and 50 feet in all directions from loaded blastholes. See Maine Revised Statutes Title 38 Sec. 490-W
  • Blaster: means a person qualified to be in charge of or responsible for the loading and firing of a blast. See Maine Revised Statutes Title 38 Sec. 490-W
  • Blasting: means the use of explosives to break up or otherwise aid in the extraction or removal of a rock or other consolidated natural formation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Board: means the Emergency Medical Services' Board established pursuant to section 88. See Maine Revised Statutes Title 32 Sec. 83
  • Board: means the Board of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741
  • Board: means the Board of Occupational Therapy Practice established under this chapter. See Maine Revised Statutes Title 32 Sec. 2272
  • Certificate: means the document issued by the commissioner to a person indicating that the person is certified by the State as qualified to perform the job indicated in that document. See Maine Revised Statutes Title 32 Sec. 1371
  • Certification examination: means the certification examination for an occupational therapist or the certification examination for an occupational therapy assistant, both of which are administered by NBCOT. See Maine Revised Statutes Title 32 Sec. 2272
  • Certified responsible managing supervisor: means a person certified by the State as qualified to determine whether the plan and installation of fire sprinkler systems meet the standards provided by law, rule and regulation. See Maine Revised Statutes Title 32 Sec. 1371
  • Charitable trust: has the meaning set forth in Title 5, section 194-A, subsection 1, paragraph C. See Maine Revised Statutes Title 24 Sec. 2301
  • Charitable trust plan: means the plan submitted to the Attorney General pursuant to Title 5, section 194-A, subsection 5. See Maine Revised Statutes Title 24 Sec. 2301
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See Maine Revised Statutes Title 32 Sec. 1732
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • clay: means a material that consists of particles of such a size that 45% or more of the fraction of those particles able to pass through a 3-inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization or runoff based upon its gradation, plasticity, permeability or other relevant criteria. See Maine Revised Statutes Title 38 Sec. 490-A
  • Closure: includes , but is not limited to, actions taken to contain metallic mineral wastes on site and to ensure the integrity of waste management structures and the permanent securement of pits, shafts and underground workings. See Maine Revised Statutes Title 38 Sec. 490-MM
  • 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
  • Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 2272
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Commissioner: means the Commissioner of Public Safety. See Maine Revised Statutes Title 32 Sec. 83
  • Commissioner: means the Commissioner of Public Safety. See Maine Revised Statutes Title 32 Sec. 1371
  • Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741
  • 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.
  • Conditional license: means a license granted to an applicant who has completed the educational requirements under section 1524?C, passed a national interpreter certification knowledge exam and passed an American Sign Language proficiency interview but who is not certified with the Registry of Interpreters for the Deaf, Inc. See Maine Revised Statutes Title 32 Sec. 1521
  • contamination: means nonattainment of water quality standards, the cause of which is attributable to a mining operation, as:  
A. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Contract: A legal written agreement that becomes binding when signed.
  • Conversion: means the process by which an organization, with the approval of the superintendent, converts to a domestic stock insurer pursuant to this subsection. See Maine Revised Statutes Title 24 Sec. 2301
  • Conversion plan: means a written plan that sets forth the provisions required by the superintendent, that is filed with the superintendent pursuant to this subsection, that sets forth a complete description of the proposed conversion and that contains sufficient detail to permit the superintendent to make the findings required under this subsection. See Maine Revised Statutes Title 24 Sec. 2301
  • Converted stock insurer: means the domestic stock insurer resulting from a conversion pursuant to this subsection. See Maine Revised Statutes Title 24 Sec. 2301
  • Conviction: A judgement of guilt against a criminal 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.
  • Credible scientific evidence: means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or in a publication of an authoritative federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, Food and Drug Administration and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency. See Maine Revised Statutes Title 32 Sec. 1741
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • De minimis level: means :  
  • A. See Maine Revised Statutes Title 32 Sec. 1741
  • Deaf interpreter: means a person whose sense of hearing is nonfunctional for the purpose of communication, whose primary means of communication is visual or tactile and who provides intermediary interpreting. See Maine Revised Statutes Title 32 Sec. 1521
  • Deaf person: means a person whose sense of hearing is nonfunctional for the purpose of communication and whose primary means of communication is visual or tactile. See Maine Revised Statutes Title 32 Sec. 1521
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 2272
  • Department: means the Department of Public Safety. See Maine Revised Statutes Title 32 Sec. 83
  • Department: means the Department of Public Safety. See Maine Revised Statutes Title 32 Sec. 1371
  • Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 1521
  • Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1732
  • Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741
  • Dependent: A person dependent for support upon another.
  • Detonating cord: means a flexible cord containing a center core of high explosives that may be used to initiate other explosives. See Maine Revised Statutes Title 38 Sec. 490-W
  • development: means any federal, state, municipal, quasi-municipal, educational, charitable, residential, commercial or industrial development that:  
  • A. See Maine Revised Statutes Title 38 Sec. 482
  • Director: means the Director of the Office of Professional and Occupational Regulation within the department. See Maine Revised Statutes Title 32 Sec. 2272
  • Director: means the Director of the Bureau of Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Director: means the Director of Maine Emergency Medical Services. See Maine Revised Statutes Title 32 Sec. 83
  • Director: means the Director of the Office of Professional and Occupational Regulation within the department. See Maine Revised Statutes Title 32 Sec. 1521
  • 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:
  • Distributor: means any person, firm or corporation that sells a packaged product to a retailer in this State or any person, firm or corporation that receives a shipment or consignment of, or in any other manner acquires, packaged products outside the State for sale to consumers in the State. See Maine Revised Statutes Title 32 Sec. 1732
  • Dry stack tailings management: means the process of disposing of dewatered, compacted mine tailings into a freestanding, stable structure on an area with an impervious liner designed to shed water to a water collection and treatment system. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Emergency medical treatment: means those skills, techniques and judgments, as defined by the board, which are directed to maintaining, improving or preventing the deterioration of the medical condition of the patient and which are appropriate to be delivered by trained persons at the scene of a patient's illness or injury outside the hospital and during transportation to the hospital. See Maine Revised Statutes Title 32 Sec. 83
  • 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.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. See Maine Revised Statutes Title 38 Sec. 490-A
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Explosive: means any chemical compound or other chemical substance that contains oxidizing or combustible materials used for the purpose of producing an explosion intended to break or move rock, earth or other materials. See Maine Revised Statutes Title 38 Sec. 490-W
  • Fair market value: means the value of an organization or an affiliate or the value of the assets of such an entity determined as if the entity had voting stock outstanding and 100% of its stock were freely transferrable and available for purchase without restrictions. See Maine Revised Statutes Title 24 Sec. 2301
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • Fire sprinkler system: means an assembly of overhead piping or conduits that conveys water with or without other agents to dispersal openings or devices to extinguish, control or contain fire and to provide protection from exposure to fire or the products of combustion, planned in accordance with a national or state standard. See Maine Revised Statutes Title 32 Sec. 1371
  • Fire sprinkler system contractor: means a person licensed by the commissioner to undertake the planning, installation or inspection of a fire sprinkler system or any part of such a system. See Maine Revised Statutes Title 32 Sec. 1371
  • 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.
  • Flyrock: means rock that is propelled through the air or across the ground as a result of blasting and that leaves the blast area. See Maine Revised Statutes Title 38 Sec. 490-W
  • Food contact chemical of high concern: means a chemical identified by the department pursuant to section 1742. See Maine Revised Statutes Title 32 Sec. 1741
  • Food package: includes , but is not limited to, a food or beverage product that is contained in a food package or to which a food package is applied, a packaging component of a food package and plastic disposable gloves used in commercial or institutional food service. See Maine Revised Statutes Title 32 Sec. 1732
  • Fraud: Intentional deception resulting in injury to another.
  • Freshwater wetlands: means freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:  
  • A. See Maine Revised Statutes Title 38 Sec. 436-A
  • 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
  • Hard-of-hearing person: means a person who has a functional hearing deficit, who may or may not primarily use visual communication and who may or may not use assistive devices. See Maine Revised Statutes Title 32 Sec. 1521
  • Health care practitioner: has the meaning set forth in Title 24, section 2502, subsection 1-A. See Maine Revised Statutes Title 32 Sec. 83
  • Heap or percolation leaching: means a process for the primary purpose of recovering metallic minerals in an outdoor environment from a stockpile of crushed or excavated ore by percolating water or a solution through the ore and collecting the leachate. See Maine Revised Statutes Title 38 Sec. 490-MM
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Incidental presence: means the presence of a regulated metal or other regulated chemical as an unintended or undesired ingredient of a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspect: means to visually examine a fire sprinkler system or a portion of the system to verify that it appears to be in working order and free from physical damage. See Maine Revised Statutes Title 32 Sec. 1371
  • Installation: means the initial placement of a sprinkler system or part of the system or the extension, modification or alteration of a system or part after the initial placement. See Maine Revised Statutes Title 32 Sec. 1371
  • Intentional introduction: means the act of deliberately using a regulated metal or other regulated chemical in the formation of a package or packaging component when its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance or quality. See Maine Revised Statutes Title 32 Sec. 1732
  • Intentionally added chemical: means a chemical that was added during the manufacture of a product or product component to provide a specific characteristic, appearance or quality or to perform a specific function. See Maine Revised Statutes Title 32 Sec. 1741
  • Interpreter: means a person who provides any of the following services:  
  • A. See Maine Revised Statutes Title 32 Sec. 1521
  • Interpreting: means the process when a linguistic intermediary between a deaf or hard-of-hearing person and another person translates the spoken utterances or signs, gestures or writing of either person into a linguistic form other than that which that person uses as a primary and preferred form of communication. See Maine Revised Statutes Title 32 Sec. 1521
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Level II fieldwork: means the experience required to prepare occupational therapy and occupational therapy assistant students to carry out professional responsibilities under appropriate supervision and professional role modeling. See Maine Revised Statutes Title 32 Sec. 2272
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a full, temporary, provisional or conditional license issued by the board under this chapter. See Maine Revised Statutes Title 32 Sec. 83
  • License: means the document issued by the commissioner to a contractor authorizing the contractor to engage in the fire sprinkler system business in this State. See Maine Revised Statutes Title 32 Sec. 1371
  • Maine Emergency Medical Services: means the board, the emergency medical services director and staff within the Department of Public Safety responsible for carrying out the purposes of this chapter. See Maine Revised Statutes Title 32 Sec. 83
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Manufacturer: means any person that manufactures a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732
  • manufacturer: includes the importer or first domestic distributor of the food package if the person who manufactured or assembled the food package or whose brand name is affixed to the food package does not have a presence in the United States. See Maine Revised Statutes Title 32 Sec. 1741
  • Matting: means a covering placed over load holes and adjacent areas in order to minimize generation of flyrock and limit airblast effects. See Maine Revised Statutes Title 38 Sec. 490-W
  • Medical Direction and Practices Board: means the board consisting of each regional medical director, an emergency physician representing the Maine Chapter of the American College of Emergency Medicine Physicians, an at-large member, a toxicologist or licensed pharmacist, a person licensed under section 85 to provide basic emergency medical treatment, a person licensed under section 85 to provide advanced emergency medical treatment, a pediatric physician, the statewide associate emergency medical services medical director and the statewide emergency medical services medical director. See Maine Revised Statutes Title 32 Sec. 83
  • medical utilization review services: means a program or process by which a person, partnership or corporation, on behalf of an insurer, nonprofit service organization, 3rd-party administrator, or health maintenance organization, preferred provider organization or employer that is a payor for or that arranges for payment of medical services, seeks to review the utilization, appropriateness or quality of medical services provided to a person whose medical services are paid for, partially or entirely, by that insurer, nonprofit service organization, 3rd-party administrator, health maintenance organization, preferred provider organization or employer. See Maine Revised Statutes Title 24 Sec. 2344
  • Medium borrow pit: means a borrow pit that has a total reclaimed and unreclaimed area from 5 to 30 acres and that has:  
  • A. See Maine Revised Statutes Title 38 Sec. 490-A
  • Member: means a member of the organization entitled to vote under the articles or bylaws of the organization. See Maine Revised Statutes Title 24 Sec. 2301
  • Metallic mineral: means any ore or material to be excavated from the natural deposits on or in the earth for its metallic mineral content to be used for commercial or industrial purposes. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Metallic mineral operator: means a permittee or other person who is engaged in, or who is preparing to engage in, mining operations for metallic minerals, whether individually or jointly or through agents, employees or contractors. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Metallic product: means a commercially salable mineral or metal produced primarily for its metallic mineral content in its final marketable form or state. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Mine shaft: means a vertical, inclined or horizontal excavation, including all underground workings, with a surface opening not exceeding 1,000 square feet. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Mine waste: means all material, including, but not limited to, overburden, rock, lean ore, leached ore or tailings, that in the process of mining and beneficiation has been exposed or removed from the earth during advanced exploration and mining activities. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Mine waste unit: means any land area, structure, location, equipment or combination thereof on or in which mine wastes are managed. See Maine Revised Statutes Title 38 Sec. 490-MM
  • mining activity: means activities, facilities or processes necessary for the extraction or removal of metallic minerals or overburden or for the preparation, washing, cleaning or other treatment of metallic minerals and includes the bulk sampling, advanced exploration, extraction or beneficiation of metallic minerals as well as waste storage and other stockpiles and reclamation activities, but does not include exploration. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Mining area: means an area of land described in a permit application and approved by the department, including but not limited to land from which earth material is removed in connection with mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment facilities, including groundwater and surface water management treatment systems, are located or the lands on which water reservoirs used in a mining operation are located. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Mining permit: means a permit issued under this article for conducting mining and reclamation operations. See Maine Revised Statutes Title 38 Sec. 490-MM
  • 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.
  • Municipal officers: means :  
  • A. See Maine Revised Statutes Title 32 Sec. 83
  • 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 1 Sec. 72
  • Municipal officers: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Maine Revised Statutes Title 1 Sec. 72
  • Municipality: means a city or town, except as provided in Maine Revised Statutes Title 30-A Sec. 2001
  • National interpreter certification knowledge exam: means an entry-level exam administered by the Registry of Interpreters for the Deaf, Inc. See Maine Revised Statutes Title 32 Sec. 1521
  • Natural buffer strip: means an undisturbed area or belt of land that is covered with trees or other vegetation. See Maine Revised Statutes Title 38 Sec. 490-A
  • Natural buffer strip: means an undisturbed area or belt of land that is covered with trees or other vegetation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Naturally internally drained: means areas of a site that, as a result of the predevelopment topography and interim and final topography produced during development of the site, are and will remain at all times over the course of the development graded so that neither eroded materials nor runoff either crosses the property boundary or enters a protected natural resource, natural buffer strip or other protected area. See Maine Revised Statutes Title 38 Sec. 490-A
  • NBCOT: means the National Board for Certification in Occupational Therapy, formerly the AOTCB, or American Occupational Therapy Certification Board. See Maine Revised Statutes Title 32 Sec. 2272
  • 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
  • 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.
  • Occupational therapist: means an individual who has passed the certification examination of the National Board for Certification in Occupational Therapy for an occupational therapist or meets the requirements of section 2279, subsection 6 and who is licensed to practice occupational therapy under this chapter in the State. See Maine Revised Statutes Title 32 Sec. 2272
  • occupational therapy: includes , but is not limited to, assessment and treatment of individuals whose abilities to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, learning disabilities, poverty and cultural differences, physical injury or disease, psychological and social disabilities or anticipated dysfunction, using:  
  • A. See Maine Revised Statutes Title 32 Sec. 2272
  • Occupational therapy assistant: means an individual who has passed the certification examination of the NBCOT for an occupational therapy assistant or who was certified as an occupational therapy assistant prior to June 1977 and who is licensed to practice occupational therapy under this chapter in the State under the supervision of a licensed occupational therapist. See Maine Revised Statutes Title 32 Sec. 2272
  • Occupational therapy practitioner: means an individual who is licensed as an occupational therapist or an occupational therapy assistant. See Maine Revised Statutes Title 32 Sec. 2272
  • Offshore wind power project: includes both generating facilities as defined by Title 35-A, section 3451, subsection 5 and associated facilities as defined by Title 35-A, section 3451, subsection 1, without regard to whether the electrical energy is for sale or use by a person other than the generator. See Maine Revised Statutes Title 38 Sec. 482
  • Open-pit mining: means , for any single mining operation permitted under this article, the process of mining a metallic mineral deposit by use of surface pits or excavations having greater than 3 acres of surface area in aggregate or by means of a surface pit excavated using one or more horizontal benches. See Maine Revised Statutes Title 38 Sec. 490-MM
  • operator: means the owner or operator of an excavation. See Maine Revised Statutes Title 38 Sec. 490-A
  • organization: means a corporation or other entity authorized by the superintendent or organized pursuant to this chapter for the purpose of providing nonprofit hospital service plans within the meaning of subsection 1, nonprofit medical service plans within the meaning of subsection 2 and any organization that provides only nonprofit health care plans within the meaning of subsection 3. See Maine Revised Statutes Title 24 Sec. 2301
  • Overburden: means earth and other materials naturally lying over the product to be removed. See Maine Revised Statutes Title 38 Sec. 490-A
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Package: includes a unit package and a shipping container defined by the American Society for Testing and Materials in its annual book of standards as ASTM, D996; a food package; and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs. See Maine Revised Statutes Title 32 Sec. 1732
  • Packaging component: means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels. See Maine Revised Statutes Title 32 Sec. 1732
  • 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.
  • Passenger car equivalents at peak hour: means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which the traffic volume generated by the development is higher than the volume during any other hour of the day. See Maine Revised Statutes Title 38 Sec. 490-A
  • Passenger car equivalents at peak hour: means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which traffic volume generated by the development is higher than the volume during any other hour of the day. See Maine Revised Statutes Title 38 Sec. 490-W
  • Peak particle velocity: means the maximum rate of ground movement measured by any of the 3 mutually perpendicular components of ground motion. See Maine Revised Statutes Title 38 Sec. 490-W
  • Permittee: means a person who is issued a mining permit. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Person: means any individual, partnership, unincorporated organization or corporation. See Maine Revised Statutes Title 32 Sec. 2272
  • Person: means any person, firm, association, partnership, corporation, municipal or other local governmental entity, quasi-municipal entity, state agency, federal agency, educational or charitable organization or institution or other legal entity. See Maine Revised Statutes Title 38 Sec. 482
  • Personal property: All property that is not real property.
  • PFAS: means any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. See Maine Revised Statutes Title 32 Sec. 1732
  • Phthalates: means any member of the class of organic chemicals that are esters of phthalic acid and that contain 2 carbon chains located in the ortho position. See Maine Revised Statutes Title 32 Sec. 1732
  • Physician: has the meaning set forth in Title 24, section 2502, subsection 3. See Maine Revised Statutes Title 32 Sec. 83
  • Plan: means a shop drawing or erection plan of a fire sprinkler system or a part of the system. See Maine Revised Statutes Title 32 Sec. 1371
  • Planning: means to draw or create plans. See Maine Revised Statutes Title 32 Sec. 1371
  • Plastic bottle: means any plastic container with a neck smaller than the container body and a capacity not less than 16 fluid ounces and not more than 5 gallons. See Maine Revised Statutes Title 32 Sec. 1721
  • Plastic container: means any bottle, can, jar, case, package or other receptacle intended to hold, carry, or enclose fluids, food items or nonfood products that is composed predominately of plastic resins, including, but not limited to, plastic resins listed in section 1723. See Maine Revised Statutes Title 32 Sec. 1721
  • Post-closure monitoring period: means a period following closure during which a permittee is required to conduct monitoring of groundwater and surface water and other environmental parameters as specified in a mining permit. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Practical quantification limit: means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions. See Maine Revised Statutes Title 32 Sec. 1741
  • Preblast survey: means documentation, prior to the initiation of blasting, of the condition of buildings, structures, wells or other infrastructures; protected natural resources; historic sites; and unusual natural areas. See Maine Revised Statutes Title 38 Sec. 490-W
  • Presalvage and salvage harvesting: means the harvesting of trees vulnerable to damage. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Primary sand and gravel recharge area: means the surface directly overlying sand and gravel formations that provides direct replenishment of groundwater in sand and gravel fractured bedrock aquifers. See Maine Revised Statutes Title 38 Sec. 490-A
  • Priority food contact chemical: means a chemical designated by the commissioner pursuant to section 1743. See Maine Revised Statutes Title 32 Sec. 1741
  • Private drinking water supply: means a surface water supply, a dug well, a spring or a hole drilled, driven or bored into the earth that is used to extract drinking water for human consumption and that is not part of a public drinking water supply. See Maine Revised Statutes Title 38 Sec. 490-A
  • Private drinking water supply: means a surface water supply, a dug well, a spring or a hole drilled, driven or bored into the earth that is used to extract drinking water for human consumption and that is not part of a public drinking water supply. See Maine Revised Statutes Title 38 Sec. 490-W
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Production blasting: means blasting conducted for the purpose of extracting or removing natural materials for commercial sale or beneficiation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Public drinking water source: means any groundwater well or any surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. See Maine Revised Statutes Title 38 Sec. 490-A
  • Public drinking water source: means a groundwater well or a surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. See Maine Revised Statutes Title 38 Sec. 490-W
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quarry: means a place where rock is excavated. See Maine Revised Statutes Title 38 Sec. 490-W
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reclamation: means the rehabilitation of the area of land affected by mining under a plan approved by the department, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest and the enhancement of wildlife and aquatic resources, but not including the filling in of pits and the filling or sealing of shafts and underground workings with solid materials unless necessary for protection of ground water or safety. See Maine Revised Statutes Title 38 Sec. 482
  • Reclamation: means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. See Maine Revised Statutes Title 38 Sec. 490-A
  • Reclamation: means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. See Maine Revised Statutes Title 38 Sec. 490-W
  • Reclamation: includes , but is not limited to, stabilization of slopes, creation of safety benches, planting of forests, seeding of grasses and legumes for grazing purposes, planting of crops for harvest and enhancement of wildlife and aquatic resources. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Regional council: means a business entity recognized by the board that represents a geographical area of the State, as designated by the board, with respect to matters subject to this chapter. See Maine Revised Statutes Title 32 Sec. 83
  • Regions: means those geographical areas of the State designated by the board to be represented by a regional council. See Maine Revised Statutes Title 32 Sec. 83
  • Regulator: means :  
  • A. See Maine Revised Statutes Title 38 Sec. 490-A
  • Regulator: means :  
  • A. See Maine Revised Statutes Title 38 Sec. 490-W
  • 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.
  • 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.
  • Rigid plastic container: means any formed or molded plastic container, except plastic bottles, with a capacity not less than 8 fluid ounces and not more than 5 gallons that retains the same shape whether full or empty. See Maine Revised Statutes Title 32 Sec. 1721
  • 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
  • Rock: means a hard, nonmetallic material that requires cutting, blasting or similar methods of forced extraction. See Maine Revised Statutes Title 38 Sec. 490-W
  • Safer alternative: means an alternative that, when compared to a chemical that it could replace, would reduce the potential for harm to human health or the environment or that has not been shown to pose the same or greater potential for harm to human health or the environment as that chemical. See Maine Revised Statutes Title 32 Sec. 1732
  • 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.
  • Significant sand and gravel aquifer: means a deposit of ice-contact and glacial outwash sediment that stores and transmits significant quantities of recoverable water. See Maine Revised Statutes Title 38 Sec. 490-A
  • Spruce budworm: means the insect of the species known as Choristoneura fumiferana, Clem. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Statewide associate emergency medical services medical director: means a licensed physician appointed by the board pursuant to section 84, subsection 1, paragraph C. See Maine Revised Statutes Title 32 Sec. 83
  • Statute: A law passed by a legislature.
  • Stemming: means inert material used in a blasthole to confine the gaseous products of detonation. See Maine Revised Statutes Title 38 Sec. 490-W
  • 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
  • structure: means :  
  • A. See Maine Revised Statutes Title 38 Sec. 482
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means an individual who has subscribed to one or more of the hospital, medical or health care service plans or contracts offered or issued by the organization or health insurance affiliate as defined in section 2308-A through an individual or family policy or group policy. See Maine Revised Statutes Title 24 Sec. 2301
  • Subscriber reserves: means those reserves held by the corporation for the protection of subscribers that are the excess of the corporation's assets over its liabilities as set forth in the annual statement of the corporation as of December 31st of the year next preceding the making of the investment or contained in an audited financial report, as defined in Title 24-A, section 221-A, of more current origin prepared on the basis of statutory accounting principles;   [PL 2001, c. See Maine Revised Statutes Title 24 Sec. 2301
  • superintendent: means the Superintendent of Insurance of this State; and  
  • [PL 1993, c. See Maine Revised Statutes Title 24 Sec. 2301
  • Supervision of OTA: means initial directions and periodic inspection of the service delivery and provision of relevant in-service training. See Maine Revised Statutes Title 32 Sec. 2272
  • Supervision of temporary licensees: includes initial and periodic inspection or written assessments, written treatment plans, patient notes and periodic evaluation of performance. See Maine Revised Statutes Title 32 Sec. 2272
  • Supplier: means any person, firm or corporation that sells packages or packaging components to a distributor. See Maine Revised Statutes Title 32 Sec. 1732
  • Surface blasting: means any blasting for which the blast area lies at the surface of the ground. See Maine Revised Statutes Title 38 Sec. 490-W
  • Tailings impoundment: means a surface area, contained by dikes or dams, on which is deposited the slurry of material that is separated from a metallic product in the beneficiation or treatment of minerals, including any surrounding dikes constructed to contain such material. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Topsoil: means the top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils. See Maine Revised Statutes Title 38 Sec. 490-A
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • Trauma: means a single or multisystem life-threatening or limb-threatening injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability. See Maine Revised Statutes Title 32 Sec. 83
  • Underground production blasting: means a blasting operation carried out beneath the surface of the ground by means of shafts, declines, adits or other openings leading to the natural material being mined or extracted. See Maine Revised Statutes Title 38 Sec. 490-W
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Wet mine waste unit: means a mine waste unit in which mine wastes are placed under water to minimize sulfide oxidation, acid formation or particulate pollution. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Working pit: means the extraction area, including side slopes, of an excavation for borrow, clay, silt or topsoil. See Maine Revised Statutes Title 38 Sec. 490-A
  • Working pit: means the extraction area, including overburden, of an excavation for rock. See Maine Revised Statutes Title 38 Sec. 490-W
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72