Maine Revised Statutes > Title 5 > Part 18 > Chapter 375 > Subchapter 4 – Adjudicatory Proceedings
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Terms Used In Maine Revised Statutes > Title 5 > Part 18 > Chapter 375 > Subchapter 4 - Adjudicatory Proceedings
- Abandoned: means left without provision for reasonable and necessary care or supervision. See Maine Revised Statutes Title 19-A Sec. 1732
- Act: means the Maine Governmental Facilities Authority Act. See Maine Revised Statutes Title 4 Sec. 1603
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
- Adjudicated parent: means a person who has been adjudicated by a court of competent jurisdiction to be the parent of a child. See Maine Revised Statutes Title 19-A Sec. 1832
- Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 19-A Sec. 101
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Maine Revised Statutes Title 9-B Sec. 131
- Agency: means a governmental entity subject to review pursuant to this chapter, but not subject to automatic termination. See Maine Revised Statutes Title 3 Sec. 953
- Agency: means any body of State Government authorized by law to adopt rules under Title 5, chapter 375. See Maine Revised Statutes Title 3 Sec. 971
- Agency: means a branch office of a financial institution at which all or part of the business of the institution is conducted, but the records pertaining to such business are maintained at another office of the institution, and not at such agency office. See Maine Revised Statutes Title 9-B Sec. 131
- Allegation: something that someone says happened.
- Alleged father: means :
A. See Maine Revised Statutes Title 19-A Sec. 1601Amendment: 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. 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. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Assisted reproduction: means a method of causing pregnancy other than sexual intercourse and includes but is not limited to:
A. See Maine Revised Statutes Title 19-A Sec. 1832Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings. Authority: means the Maine Governmental Facilities Authority as established by this Act. See Maine Revised Statutes Title 4 Sec. 1603 Authorized to do business in this State: means that a financial institution or credit union is authorized to do the business of banking, if it is:
A. See Maine Revised Statutes Title 9-B Sec. 131Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bailiff: a court officer who enforces the rules of behavior in courtrooms. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. 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 Best interests of the child: means an outcome that serves or otherwise furthers the health, safety, well-being, education and growth of the child. See Maine Revised Statutes Title 4 Sec. 1551 Blood or tissue-typing tests: means tests that demonstrate through examination of genetic markers the paternity of a child. See Maine Revised Statutes Title 19-A Sec. 1601 Board: means a bureau, board or commission listed in Title 10, section 8001 or 8001?A, other licensor that is affiliated with or is a part of the Department of Professional and Financial Regulation, the Board of Overseers of the Bar or any other state agency or municipality that issues a license authorizing a person to engage in a business, occupation, profession or industry and any state agency, bureau, board, commission or municipality that issues a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity. See Maine Revised Statutes Title 19-A Sec. 2101 Bonds: means any bonds or securities of the Maine Governmental Facilities Authority issued pursuant to this Act. See Maine Revised Statutes Title 4 Sec. 1603 Branch: means any office of a financial institution, including a credit union, where the business of banking is conducted other than the institution's main office. See Maine Revised Statutes Title 9-B Sec. 131 Bureau: means the Bureau of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131 capital: means the sum of common stock, paid-in common stock surplus, perpetual preferred stock, undivided profits and other capital reserves; [PL 1997, c. See Maine Revised Statutes Title 9-B Sec. 131 Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 19-A Sec. 1732 Child: means an individual of any age whose parentage may be determined under this chapter. See Maine Revised Statutes Title 19-A Sec. 1832 Child custody determination: means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. See Maine Revised Statutes Title 19-A Sec. 1732 Child custody proceeding: means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. See Maine Revised Statutes Title 19-A Sec. 1732 Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501 Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. Closely related activities: means those activities that are part of the business of banking, are closely related to the business of banking, are convenient and useful to the business of banking, are reasonably related to the operation of a financial institution or are financial in nature. See Maine Revised Statutes Title 9-B Sec. 131 Commencement: means the filing of the first pleading in a proceeding. See Maine Revised Statutes Title 19-A Sec. 1732 Commercial activity: means any activity in which a bank holding company, a financial holding company, a national bank or a national bank financial subsidiary may not engage under federal law. See Maine Revised Statutes Title 9-B Sec. 131 Commercial bank: means a trust and banking company organized under prior laws of this State or the laws of another country or state or a national bank. See Maine Revised Statutes Title 9-B Sec. 131 Commercial loan: means a loan to a person, regardless of the nature of any property securing such loan, the proceeds of which are used for business or industrial purposes and not primarily for personal, family or household purposes. See Maine Revised Statutes Title 9-B Sec. 131 Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Commissioner: means the Commissioner of the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 9-B Sec. 131 Committee: means a joint legislative committee established to oversee program evaluation and government accountability matters. See Maine Revised Statutes Title 3 Sec. 992 Community development credit union: means a credit union, as defined in subsection 12, of which a majority of the field of membership meets the definition of low-income in subsection 24?A. See Maine Revised Statutes Title 9-B Sec. 131 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Compliance with a support order: means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
A. See Maine Revised Statutes Title 19-A Sec. 2101Consumer loan: means a loan defined as such pursuant to Title 9?A, section 1?301, subsection 14. See Maine Revised Statutes Title 9-B Sec. 131 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Cooperative financial institution: means any financial institution organized pursuant to chapter 32 in which the earnings and net worth of the institution inure to the ultimate benefit of the members. See Maine Revised Statutes Title 9-B Sec. 131 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. Counterclaim: A claim that a defendant makes against a plaintiff. Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1732 Credit card: means a credit device by which a cardholder obtains loans or otherwise obtains credit from the card issuer or other persons authorized to extend such credit by the card issuer or his agent. See Maine Revised Statutes Title 9-B Sec. 131 Credit union: means a cooperative, nonprofit corporation organized pursuant to Part 8, or under corresponding provisions of any earlier law, and subject to the conditions and limitations as shall be set forth in Part 8. See Maine Revised Statutes Title 9-B Sec. 131 Credit union authorized to do business in this State: means a credit union:
A. See Maine Revised Statutes Title 9-B Sec. 131Currently effective annual salary: means the annual salary on June 30, 1984, of the position from which the judge retired, or if the judge died in office, the position that judge held at death, increased on July 1, 1984, and each succeeding July 1st, by 6% of the salary, as adjusted, on the immediately preceding June 30th. See Maine Revised Statutes Title 4 Sec. 1401 Custodial parent: means a parent, caretaker relative or legal custodian of a dependent child who is the child's primary residential care provider. See Maine Revised Statutes Title 19-A Sec. 2101 Customer: means any person as that term "person" is defined in section 131, subsection 30 who utilized or is utilizing any service of a financial institution authorized to do business in this State or a credit union authorized to do business in this State or for whom a financial institution authorized to do business in this State or a credit union authorized to do business in this State is acting or has acted as a fiduciary in relation to an account maintained in the person's name. See Maine Revised Statutes Title 9-B Sec. 161 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. De novo branch: means a branch of a financial institution, out-of-state financial institution, federal association or national bank, that is originally established by the financial institution as a branch and does not become a branch of that financial institution as a result of the acquisition by the financial institution of a financial institution or the acquisition of a branch of a financial institution or through the conversion, merger or consolidation with that institution or branch. See Maine Revised Statutes Title 9-B Sec. 372 Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101 Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Dependent: A person dependent for support upon another. Dependent child: means any minor child who is not emancipated. See Maine Revised Statutes Title 19-A Sec. 2101 Deposit production offices: means the Maine offices operated by an individual financial institution authorized to do business in this State or individual credit union authorized to do business in this State that do not reasonably help meet the credit needs of Maine communities. See Maine Revised Statutes Title 9-B Sec. 131 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. deposits: includes credit union share accounts. See Maine Revised Statutes Title 9-B Sec. 131 Director: means the Director of the Office of Program Evaluation and Government Accountability. See Maine Revised Statutes Title 3 Sec. 992 Director: means a member of the governing body of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131 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: Disposable earnings: means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld. See Maine Revised Statutes Title 19-A Sec. 2101 Division: means the Family Division within the District Court established in section 183. See Maine Revised Statutes Title 4 Sec. 1551 Docket: A log containing brief entries of court proceedings. Donor: means a person who contributes a gamete or gametes or an embryo or embryos to another person for assisted reproduction or gestation, whether or not for consideration. See Maine Revised Statutes Title 19-A Sec. 1832 Donor: The person who makes a gift. Drowning set: means a trap set for wild animals that is:
A. See Maine Revised Statutes Title 12 Sec. 10001Earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and all gain derived from capital, from labor or from both combined, including profit gained through sale or conversion of capital assets, and unemployment compensation benefits and workers' compensation benefits. See Maine Revised Statutes Title 19-A Sec. 2101 Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC Embryo: means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a woman under conditions in which gestation may be reasonably expected to occur. See Maine Revised Statutes Title 19-A Sec. 1832 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 Equity interest: means common stock, preferred stock, members' or partners' interests or any other type of capital instrument that entitles the holder to vote pursuant to the financial institution's organizational documents. See Maine Revised Statutes Title 9-B Sec. 131 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. Executor: A male person named in a will to carry out the decedent FDIC: means the Federal Deposit Insurance Corporation or its successors. See Maine Revised Statutes Title 9-B Sec. 131 Federal association: means a savings and loan association, savings bank or other financial institution organized pursuant to the Act of Congress entitled "Home Owners' Loan Act of 1933" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131 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 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Federally-chartered credit union: means a credit union organized pursuant to the Act of Congress entitled "Federal Credit Union Act" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131 Fiduciary: A trustee, executor, or administrator. Financial institution: means a universal bank or limited purpose bank organized under the provisions of this Title, and a trust company, nondepository trust company, savings bank, industrial bank or savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131 Financial institution authorized to do business in this State: means a:
A. See Maine Revised Statutes Title 9-B Sec. 131Financial institution holding company: means any company which is deemed to be a holding company pursuant to the provisions contained in chapter 101. See Maine Revised Statutes Title 9-B Sec. 131 Financial institutions not authorized to do business in this State: means any person engaged in the business of banking that does not satisfy the definition of "authorized to do business in this State" found in subsection 2. See Maine Revised Statutes Title 9-B Sec. 131 Financial records: means the originals or copies of records held by a financial institution authorized to do business in this State or a credit union authorized to do business in this State or their agents or affiliates pertaining to a customer's relationship with the financial institution or credit union and includes information derived from such records. See Maine Revised Statutes Title 9-B Sec. 161 Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. Gamete: includes :
A. See Maine Revised Statutes Title 19-A Sec. 1832Genetic population group: means , for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information. See Maine Revised Statutes Title 19-A Sec. 1832 Genetic testing: includes an analysis of one or a combination of the following:
A. See Maine Revised Statutes Title 19-A Sec. 1832Gestational carrier: means an adult woman who is not an intended parent and who enters into a gestational carrier agreement to bear a child conceived using the gametes of other persons and not her own, except that a woman who carries a child for a family member using her own gametes and who fulfills the requirements of subchapter 8 is a gestational carrier. See Maine Revised Statutes Title 19-A Sec. 1832 Gestational carrier agreement: means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth. See Maine Revised Statutes Title 19-A Sec. 1832 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means the body that oversees the affairs of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131 Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian ad litem: means a person appointed as the court's agent to represent the best interests of one or more children pursuant to Title 18?C, section 1?111, Title 19?A, section 1507 or Title 22, section 4005. See Maine Revised Statutes Title 4 Sec. 1551 Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001 Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. His: as used in this Title , means "his or her;" while "he" means "he or she. See Maine Revised Statutes Title 9-B Sec. 131 Home state: means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. See Maine Revised Statutes Title 19-A Sec. 1732 Home state: means :
A. See Maine Revised Statutes Title 9-B Sec. 131Host state: means a state, other than the home state of an out-of-state financial institution, national bank or federal association, in which the financial institution maintains a branch or seeks to establish and maintain a branch. See Maine Revised Statutes Title 9-B Sec. 131 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Independent agency: means a governmental entity subject to review and to termination pursuant to this chapter. See Maine Revised Statutes Title 3 Sec. 953 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Indirect loan: means a loan made to an individual, partnership, joint venture, syndicate or corporation which is an agent of another individual, partnership, joint venture, syndicate or corporation, the proceeds of which are used by the party for which the borrower is an agent. See Maine Revised Statutes Title 9-B Sec. 131 Industrial bank: means a company organized under chapter 91 or having the powers possessed by companies so organized. See Maine Revised Statutes Title 9-B Sec. 131 Initial determination: means the first child custody determination concerning a particular child. See Maine Revised Statutes Title 19-A Sec. 1732 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. institute for savings: means a financial institution organized under the prior laws of this State that is authorized to exercise the powers set forth in Part 4, subject to the conditions and limitations on the exercise of those powers as set forth in Part 4. See Maine Revised Statutes Title 9-B Sec. 131 Insurance agent or agency: means a person engaged in the business of an insurance agent as defined in Title 24?A, section 1502. See Maine Revised Statutes Title 9-B Sec. 131 Insurance broker: means a person engaged in the business of an insurance broker as defined in Title 24?A, section 1506. See Maine Revised Statutes Title 9-B Sec. 131 Insurance consultant: means a person engaged in the business of an insurance consultant as defined in Title 24?A, section 1402, subsection 4, 8 or 11. See Maine Revised Statutes Title 9-B Sec. 131 Insurance product: means a contract of insurance that is offered for sale by a licensed agent or broker. See Maine Revised Statutes Title 9-B Sec. 131 Intended parent: means a person, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction or a gestational carrier agreement. See Maine Revised Statutes Title 19-A Sec. 1832 Interested party: means a person having a substantial interest in, or who is or may be aggrieved by, any act or impending act, or any report, rule, regulation, amendment, decision or order of the superintendent. See Maine Revised Statutes Title 9-B Sec. 131 Interstate branch acquisition: means the purchase of one or more branches of a financial institution, out-of-state financial institution, federal association or national bank whose home state is different from the home state of the acquiring financial institution, out-of-state financial institution, federal association or national bank and the transfer of any branches so acquired into branches of the acquiring financial institution, out-of-state financial institution, federal association or national bank. See Maine Revised Statutes Title 9-B Sec. 372 Interstate combination: means the merger, acquisition or consolidation of financial institutions, out-of-state financial institutions, federal associations or national banks, that have different home states when the branches of the acquired financial institution, out-of-state financial institution, federal association, or national bank become branches of the resulting financial institution, out-of-state financial institution, federal association or national bank. See Maine Revised Statutes Title 9-B Sec. 372 Investor: means any person who has an ownership interest in a financial institution and is entitled to vote under the institution's organizational documents. See Maine Revised Statutes Title 9-B Sec. 131 Investor-owned institution: means a financial institution organized under chapter 31. See Maine Revised Statutes Title 9-B Sec. 131 Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Maine Revised Statutes Title 19-A Sec. 1732 Issuing state: means the state in which a child custody determination is made. See Maine Revised Statutes Title 19-A Sec. 1732 Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. Judge: means any Justice of the Supreme Judicial Court or the Superior Court and any Judge of the District Court who retired prior to December 1, 1984, and includes Active Retired Judges who retired prior to December 1, 1984. See Maine Revised Statutes Title 4 Sec. 1401 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 Legal age: means the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry, and a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity, but does not mean a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9?B. See Maine Revised Statutes Title 19-A Sec. 2101 Licensee: means an individual holding a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry except an individual holding a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9?B. See Maine Revised Statutes Title 19-A Sec. 2101 Lien: A claim against real or personal property in satisfaction of a debt. limited purpose institution: means an institution operating pursuant to Part 12. See Maine Revised Statutes Title 9-B Sec. 131 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. loan and building association: means a financial institution organized under the prior laws of this State that is authorized to exercise the powers set forth in Part 4, subject to the conditions and limitations on the exercise of those powers as set forth in Part 4. See Maine Revised Statutes Title 9-B Sec. 131 Low-income: means earning less than 80% of the average income for all wage earners as established by the United States Department of Labor, Bureau of Labor Statistics or having an annual household income that falls at or below 80% of the median household income for the nation as established by the United States Department of Commerce, Bureau of the Census or as otherwise defined by order of the superintendent. See Maine Revised Statutes Title 9-B Sec. 131 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Making a loan: means a loan made to a borrower by a single financial institution, or the purchase of a loan as authorized in section 431?A. See Maine Revised Statutes Title 9-B Sec. 131 Medical support: means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise or for other medical costs not covered by insurance. See Maine Revised Statutes Title 19-A Sec. 1501 minor child: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 19-A Sec. 101 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Modification: means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Maine Revised Statutes Title 19-A Sec. 1732 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. Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors 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 mutual institution: means any financial institution organized pursuant to chapter 32, in which the earnings and net worth of the institution inure to the ultimate benefit of the depositors or members. See Maine Revised Statutes Title 9-B Sec. 131 Mutual voter: means a corporator or member as described in chapter 32. See Maine Revised Statutes Title 9-B Sec. 131 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC National bank: means a bank or bank and trust company organized pursuant to the Act of Congress entitled "The National Bank Act" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131 National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC Nondepository trust company: means any financial institution organized under chapter 121 with powers generally limited to trust or fiduciary matters. See Maine Revised Statutes Title 9-B Sec. 131 Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Notes: means any notes of the Maine Governmental Facilities Authority issued pursuant to this Act. See Maine Revised Statutes Title 4 Sec. 1603 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. 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. Obligee: means any person to whom a duty of support is owed. See Maine Revised Statutes Title 19-A Sec. 101 Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101 Office: means the Office of Program Evaluation and Government Accountability established in section 991. See Maine Revised Statutes Title 3 Sec. 992 Officer: means an employee of a financial institution who has been given managerial or other high-level duties by the governing body of the financial institution. See Maine Revised Statutes Title 9-B Sec. 131 Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Organizational document: means the charter, certificate of organization, articles of incorporation, articles of association, articles of organization, certificate of limited liability partnership, bylaws, operating agreement, partnership agreement or any other similar document required to be filed with and approved by the superintendent pursuant to section 314?A or 323. See Maine Revised Statutes Title 9-B Sec. 131 Other entity: means any public or private entity in this State that may be subject to program evaluation under this chapter as the result of its receipt or expenditure of public funds. See Maine Revised Statutes Title 3 Sec. 992 Out-of-state: means a foreign country or a state other than this State. See Maine Revised Statutes Title 9-B Sec. 131 Out-of-state financial institution: means a financial institution organized under provisions of law of a foreign country or a state other than this State that maintains, or seeks to establish and maintain, a branch in this State. See Maine Revised Statutes Title 9-B Sec. 131 Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101 Parent: means an individual who has established parentage that meets the requirements of this chapter. See Maine Revised Statutes Title 19-A Sec. 1832 Parentage: means the legal relationship between a child and a parent as established in this chapter. See Maine Revised Statutes Title 19-A Sec. 1832 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. Paternity or maternity index: means , with respect to a person who has undergone genetic testing, the likelihood of genetic paternity or maternity calculated by computing the ratio between:
A. See Maine Revised Statutes Title 19-A Sec. 1832Paternity proceeding: means the administrative proceeding provided in this subchapter for the commencement of an action to establish paternity under subchapter I. See Maine Revised Statutes Title 19-A Sec. 1601 Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity. See Maine Revised Statutes Title 19-A Sec. 1732 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual, corporation, partnership, joint venture, trust, estate or unincorporated association. See Maine Revised Statutes Title 9-B Sec. 131 Person acting as a parent: means a person, other than a parent, who:
A. See Maine Revised Statutes Title 19-A Sec. 1732Personal property: All property that is not real property. Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1761 Physical custody: means the physical care and supervision of a child. See Maine Revised Statutes Title 19-A Sec. 1732 Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. 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. Policy committee: means the joint standing committee of the Legislature having jurisdiction over taxation matters. See Maine Revised Statutes Title 3 Sec. 992 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Presumed parent: means a person who pursuant to section 1881 is recognized as the parent of a child. See Maine Revised Statutes Title 19-A Sec. 1832 Private health insurance: means fee-for-service, health maintenance organization, preferred provider organization and other types of coverage available to either parent under which medical services could be provided to a child. See Maine Revised Statutes Title 19-A Sec. 1501 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Program evaluation: means an examination of any government program that includes performance audits, management analysis, inspections, operations, research or examinations of efficiency, effectiveness or economy or the evaluation of any tax expenditure required under this chapter. See Maine Revised Statutes Title 3 Sec. 992 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public assistance: means money payments and medical care furnished to or on behalf of dependent children by the State. See Maine Revised Statutes Title 19-A Sec. 2101 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Qualified auditor: means an auditor who meets the education and experience requirements of the Office of State Auditor as defined in Title 5, section 241. See Maine Revised Statutes Title 3 Sec. 992 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 estate-related services: means :
A. See Maine Revised Statutes Title 9-B Sec. 131Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 19-A Sec. 1832 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC 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. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). 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 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. 10001Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1761 Responsible parent: means the parent of a dependent child. See Maine Revised Statutes Title 19-A Sec. 2101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retrospective review: means a review of a rule by an agency for any change in the relevance, clarity and reasonableness of the rule between the time of its initial adoption and the time of the review. See Maine Revised Statutes Title 3 Sec. 971 Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. Satellite facility: means any facility, automated device or electronic terminal established by a financial institution authorized to do business in this State or a credit union authorized to do business in this State at which an existing financial institution or credit union customer may initiate banking transactions, including, but not limited to, cash deposits to and withdrawals from that customer's account, cash advances on a preauthorized credit line, transfers between deposit or share accounts or payment transfers from the customer's account to accounts of other financial institution or credit union customers. See Maine Revised Statutes Title 9-B Sec. 131 savings deposit: means a deposit or account in a financial institution in which the depositor is not required by the deposit contract, but may at any time be required by the financial institution, to give notice in writing of an intended withdrawal not less than 7 days before such withdrawal is made and that is not payable on a specified date or at the expiration of a specified time after the date of deposit. See Maine Revised Statutes Title 9-B Sec. 131 Securities: means any bonds, notes or other evidences of indebtedness authorized by this Act. See Maine Revised Statutes Title 4 Sec. 1603 Service corporation: means a corporation, limited liability company or limited partnership substantially all the activities of which consist of originating, purchasing, selling and servicing loans and participation interests therein; or clerical, bookkeeping, accounting and statistical or similar functions related to a financial institution or real estate activities; or management, personnel, marketing or investment counseling related to a financial institution or real estate activities; or establishing or operating one or more satellite facilities; or any activity authorized by the superintendent by rule or order that has been authorized under federal law for service corporations owned or controlled by national banks, federally chartered savings and loan associations, federally chartered savings banks or federally chartered credit unions. See Maine Revised Statutes Title 9-B Sec. 131 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. Share account: includes , but is not limited to, accounts such as share, share draft and term share accounts. See Maine Revised Statutes Title 9-B Sec. 131 Sign: means , with the intent to authenticate or adopt a record, to:
A. See Maine Revised Statutes Title 19-A Sec. 1832Signatory: means an individual who signs a record and is bound by its terms. See Maine Revised Statutes Title 19-A Sec. 1832 Sociological composition: means the reflection of broad social and economic characteristics of the communities in which a mutual financial institution derives a substantial part of its deposit and loan business. See Maine Revised Statutes Title 9-B Sec. 131 state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 19-A Sec. 1732 State agency: means each state board, commission, department, program, office or institution, educational or otherwise, of this State. See Maine Revised Statutes Title 3 Sec. 992 Statistic: includes , but is not limited to, a sum, mean, median, maximum, minimum, range and variance. See Maine Revised Statutes Title 3 Sec. 992 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Subsidiary: means a corporation, partnership, business trust, association or similar organization, all of which are referred to in this subsection as "another company" owned or controlled by a financial institution or financial institution holding company. See Maine Revised Statutes Title 9-B Sec. 131 Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the Superintendent of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131 Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 19-A Sec. 2101 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Thrift institution: means a savings bank or a savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131 Time certificate of deposit: means a deposit evidenced by a negotiable or nonnegotiable instrument which provides on its face that the amount of such deposit is payable to bearer or to any specified person or to his order:
A. See Maine Revised Statutes Title 9-B Sec. 131Time deposit: means "time certificate of deposit" and "time deposit, open account". See Maine Revised Statutes Title 9-B Sec. 131 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Total capital: means the sum of capital, as defined in subsection 6, plus capital notes and debentures, other instruments approved by the superintendent and the allowance for loan losses or other similar reserves. See Maine Revised Statutes Title 9-B Sec. 131 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tribe: means an Indian tribe or band or an Alaskan Native village recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 19-A Sec. 1732 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC trust and banking company: means any financial institution organized under the prior laws of this State that is authorized to exercise the powers set forth in Part 4, subject to the conditions and limitations on the exercise of those powers as set forth in Part 4. See Maine Revised Statutes Title 9-B Sec. 131 Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Universal bank: means an investor-owned institution or a mutual financial institution authorized by its organizational documents to exercise all the powers granted in Part 4 and includes a trust company, a savings bank and a savings and loan association chartered by special act of the Legislature, established prior to October 1, 1975 or established pursuant to this Title. See Maine Revised Statutes Title 9-B Sec. 131 Uphold: The decision of an appellate court not to reverse a lower court decision. 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 Venue: The geographical location in which a case is tried. Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Maine Revised Statutes Title 19-A Sec. 1732 Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001 Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001 Wolf: means the Gray Wolf (Canis lupus). See Maine Revised Statutes Title 12 Sec. 10001 Working paper: means all documentary and other information acquired, prepared or maintained by the office during the conduct of a program evaluation, including all intra-agency and interagency communications relating to a program evaluation and includes electronic messages and draft reports or any portion of a draft report. See Maine Revised Statutes Title 3 Sec. 992 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72