Maine Revised Statutes > Title 3 > Chapter 21 > Subchapter 5 – Sanctions for Enforcement of Rules


§ 471	Legislative responsibility
§ 472	Erroneously compelled testimony
§ 473	Contempt
§ 474	Saving clause

Terms Used In Maine Revised Statutes > Title 3 > Chapter 21 > Subchapter 5 - Sanctions for Enforcement of Rules

Agricultural enterprise: means knowledge, skill or labor applied to growing or raising plants or animals, harvesting plants or growing or obtaining plant or animal by-products, includes forestry and aquaculture and includes production, processing, storing, packaging or marketing products derived from agricultural enterprise. See Maine Revised Statutes Title 10 Sec. 963-A
Authority: means the Finance Authority of Maine as established by this chapter. See Maine Revised Statutes Title 10 Sec. 963-A
Cigarette paper: means those papers or paper-like products used to roll cigarettes, which by advertising, design or use facilitate the use of tobacco or other products for inhalation. See Maine Revised Statutes Title 22 Sec. 1551
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consumer: means an individual who purchases, receives or possesses tobacco products for personal consumption and not for resale. See Maine Revised Statutes Title 22 Sec. 1551
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.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Delivery sale: means a sale of tobacco products to a consumer in this State when:

A. See Maine Revised Statutes Title 22 Sec. 1551

Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A

distributor: means a person licensed as a distributor under Title 36, chapter 704. See Maine Revised Statutes Title 22 Sec. 1551

Eligible collateral: means accounts, as-extracted collateral, chattel paper, commercial tort claims, consumer goods, deposit accounts, documents, equipment, farm products, fixtures, general intangibles, instruments, investment property, inventory, letter of credit rights, manufactured homes, money, real estate, supporting obligations and accessions to any of the foregoing and any other business assets. See Maine Revised Statutes Title 10 Sec. 963-A

Eligible enterprise: means an agricultural enterprise, fishing enterprise, industrial enterprise, manufacturing enterprise or recreational enterprise. See Maine Revised Statutes Title 10 Sec. 963-A

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}

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.

facility: means any aboveground oil storage tank or tanks, together with associated piping, and transfer and dispensing facilities located over land or water of the State at a single location for more than 4 months per year and used or intended to be used for the storage or supply of oil. See Maine Revised Statutes Title 10 Sec. 963-A

Fishing enterprise: means knowledge, skill or labor applied to growing or catching fish, including shellfish, in fresh or salt water, including aquaculture, and includes production, processing, storing, packaging or marketing products derived from fishing enterprises. See Maine Revised Statutes Title 10 Sec. 963-A

Industrial enterprise: means knowledge, skill or labor applied to conduct of a trade or business, selling of goods, providing services, providing dwelling accommodations, mining, education or discovery, research, development or refinement of new or known substances, processes or products. See Maine Revised Statutes Title 10 Sec. 963-A

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

Insured: means any individual, partnership, corporation, association or other entity which is the beneficiary of a loan insurance agreement with the authority. See Maine Revised Statutes Title 10 Sec. 963-A

Insured certificate: means a certificate evidencing fractional undivided ownership interest in a pool of mortgage loans, each of which is insured by the authority pursuant to this chapter, that is insured by the authority pursuant to and subject to the limitations of section 1026?E. See Maine Revised Statutes Title 10 Sec. 963-A

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}

investigating committee: is a ny committee of the Legislature which has been granted by the Legislature the power to administer oaths, issue subpoenas and take depositions, as authorized by section 165, subsection 7. See Maine Revised Statutes Title 3 Sec. 402

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.

Law enforcement agency: means any state, county, municipality or other political unit within the territory belonging to the State or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government that employs law enforcement officers. See Maine Revised Statutes Title 25 Sec. 3851

Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 25 Sec. 3851

Legal age: means the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72

Lien: A claim against real or personal property in satisfaction of a debt.

Loan: means an extension of credit made in consideration of a written promise of repayment or any other conditions that may be established by the authority, performance of which may be secured by mortgage. See Maine Revised Statutes Title 10 Sec. 963-A

Loan payments: means payments required by or received on account of a mortgage or any other financial document, including, but not limited to, payments covering interest, installments of principal, taxes, assessments, loan insurance premiums and hazard insurance premiums. See Maine Revised Statutes Title 10 Sec. 963-A

Manufacturing enterprise: means knowledge, skill or labor applied to giving of new shapes, new qualities or new combinations to matter as material products and includes assembling, fabricating, making, creating, working, preparing, milling, processing, recycling, manufacturing, finishing, fashioning, producing, storing, warehousing, preserving, distributing, handling or transporting in any manner goods, wares, merchandise, metals, fabrics, materials, substances, product or matter of any kind or nature including materials recovered from solid and hazardous wastes. See Maine Revised Statutes Title 10 Sec. 963-A

Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72

Mortgage: means an agreement granting a lien upon or a security interest in eligible collateral upon certain conditions and includes, but is not limited to, a mortgage of real estate, an assignment of rents, a pledge or a security agreement. See Maine Revised Statutes Title 10 Sec. 963-A

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}

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

Natural resource enterprise: means an agricultural enterprise or a fishing enterprise, but does not include selling of food at wholesale or retail, except when that selling is carried out as part of the natural resource enterprise. See Maine Revised Statutes Title 10 Sec. 963-A

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.

Person: means an individual, corporation, partnership or unincorporated association. See Maine Revised Statutes Title 22 Sec. 1551

Premium cigar: means a cigar that weighs more than 3 pounds per 1,000 and is wrapped in whole tobacco leaf. See Maine Revised Statutes Title 22 Sec. 1551

Project: means any eligible project. See Maine Revised Statutes Title 10 Sec. 963-A

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

Recreational enterprise: means knowledge, skill or labor applied to providing facilities or opportunities for recreation, culture, entertainment or tourism. See Maine Revised Statutes Title 10 Sec. 963-A

retailer: means a person located within or outside the State who sells tobacco products to a person in the State for personal consumption. See Maine Revised Statutes Title 22 Sec. 1551

security: means a note, bond, interim certificate, debenture or other evidence of indebtedness, including any recovery zone facility bond or qualified energy conservation bond, payment of which is secured by a pledge of revenues, as provided in section 1045?A or 1065, or by assignment or pledge of other eligible collateral. See Maine Revised Statutes Title 10 Sec. 963-A

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

Testify: Answer questions in court.

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

Testimony: is a ny form of evidence received by an investigating committee. See Maine Revised Statutes Title 3 Sec. 402

Tobacco product: means any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, a hookah, pipe tobacco, chewing tobacco, snuff or snus. See Maine Revised Statutes Title 22 Sec. 1551

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72

Waste oil: includes mixtures of waste oil and water. See Maine Revised Statutes Title 10 Sec. 963-A

witness: is a ny person who testifies before an investigating committee or who gives a deposition. See Maine Revised Statutes Title 3 Sec. 402

Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72