Maine Revised Statutes > Title 5 > Part 12 > Chapter 337 > Subchapter 6 – Commission Action
Current as of: 2023 | Check for updates
|
Other versions
§ 4611 | Complaint |
§ 4612 | Procedure on complaints |
§ 4613 | Procedure in Superior Court |
§ 4614 | Attorney’s fees and costs |
Terms Used In Maine Revised Statutes > Title 5 > Part 12 > Chapter 337 > Subchapter 6 - Commission Action
- Act: means the Animal Welfare Act. See Maine Revised Statutes Title 7 Sec. 3907
- Animal: means a dog, wholly of the species canis familiaris, or a cat, wholly or in part of the species felis domesticus. See Maine Revised Statutes Title 7 Sec. 4151
- Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 7 Sec. 3907
- Animal control: means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948. See Maine Revised Statutes Title 7 Sec. 3907
- Animal control officer: means the person appointed periodically by a municipality pursuant to chapter 725. See Maine Revised Statutes Title 7 Sec. 3907
- Animal rescue entity: means a nonprofit organization having tax-exempt status under the United States Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole or in significant part, the rescue and placement into permanent homes of animals and that does not breed animals. See Maine Revised Statutes Title 7 Sec. 4151
- Animal shelter: means a:
A. See Maine Revised Statutes Title 7 Sec. 3907Answer: 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. Appraisal: A determination of property value. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Breeder: means a person, firm, partnership, corporation or association that breeds animals for direct or indirect sale to the public. See Maine Revised Statutes Title 7 Sec. 4151 Breeding kennel: means a location where 5 or more adult female dogs or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. See Maine Revised Statutes Title 7 Sec. 3907 Cat: means a member of the genus and species known as Felis catus. See Maine Revised Statutes Title 7 Sec. 3907 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 3907 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Constable: means a law enforcement officer appointed by municipal officers pursuant to law. See Maine Revised Statutes Title 7 Sec. 3907 Continuance: Putting off of a hearing ot trial until a later time. 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. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Dog: means a member of the genus and species known as canis familiaris, except that in chapters 720, 721, 725, 727, 729 and 739 "dog" means a member of the genus and species known as canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris with a wolf hybrid. See Maine Revised Statutes Title 7 Sec. 3907 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 Equine: means a horse, pony, mule, donkey or hinny. See Maine Revised Statutes Title 7 Sec. 4101 Equine activity: includes but is not limited to the following:
A. See Maine Revised Statutes Title 7 Sec. 4101Equine activity sponsor: means an individual, group, club, partnership, corporation or other entity, whether operating for profit or nonprofit, that sponsors, organizes or provides the facilities for an equine activity, including, but not limited to: pony clubs; 4-H clubs; field trial clubs; hunt clubs; riding clubs; classes or programs sponsored by a school or college; therapeutic riding programs; and operators, instructors and promoters of equine facilities at which equine activities are held, including, but not limited to, stables, clubhouses, ponyride strings, fairs and arenas. See Maine Revised Statutes Title 7 Sec. 4101 Equine event: means an event in which an equine activity occurs, including, but not limited to, fairs, competitions, performances or parades that involve any breed of equine and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, 4-H events, Pony Club events, rodeos, driving, pulling, cutting, reining, team penning, barrel racing, polo, steeplechasing, endurance or nonendurance trail riding, English and western performance riding, games, packing, recreational riding and hunting. See Maine Revised Statutes Title 7 Sec. 4101 Equine professional: means a person engaged for compensation:
A. See Maine Revised Statutes Title 7 Sec. 4101Equitable: 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. Executor: A male person named in a will to carry out the decedent 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. Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. 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. Health problem: means any disease, illness or any congenital or hereditary condition that would impair the health or function of an animal. See Maine Revised Statutes Title 7 Sec. 4151 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Humane agent: means an employee of the department who assists in enforcing this Part. See Maine Revised Statutes Title 7 Sec. 3907 Humanely clean conditions: means that both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions and other waste materials, dirt and trash with sufficient frequency to minimize health hazards and to provide adequately clean living conditions for the species of animal. See Maine Revised Statutes Title 7 Sec. 3907 hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Inherent risks of equine activities: means those dangers and conditions that are an integral part of equine activities, including, but not limited to:
A. See Maine Revised Statutes Title 7 Sec. 4101Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. Juror: A person who is on the jury. Keeper: means a person in possession or control of a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 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 Law enforcement officer: means any person who, by virtue of the person's public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 7 Sec. 3907 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 Lien: A claim against real or personal property in satisfaction of a debt. Livestock: means cattle; equines; sheep; goats; swine; domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama and genus vicugna; bison; and ratites. See Maine Revised Statutes Title 7 Sec. 3907 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 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 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Municipality: means an organized city, town or plantation. See Maine Revised Statutes Title 7 Sec. 3907 Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 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. Offer for sale: means to sell, offer to transfer, offer for adoption, advertise for sale, barter, auction, give away or otherwise dispose of an animal. See Maine Revised Statutes Title 7 Sec. 4151 Owner: means a person owning, keeping or harboring a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 Participant: means a person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See Maine Revised Statutes Title 7 Sec. 4101 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, association or any other legal entity. See Maine Revised Statutes Title 7 Sec. 3907 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Personal property: All property that is not real property. Pet: means a dog, cat or other domesticated animal commonly kept as a companion, but does not include tamed animals that are ordinarily considered wild animals or livestock. See Maine Revised Statutes Title 7 Sec. 3907 Pet shop: means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public. See Maine Revised Statutes Title 7 Sec. 3907 Plaintiff: The person who files the complaint in a civil lawsuit. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Raptor: means a bird of the order Strigiformes and of the families Accipitridae and Falconidae commonly called buteos, accipiters, falcons and owls. See Maine Revised Statutes Title 12 Sec. 10001 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. registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 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. Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Seller: includes animal dealers required to be licensed by the United States Department of Agriculture. See Maine Revised Statutes Title 7 Sec. 4151 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. Spectator: means a person who is in the vicinity of an equine activity but who is not a participant. See Maine Revised Statutes Title 7 Sec. 4101 Statute: A law passed by a legislature. Stray: means off the owner's premises and not under the control of a person. See Maine Revised Statutes Title 7 Sec. 3907 Summons: Another word for subpoena used by the criminal justice system. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Unorganized territory: means all areas located within the jurisdiction of the State, except areas located within organized cities and towns, and Indian reservations. See Maine Revised Statutes Title 7 Sec. 3907 valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001 Verdict: The decision of a petit jury or a judge. Vertebrate: means a subphylum of chordate animals comprising those having a brain enclosed in a skull or cranium and a segmented spinal column, including mammals, birds, reptiles, amphibians and fish. See Maine Revised Statutes Title 7 Sec. 3907 Veterinarian: means a person licensed as a veterinarian in any state. See Maine Revised Statutes Title 7 Sec. 4151 Wolf hybrid: includes a mammal that is represented by its owner to be a wolf hybrid, coyote hybrid, coydog or any other kind of wild canid hybrid. See Maine Revised Statutes Title 7 Sec. 3907 Writ: A formal written command, issued from the court, requiring the performance of a specific act.