Maine Revised Statutes > Title 32 > Chapter 69-B – Regulations of the Sale of Business Opportunities
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Terms Used In Maine Revised Statutes > Title 32 > Chapter 69-B - Regulations of the Sale of Business Opportunities
- Affiliated person: means a person who:
A. See Maine Revised Statutes Title 32 Sec. 4691Annuity: 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. 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. 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. Business day: means any day other than Saturday, Sunday or the following holidays: New Year's Day; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Indigenous Peoples Day; Veterans Day; Thanksgiving and Christmas. See Maine Revised Statutes Title 32 Sec. 4691 Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. See Maine Revised Statutes Title 24-A Sec. 1402 Business opportunity: means :
A. See Maine Revised Statutes Title 32 Sec. 4691Closure: means the completion of those activities specified in this article or in rules adopted pursuant to this article or a department closing order as appropriate, including, but not limited to, the placement of a cover or cap as a barrier over a landfill in order to minimize the infiltration of precipitation into the waste contained in the landfill. See Maine Revised Statutes Title 38 Sec. 1310-C Commercial solid waste disposal facility: means a solid waste disposal facility except as follows:
A. See Maine Revised Statutes Title 38 Sec. 1303-CCommon 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. Construction and demolition debris: means debris resulting from construction, remodeling, repair, and demolition of structures. See Maine Revised Statutes Title 38 Sec. 1303-C Consultant: means any individual who, for a fee, advises or offers to advise any person insured or seeking insurance or named or to be named as beneficiary, or having or to have any interest in or insured under any property and casualty or life and health insurance contract or annuity contract, existing or proposed. See Maine Revised Statutes Title 24-A Sec. 1402 consultant: as used in this subchapter , means both property and casualty consultants and life and health consultants as defined in section 1402. See Maine Revised Statutes Title 24-A Sec. 1461 Contractor: means a business entity that engages in, or intends to engage in, landfill closure activities as a business service on property that it does not own. See Maine Revised Statutes Title 38 Sec. 1310-C Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Discharge: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping of pollutants onto the land or into the water or ambient air. See Maine Revised Statutes Title 38 Sec. 1310-C Disposal: means the discharge, deposit, dumping, spilling, leaking or placing of hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage into or on land, air or water and the incineration of solid waste, refuse-derived fuel, sludge or septage so that the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage or a constituent of the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage may enter the environment or be emitted into the air, or discharged into waters, including ground waters. See Maine Revised Statutes Title 38 Sec. 1303-C 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. Generation: means the act or process of producing hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C Handle: means to store, transfer, collect, separate, salvage, process, recycle, reduce, recover, incinerate, dispose of or treat. See Maine Revised Statutes Title 38 Sec. 1303-C health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 Host community: means any town, township or city that is the geographic site of a solid waste disposal facility or any immediately contiguous town, township or city if such town, township or city can demonstrate to the department that it incurs a direct financial impact related to any necessary development or maintenance of infrastructure or to any necessary provision of services as a result of the location or operation of that solid waste disposal facility. See Maine Revised Statutes Title 38 Sec. 1303-C Incineration facility: means a facility where municipal solid waste or refuse-derived fuel is disposed of through combustion, including combustion for the generation of heat, steam or electricity. See Maine Revised Statutes Title 38 Sec. 1303-C Inert fill: means clean soil material, rocks, bricks, and cured concrete, which are not mixed with other waste, and which are not derived from an ore mining activity. See Maine Revised Statutes Title 38 Sec. 1303-C Insurance producer: means a person required to be licensed under subchapter II?A to sell, solicit or negotiate insurance. See Maine Revised Statutes Title 24-A Sec. 1402 Land clearing debris: means solid wastes resulting from the clearing of land and consisting solely of brush, stumps, soil material and rocks. See Maine Revised Statutes Title 38 Sec. 1303-C 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 License: means a document issued by the superintendent authorizing a person to act as an insurance producer, adjuster or consultant for kinds of insurance specified in the document as authorized in this chapter. See Maine Revised Statutes Title 24-A Sec. 1402 Life and health consultant: means a person licensed as a consultant to advise on life contracts, annuity contracts and health insurance contracts. See Maine Revised Statutes Title 24-A Sec. 1402 Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Nonresident: means a person other than a resident of this State. See Maine Revised Statutes Title 24-A Sec. 1402 Open-municipal solid waste landfill: means a solid waste landfill owned by a municipality or group of municipalities, the Passamaquoddy Tribe, the Penobscot Nation or a quasi-municipal entity, such as a county or legislatively chartered village corporation, handling solid waste on or after February 1, 1976. See Maine Revised Statutes Title 38 Sec. 1310-C Permanent place of business: means any building or other permanently affixed structure, including a home residence, which is owned or held under a 12-month lease or rental agreement at the time business is commenced and is used in whole or in part for the purpose of engaging in sales or promotion of business opportunities. See Maine Revised Statutes Title 32 Sec. 4691 Property and casualty consultant: means a person licensed as a consultant to advise on any one or more of the following kinds of insurance:
A. See Maine Revised Statutes Title 24-A Sec. 1402Purchaser: means a person who purchases, leases or communicates with a seller concerning the purchase or lease of a business opportunity. See Maine Revised Statutes Title 32 Sec. 4691 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 Recycle: means to recover, separate, collect and reprocess waste materials for sale or reuse other than use as a fuel for the generation of heat, steam or electricity. See Maine Revised Statutes Title 38 Sec. 1303-C Recycling: means the collection, separation, recovery and sale or reuse of materials that would otherwise be disposed of or processed as waste or the mechanized separation and treatment of waste, other than through combustion, and the creation and recovery of reusable materials other than as a fuel for the generation of electricity. See Maine Revised Statutes Title 38 Sec. 1303-C Recycling facility: means a facility engaged exclusively in the recycling of materials. See Maine Revised Statutes Title 38 Sec. 1303-C Regional association: means 2 or more municipalities that have formed a relationship to manage the solid waste generated within the participating municipalities and for which those municipalities are responsible. See Maine Revised Statutes Title 38 Sec. 1303-C 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. remediation: includes but is not limited to installation of landfill leachate collection and treatment systems; vapor extraction systems; ground water collection and treatment; or slurry walls. See Maine Revised Statutes Title 38 Sec. 1310-C 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 of the following:
A. See Maine Revised Statutes Title 24-A Sec. 1402Residue: means waste remaining after the handling, processing, incineration or recycling of solid waste including, without limitation, front end waste and ash from incineration facilities. See Maine Revised Statutes Title 38 Sec. 1303-C Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Seller: means a person who sells, leases or distributes or offers to sell, lease or distribute, advertises or undertakes any other act relating to the promotion of business opportunities. See Maine Revised Statutes Title 32 Sec. 4691 Site: means the same or geographically contiguous property which may be divided by a public or private right-of-way, as long as the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. See Maine Revised Statutes Title 38 Sec. 1303-C Sludge: means nonhazardous solid, semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or wet process air pollution control facility or any other waste having similar characteristics and effect. See Maine Revised Statutes Title 38 Sec. 1303-C Solid waste: means useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing, including, but not limited to, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse, but does not include hazardous waste, biomedical waste, septage or agricultural wastes. See Maine Revised Statutes Title 38 Sec. 1303-C Solid waste disposal facility: means a solid waste facility for the incineration or landfilling of solid waste or refuse-derived fuel. See Maine Revised Statutes Title 38 Sec. 1303-C Solid waste facility: means a waste facility used for the handling of solid waste, except that the following facilities are not included:
A. See Maine Revised Statutes Title 38 Sec. 1303-CSolid waste landfill: means a waste disposal facility for the disposal of solid waste on or in land. See Maine Revised Statutes Title 38 Sec. 1303-C Solid waste landfill: means a waste facility for the permanent disposal of solid waste on or in land. See Maine Revised Statutes Title 38 Sec. 1310-C Solid waste processing facility: includes but is not limited to a facility that employs shredding, baling, mechanical and magnetic separation or composting or other stabilization technique to reduce or otherwise change the nature of solid waste. See Maine Revised Statutes Title 38 Sec. 1303-C Special waste: means any solid waste generated by sources other than domestic and typical commercial establishments that exists in such an unusual quantity or in such a chemical or physical state, or any combination thereof, that may disrupt or impair effective waste management or threaten the public health, human safety or the environment and requires special handling, transportation and disposal procedures. See Maine Revised Statutes Title 38 Sec. 1303-C Statute: A law passed by a legislature. Storage: means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes. See Maine Revised Statutes Title 38 Sec. 1303-C Subpoena: A command to a witness to appear and give testimony. 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. Treatment: means any process, including but not limited to incineration, designed to change the character or composition of any hazardous waste, waste oil or biomedical waste so as to render the waste less hazardous or infectious. See Maine Revised Statutes Title 38 Sec. 1303-C United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Waste facility: means any land area, structure, location, equipment or combination of them, including dumps, used for handling hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C Waste generated within the State: means :
A. See Maine Revised Statutes Title 38 Sec. 1303-CWaste management: means purposeful, systematic and unified control of the handling and transportation of hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C Wood wastes: means brush, stumps, lumber, bark, woodchips, shavings, slabs, edgings, slash and sawdust, which are not mixed with other waste. See Maine Revised Statutes Title 38 Sec. 1303-C Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72