Terms Used In Maine Revised Statutes > Title 5 > Part 1 > Chapter 5 - Secretary of State
Accumulated contributions: means the sum of all the amounts credited to a member's individual account, together with regular interest on the account. See Maine Revised Statutes Title 3 Sec. 701
Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board of trustees. See Maine Revised Statutes Title 3 Sec. 701
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food. See Maine Revised Statutes Title 22 Sec. 2152
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
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.
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
Agreement of the parties: means the mutual agreement of the parties or their authorized representatives, and is distinguished from a unilateral condition imposed by any party to the agreement. See Maine Revised Statutes Title 10 Sec. 2361-A
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
Amenable species: means a species of exotic animal, as defined by the federal acts, the anatomy and biology of which are substantially the same as an animal that is currently inspected. See Maine Revised Statutes Title 22 Sec. 2511
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Animal food manufacturer: means a person engaged in the business of preparing animal food, including poultry food, derived wholly or in part from livestock or poultry carcasses or parts or products of carcasses. See Maine Revised Statutes Title 22 Sec. 2511
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Application and service fees: means the amount of money charged for the cost of application, servicing or technical assistance. See Maine Revised Statutes Title 10 Sec. 963-A
Aquarium: means an enclosed container used in importing, possessing or displaying nonnative and exotic species of fish or other aquatic organisms that has a closed operating system, that is located within a home, exhibition building or other permanent all-season structure and that does not allow the discharge of water or aquatic organisms into the inland waters of the State. See Maine Revised Statutes Title 12 Sec. 10001
Arrest: Taking physical custody of a person by lawful authority.
Artificial lure: includes , but is not limited to, artificial flies, spinners, spoons, poppers, plugs, jigs and plastic, rubber or other artificial imitations of natural bait. See Maine Revised Statutes Title 12 Sec. 10001
Assisted reproduction: means a method of causing pregnancy other than sexual intercourse and includes but is not limited to:
Atlantic salmon: means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001
Average final compensation: means the average annual rate of earnable compensation of a member during the 3 years of creditable service, not necessarily consecutive, in which the average annual rate of earnable compensation is highest or during the member's entire period of creditable service if the period is less than 3 years. See Maine Revised Statutes Title 3 Sec. 701
Baitfish: means only those species in the following list:
Baitfish trap: means a device used to take baitfish fitted with rigid entrance or exit holes and having a volume no greater than 50 cubic feet. See Maine Revised Statutes Title 12 Sec. 10001
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.
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.
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-borne pathogen test: means a test that indicates the presence of a specific blood-borne transmissible infectious agent. See Maine Revised Statutes Title 22 Sec. 831
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
Broker: means a person who, for a fee, commission or other valuable consideration, arranges or offers to arrange a transaction involving the sale, for purposes other than resale, of a new motor vehicle and who is not:
butt diameter: means the diameter of the severed stem butt, measured outside the bark, the short way through the center, disregarding crevices and cracks. See Maine Revised Statutes Title 10 Sec. 2361-A
Butt measure: means the lineal measure of the butt end of tree length wood, without subsequent conversion to volume by any means. See Maine Revised Statutes Title 10 Sec. 2361-A
Butt scale: means the volume measure of wood based solely on measurement of the butt end of individual trees and converted to volume by any means. See Maine Revised Statutes Title 10 Sec. 2361-A
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
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Chambers: A judge's office.
Characterizing flavor: means a distinguishable taste or aroma of candy, chocolate, vanilla, fruit, berry, nut, herb, spice, honey or an alcoholic drink that is imparted to tobacco or tobacco smoke either prior to or during consumption. See Maine Revised Statutes Title 22 Sec. 1560-D
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 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
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
Clinic: as used in this subchapter , shall mean any place, establishment or institution which operates for the purpose of dispensing immunizing agents to persons who are not confined in that place. See Maine Revised Statutes Title 22 Sec. 1061
Commercial processor: means a person who maintains an official establishment under this chapter for the purpose of processing livestock, meat, meat food products, poultry or poultry products other than for the exclusive use in the household of the owner of the commodity by the owner and members of the owner's household and the owner's nonpaying guests and employees. See Maine Revised Statutes Title 22 Sec. 2511
Commercial slaughterhouse: means a person engaged in the business of slaughtering livestock or poultry other than as a custom slaughterhouse. See Maine Revised Statutes Title 22 Sec. 2511
Commercially: means , with regard to the buying, selling, bartering or trading of wildlife parts, for the purpose of resale or profit or receiving any form of remuneration. See Maine Revised Statutes Title 12 Sec. 10001
Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agents. See Maine Revised Statutes Title 22 Sec. 2152
Commitment to issue loan insurance: means a commitment to provide insurance for loan payments subject to terms specified by the authority. See Maine Revised Statutes Title 10 Sec. 963-A
Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
Communicable disease: means an illness or condition due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host. See Maine Revised Statutes Title 22 Sec. 801
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:
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
Consumer package: means a container or package that contains a product in its final form for sale to the end-use consumer. See Maine Revised Statutes Title 22 Sec. 2511
Contact notification program: means a program coordinated by the department to encourage any person infected with a communicable disease to identify others who may be at risk as a result of contact with the infected person; or to permit the department to notify those persons who may be at risk to inform them of the risk if the infected person refuses to cooperate. See Maine Revised Statutes Title 22 Sec. 801
Conviction: A judgement of guilt against a criminal defendant.
Cost of project: means the cost or value of land, buildings, real estate improvements, labor, materials, machinery and equipment, property rights, easements, franchises, financing charges, interest, engineering and legal services, plans, specifications, surveys, cost estimates, studies and other expenses as may be necessary or incidental to the development, construction, acquisition, financing and placing in operation of an eligible project. See Maine Revised Statutes Title 10 Sec. 963-A
County legislative delegation: means all state legislators whose legislative districts, in whole or in part, lie within the boundaries of a county. See Maine Revised Statutes Title 30-A Sec. 1
Court reporter: means a person who records legal proceedings by stenotype machine or other means allowed under the Maine Rules of Civil Procedure, Rule 30 and provides prompt preparation of an accurate, verbatim written transcript. See Maine Revised Statutes Title 4 Sec. 771
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Court reporting services provider: means a business, entity or firm that provides or arranges for court reporting services. See Maine Revised Statutes Title 4 Sec. 771
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
Creditable service: means service rendered while a member of the former Maine Legislative Retirement System, the Legislative Retirement Program, the former Maine State Retirement System or the State and Teacher Retirement Program for which credit is allowed under section 802. See Maine Revised Statutes Title 3 Sec. 701
Crossbow: means a device for propelling an arrow or bolt by means of traverse limbs and a string, mounted on a stock and having a working mechanical trigger safety device and a minimum draw weight of 100 pounds. See Maine Revised Statutes Title 12 Sec. 10001
Custom processor: means a person who maintains a registered establishment under this chapter for the purpose of processing livestock, meat, meat food products, poultry or poultry products exclusively for use in the household of the owner of the commodity by the owner and members of the owner's household and the owner's nonpaying guests and employees. See Maine Revised Statutes Title 22 Sec. 2511
Custom slaughterhouse: means a person who maintains a registered establishment under this chapter for the purposes of slaughtering livestock or poultry for another person's exclusive use by that person and members of that person's household and that person's nonpaying guests and employees, and who is not engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products or any cattle, sheep, swine, goats, poultry or other designated animals useable as human food. See Maine Revised Statutes Title 22 Sec. 2511
Dealer: shall mean any person engaged in the business of dealing in, selling, buying, exchanging or trading in weighing or measuring devices in this State;
Delivery service: means a person, including the United States Postal Service, who is engaged in the commercial delivery of letters, packages or other containers. See Maine Revised Statutes Title 22 Sec. 1551
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.
deputy sealer: shall mean , respectively, a sealer of weights and measures, and a deputy sealer of weights and measures, of a municipality or of several municipalities;
Designated family member: means the spouse, child, grandchild, parent, brother or sister of the owner of a new motor vehicle dealer who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealer under the terms of the owner's will, or who, in the case of an incapacitated owner of a new motor vehicle dealer, has been appointed by a court as the legal representative of the new motor vehicle dealer's property. See Maine Revised Statutes Title 10 Sec. 1171
Director: means the person designated by the commissioner to be in charge of the day-to-day operations of the state meat and poultry inspection and licensing program established by this chapter. See Maine Revised Statutes Title 22 Sec. 2511
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
Distributor branch: means a branch office maintained by a distributor or wholesaler who or which sells or distributes new or used motor vehicles to motor vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1171
Docket: A log containing brief entries of court proceedings.
Domesticated deer: means fallow deer, family Cervidae, subfamily Cervinae, genus Dama; red deer, family Cervidae, subfamily Cervinae, genus Cervus, species Elaphus; and any other species specified under Title 7, section 1333, subsection 1 kept as domestic animals for breeding stock or for sale as food. See Maine Revised Statutes Title 22 Sec. 2511
Earnings: 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
Eel: means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. See Maine Revised Statutes Title 12 Sec. 10001
Electric rate stabilization project: means an agreement by a transmission and distribution utility with a qualifying facility, as defined in Title 35?A, section 3303, that will result in the reduction of costs to the transmission and distribution utility and that has been certified by the Public Utilities Commission to meet the standards established under Title 35?A, section 3156. See Maine Revised Statutes Title 10 Sec. 963-A
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
Eligible entity: means any person, business, corporation, association, firm, partnership, municipality or other organization located in the State but does not include any agency of the State. See Maine Revised Statutes Title 10 Sec. 1099-A
Eligible project: includes any project, the financing of which through the issuance of revenue obligation securities would result in the interest on the revenue obligation securities qualifying, as of the date of issuance, as tax-exempt under 26 United States Code § 103, as amended. See Maine Revised Statutes Title 10 Sec. 963-A
Elver: means a member of the species Anguilla rostrata in that stage of its life cycle when it is less than 9 inches in length. See Maine Revised Statutes Title 12 Sec. 10001
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
employer of the person exposed: includes a self-employed person who is exposed to the potentially infectious blood or other body fluids of another person. See Maine Revised Statutes Title 22 Sec. 831
Endangered species: means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001
Energy conservation project: means the purchasing and installation of energy conservation equipment or facilities, including building modifications. See Maine Revised Statutes Title 10 Sec. 963-A
Energy distribution system project: means an energy distribution system owned, in whole or in part, by an individual, municipality, corporation or other governmental entity or business association and that uses biomass, peat, solar, waste, water and related dams, wind, wood or coal or that distributes or transmits oil, biofuels, propane, compressed natural gas, liquefied natural gas or natural gas. See Maine Revised Statutes Title 10 Sec. 963-A
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entrant to natural resource enterprises: means an individual or a business organization who or which engages or proposes to engage in one or more natural resource enterprises. See Maine Revised Statutes Title 10 Sec. 963-A
Environmental disease: means any abnormal condition or disorder aggravated or caused by exposure to an environmental hazard. See Maine Revised Statutes Title 22 Sec. 801
Environmental hazard: means chemicals, physical agents, biomechanical stressors and biological toxins that are present in the environment and that have an adverse effect on human health. See Maine Revised Statutes Title 22 Sec. 801
Environmentally related health effects: means chronic diseases, birth defects, developmental disabilities and other noninfectious health effects that may be related to exposure to environmental hazards. See Maine Revised Statutes Title 22 Sec. 801
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.
Essential tool: means a tool, implement or other device required by the manufacturer, including but not limited to a tablet, scanner, diagnostic machine, computer, computer program, computer software, website, website portal or similar tool, with respect to which there is no other similar tool or device available from any source other than the manufacturer or the representative of a manufacturer that will perform the function necessary to the diagnosis or repair of a manufacturer's express warranty claim on a new motor vehicle. See Maine Revised Statutes Title 10 Sec. 1171
Executive session: A portion of the Senate's daily session in which it considers executive business.
executive session: is a session at which only members of the investigating committee, staff of the committee, counsel to the committee, the witness and counsel may be present. See Maine Revised Statutes Title 3 Sec. 402
Executor: A male person named in a will to carry out the decedent
Exposure: means direct contact or interaction with an environmental hazard or toxic agent affecting or being taken into the body. See Maine Revised Statutes Title 22 Sec. 801
Extreme public health emergency: means the occurrence or imminent threat of widespread exposure to a highly infectious or toxic agent that poses an imminent threat of substantial harm to the population of the State. See Maine Revised Statutes Title 22 Sec. 801
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
Factory branch: means a branch office maintained by a manufacturer which manufactures or assembles motor vehicles for sale to distributors or motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See Maine Revised Statutes Title 10 Sec. 1171
Factory representative: means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing or contracting motor vehicle dealers or prospective motor vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1171
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.
Family farm corporation: means a corporation formed under the laws of the State for the purpose of farming and owning agricultural land in which at least 2/3 of the stock is held by members of a family related to each other within the 3rd degree of consanguinity or affinity, including the spouses, sons-in-law and daughters-in-law of any such family member. See Maine Revised Statutes Title 10 Sec. 963-A
Federal Government: means the United States, the President of the United States and any current or future corporation, department, agency, authority or instrumentality created, designated or established by the United States, including, but not limited to, the Federal Land Bank, the Federal Intermediate Credit Bank and the Bank for Cooperatives. See Maine Revised Statutes Title 10 Sec. 963-A
financial assistance: means guarantees, leases, insurance, financing credits, loans or the purchase or discounts thereof, letters of credit, financing assistance payments, grants or other financial aid. See Maine Revised Statutes Title 10 Sec. 963-A
Financial document: means a lease, installment sale agreement, conditional sale agreement, note, mortgage, loan agreement or other instrument pertaining to an extension of financial assistance. See Maine Revised Statutes Title 10 Sec. 963-A
financial institution: means any bank, trust company, national banking association, savings bank, savings and loan association, federal savings and loan association, industrial bank, mortgage company, insurance company, credit union, local development corporation or any other institution or entity authorized to do business in this State, or any state or federal agency which customarily provides financing assistance. See Maine Revised Statutes Title 10 Sec. 963-A
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 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
Finished wildlife products: means tanned animal hides and finished taxidermy mounts, including full or partial body mounts or antlers mounted on a plaque. See Maine Revised Statutes Title 12 Sec. 10001
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
Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001
Fishing derby: means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes. See Maine Revised Statutes Title 12 Sec. 10001
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
Fishway: means an artificial device, including fish elevators, fish locks and fish ladders, used to enable fish to migrate upstream past dams, waterfalls, rapids or other obstacles. See Maine Revised Statutes Title 12 Sec. 10001
Flavored cigar: means a cigar or any component part of the cigar that contains a constituent that imparts a characterizing flavor. See Maine Revised Statutes Title 22 Sec. 1560-D
Floor leaders: The Majority Leader and Minority Leader are elected by their respective party conferences to serve as the chief Senate spokesmen for their parties and to manage and schedule the legislative and executive business of the Senate. By custom, the Presiding Officer gives the floor leaders priority in obtaining recognition to speak on the floor of the Senate.
Fly: means a single, pointed hook dressed with feathers, hair, thread, tinsel or any similar material to which no additional hook, spinner, spoon or similar device is added. See Maine Revised Statutes Title 12 Sec. 10001
Food: means articles used for food or drink for humans or other animals, chewing gum and articles used for components of any such article. See Maine Revised Statutes Title 22 Sec. 2152
Food salvage establishment: means a food establishment engaged in reconditioning or by other means salvaging distressed merchandise and includes any food establishment that sells, buys, warehouses or distributes any salvaged merchandise. See Maine Revised Statutes Title 22 Sec. 2152
Franchise: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a motor vehicle dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise. See Maine Revised Statutes Title 10 Sec. 1171
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Genetic testing: includes an analysis of one or a combination of the following:
Gestational 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
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.
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.
Harass: means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns. See Maine Revised Statutes Title 12 Sec. 10001
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
Hunter orange: means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, excitation purity not less than 85% and luminance factor of not less than 40%. See Maine Revised Statutes Title 12 Sec. 10001
Immediate container: means a consumer package or any other container in which livestock products or poultry products are packed. See Maine Revised Statutes Title 22 Sec. 2511
Immunizing agent: means a vaccine, antitoxin or other substance used to increase an individual's immunity to a disease. See Maine Revised Statutes Title 22 Sec. 1061
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.
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
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
Infected person: means a person who is diagnosed as having a communicable disease or who, after appropriate medical evaluation or testing, is determined to harbor an infectious agent. See Maine Revised Statutes Title 22 Sec. 801
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001
Inspector: means an employee or official of the State or an employee or official of the Federal Government or of any other governmental entity of this State, authorized by the commissioner to perform inspection functions under this chapter under an agreement between the commissioner and the governmental entity. See Maine Revised Statutes Title 22 Sec. 2511
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
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
Interest rate swap agreement: means a financial agreement as defined by the Finance Authority of Maine by rule in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. See Maine Revised Statutes Title 10 Sec. 963-A
interested party: is a ny person who learns that that person has been specifically identified in testimony taken before an investigating committee and who reasonably believes that that person has been adversely affected by such testimony. See Maine Revised Statutes Title 3 Sec. 402
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
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
Label: means a display of written, printed or graphic matter upon a product or the immediate container, not including package liners, of a product. See Maine Revised Statutes Title 22 Sec. 2511
Labeling: means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers, or accompanying such article. See Maine Revised Statutes Title 22 Sec. 2152
Labeling: means all labels and other written, printed or graphic matter:
Landlocked salmon: means the subspecies Salmo salar Sebago that does not customarily migrate from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001
Lease: means a contract providing for the use of a project or portions of a project for a term of years for a designated or determinable rent. See Maine Revised Statutes Title 10 Sec. 963-A
Legislator: means a member of the Legislature who is actively serving as of December 3, 1986, or who is elected subsequent to December 2, 1986. See Maine Revised Statutes Title 3 Sec. 701
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
Licensed public weighmaster: shall mean and refer to all persons who shall, for hire, weigh or measure any commodity, produce or article and issue therefor, a weight certificate, which shall be accepted as the accurate weight, upon which the purchase or sale of such commodity is based;
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
Line make: means motor vehicles that are offered for sale, lease or distribution under a common name, trademark, service mark or brand name. See Maine Revised Statutes Title 10 Sec. 1171
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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 insurance agreement: means an agreement pursuant to which the authority insures payment of a loan pursuant to subchapter 2, and also means an agreement pursuant to which the authority insures or guarantees an insured certificate, if the authority's loan insurance liability for insuring an insured certificate is in lieu of and not in addition to its liability for insuring that portion of a mortgage loan represented by the insured certificate. 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
Local development corporation: means a nonprofit corporation established under Title 13, chapter 81; Title 13?B; or other law acceptable to the authority and empowered to foster, encourage and assist any eligible enterprise. See Maine Revised Statutes Title 10 Sec. 963-A
Local health officer: means a person who is a municipal official appointed pursuant to section 451 and who is authorized by the department to enforce this chapter. See Maine Revised Statutes Title 22 Sec. 801
Locally owned grocery store: means a grocery store at least 51% of which is owned by one or more residents of the State and that has a gross floor area of 25,000 square feet or less. See Maine Revised Statutes Title 22 Sec. 2511
manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1171
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
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Maturity date: means the date on which final payment is due as provided in a note, revenue obligation security or other financial document. See Maine Revised Statutes Title 10 Sec. 963-A
Meat: means muscle of livestock, an amenable species or an exotic animal as defined by the federal acts that is skeletal or that is found in the tongue, diaphragm, heart or esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels that normally accompany the muscle tissue but does not include the muscle found in the lips, snout or ears. See Maine Revised Statutes Title 22 Sec. 2511
meat and poultry products broker: means a person engaged in the business of buying or selling livestock products or poultry products for other persons on commission or otherwise negotiating purchases or sales of these products other than for the broker's account or as an employee of another person. See Maine Revised Statutes Title 22 Sec. 2511
meat product: means a product useable as human food that is made wholly or in part from any meat or other portion of a carcass of livestock, an amenable species or an exotic animal as defined by the federal acts, excepting products that are exempted from definition as a meat food product by the commissioner under conditions that the commissioner may prescribe to ensure that the meat or other portions of carcass contained in products are unadulterated and that products are not represented as meat food products. See Maine Revised Statutes Title 22 Sec. 2511
Merrymeeting Bay: means the waters of the Kennebec River bounded as follows: from the high-tension wires at Chop's Point to the first dam on the Androscoggin River, to the first road bridge on the Muddy, Cathance, Abbagadassett and Eastern Rivers and to the Richmond-Dresden Bridge on the Kennebec River, in the counties of Cumberland, Sagadahoc and Lincoln. See Maine Revised Statutes Title 12 Sec. 10001
Migratory game bird: means any of the following birds:
Mobile poultry processing unit: means a poultry slaughterhouse that meets the structural, operational and licensing requirements of a mobile poultry processing unit under the federal acts and that is operated by a person licensed under section 2514. See Maine Revised Statutes Title 22 Sec. 2511
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 loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
Mortgagor: means the grantor or party giving rights to eligible collateral pursuant to a mortgage and includes the successors or assigns of a mortgagor. See Maine Revised Statutes Title 10 Sec. 963-A
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motor vehicle dealer: means a person other than a manufacturer, distributor, distributor branch, distributor representative, factory branch or factory representative who sells or solicits or advertises the sale of new or used motor vehicles. See Maine Revised Statutes Title 10 Sec. 1171
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
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
New motor vehicle: means a motor vehicle that has not been previously sold to any person except a distributor, wholesaler or motor vehicle dealer for resale by a franchise. See Maine Revised Statutes Title 10 Sec. 1171
Nicotine water: means water that is sold in the State, that is intended for human consumption and that contains as an added ingredient nicotine or an alkaloid having similar physiological activity. See Maine Revised Statutes Title 22 Sec. 1560
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Notifiable disease or condition: means any communicable disease, occupational disease or environmental disease, the occurrence or suspected occurrence of which is required to be reported to the department pursuant to sections 821 to 825. See Maine Revised Statutes Title 22 Sec. 801
Occupational disease: means any abnormal condition or disorder, including an occupational injury, caused by exposure to environmental factors associated with employment. See Maine Revised Statutes Title 22 Sec. 801
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
Official certificate: means a certificate established by rule of the commissioner for issuance by an inspector or other person performing official functions under this chapter. See Maine Revised Statutes Title 22 Sec. 2511
Official establishment: means an establishment as determined by the commissioner at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this chapter. See Maine Revised Statutes Title 22 Sec. 2511
Official inspection legend: means a symbol established by rule of the commissioner showing that a product was inspected and passed in accordance with this chapter. See Maine Revised Statutes Title 22 Sec. 2511
Official mark: means the official inspection legend or any other symbol established by rule of the commissioner to identify the status of any product of livestock or poultry under this chapter. See Maine Revised Statutes Title 22 Sec. 2511
Open firearm season on deer: means the time during which it is lawful to hunt deer with a firearm, including the special muzzle-loading season as described in section 11404. See Maine Revised Statutes Title 12 Sec. 10001
Orphan share: means the percentage of the total response costs payable by parties who are bankrupt, dissolved, insolvent or no longer in business or whose current identity or location can not be determined. See Maine Revised Statutes Title 10 Sec. 963-A
Other organization: means any not-for-profit, sole proprietorship, partnership, corporation or association that is not a state agency. See Maine Revised Statutes Title 5 Sec. 1782
Oven-dried wood: means wood that has been oven-dried to remove its moisture content according to standards as adopted by the American Society of Testing and Materials. See Maine Revised Statutes Title 10 Sec. 2361-A
Overboard discharge replacement project: means the removal, rehabilitation or replacement of a privately owned waste water disposal system utilized by a business which results in an overboard discharge. See Maine Revised Statutes Title 10 Sec. 963-A
Oversight: Committee review of the activities of a Federal agency or program.
Paper industry job retention project: means the acquisition and improvement of a paper production facility in the State, in which not less than 40% of the ownership of the project will be, at the time the financial assistance is provided, owned or controlled by or for the benefit of a majority of the employees of the project through a qualified employee stock ownership program or other employee ownership program recognized in the federal Internal Revenue Code. 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.
Party: means a party to an action that is the subject of the legal proceeding for which court reporting services are provided or sought to be provided. See Maine Revised Statutes Title 4 Sec. 771
Past cost settlement: means the settlement between the potentially responsible parties, the United States and the State, embodied in the consent decree filed with the United States District Court for the District of Maine, Civil Docket 00-249-B. See Maine Revised Statutes Title 10 Sec. 963-A
Payment for services: means payment made for services in or incidental to harvesting, hauling or chipping wood, and does not involve transfer of title to the wood. See Maine Revised Statutes Title 10 Sec. 2361-A
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: includes an individual, partnership, corporation, association or other business unit and an officer, agent or employee. See Maine Revised Statutes Title 22 Sec. 2511
Person: means a natural person, corporation, partnership, trust or other entity, and, in case of an entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1171
Person: means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations;
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.
Pollution-control project: means any building, structure, machinery, equipment or facility, including transportation, equipment or facility, which may be deemed necessary for preventing, avoiding, reducing, controlling, abating or eliminating contamination, solid waste, thermal pollution or pollution by any other means of the air, water or earth, together with all land, property, rights, rights-of-way, franchises, easements and interests in lands necessary or convenient for the construction or operation of the project. See Maine Revised Statutes Title 10 Sec. 963-A
Poultry product: means a poultry carcass or part of a carcass or a product that is made wholly or in part from a poultry carcass or part of a carcass, excepting products that are exempted by the commissioner from definition as a poultry product under conditions that the commissioner may prescribe to ensure that the poultry ingredients in products are not adulterated and that these products are not represented as poultry products. See Maine Revised Statutes Title 22 Sec. 2511
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.
Prescribed care: means isolation, quarantine, examination, vaccination, medical care or treatment ordered by the department or a court pursuant to section 820. See Maine Revised Statutes Title 22 Sec. 801
Primary standards: means the physical standards of the State which serve as the legal reference from which all other standards and weights and measures are derived; [PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302
Primitive camping area: means a camping location that does not have access to a water supply that is approved by the Department of Health and Human Services. See Maine Revised Statutes Title 12 Sec. 10001
Private pond: means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Professional: when used with reference to office space, means professions or professionals regulated or licensed under applicable state law. See Maine Revised Statutes Title 10 Sec. 963-A
Properly installed: means a boiler or furnace installed in accordance with NFPA Standard 31 or subsequent NFPA installation standards adopted by the Maine Fuel Board. See Maine Revised Statutes Title 10 Sec. 1099-A
Properly prepared wood: means wood that was required to be harvested and yarded, and was prepared as directed, according to written cutting specifications. See Maine Revised Statutes Title 10 Sec. 2361-A
Property: means animals, inanimate objects, vessels, public conveyances, buildings and all other real or personal property. See Maine Revised Statutes Title 22 Sec. 801
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public health threat: means any condition or behavior that can reasonably be expected to place others at significant risk of exposure to a toxic agent or environmental hazard or infection with a notifiable disease or condition. See Maine Revised Statutes Title 22 Sec. 801
Public warehouse operator: means a person who acts as a temporary custodian of meat, meat food products or poultry products stored in that person's warehouse for a fee. See Maine Revised Statutes Title 22 Sec. 2511
Qualified boiler or furnace: means any new or replacement boiler or furnace fueled wholly or in part by waste oil that produces energy for space heating or cooling or for use in a manufacturing process and is listed by the Maine Fuel Board as a waste oil boiler or furnace. See Maine Revised Statutes Title 10 Sec. 1099-A
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.
Recess: A temporary interruption of the legislative business.
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
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
Recycling or waste reduction project: means any building, structure, machinery, equipment or facility which may be considered necessary for recovery, separation, remanufacture or reuse of materials contained in solid or hazardous waste or for the reduced generation of solid or hazardous waste, together with all land, property, rights, rights-of-way, franchises, easements and interests in lands necessary or convenient for the construction or operation of the project. See Maine Revised Statutes Title 10 Sec. 963-A
Regular interest: means interest at the rate which the Board of Trustees of the Maine Public Employees Retirement System sets from time to time, in accordance with Title 5, section 17156. See Maine Revised Statutes Title 3 Sec. 701
Reinspection: includes inspection of the preparation of livestock products and poultry products, as well as reexamination of products previously inspected. See Maine Revised Statutes Title 22 Sec. 2511
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.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Renderer: means a person engaged in the business of rendering livestock or poultry carcasses or parts of carcasses, except rendering conducted under inspection or exemption under this chapter. See Maine Revised Statutes Title 22 Sec. 2511
Repairman: shall mean any person engaged in the business of adjusting or repairing weighing or measuring devices in this State or an employee thereof engaged in such business; [PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302
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).
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:
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retail food establishment: means a food establishment where food and food products are offered for sale to the consumer and intended for off-premise consumption. See Maine Revised Statutes Title 22 Sec. 2152
Retail vendor: includes a person who operates a store or who sells or attempts to sell to consumers at their homes or otherwise sells, displays, advertises, offers or has available for sale meat food products or poultry products at retail for purchase by consumers. See Maine Revised Statutes Title 22 Sec. 2511
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
River herring: means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. See Maine Revised Statutes Title 12 Sec. 10001
Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto; and any option, subscription or other contract, or solicitation looking to a sale, or offer or attempt to sell in any form, whether spoken or written. See Maine Revised Statutes Title 10 Sec. 1171
Sale from bulk: means the sale of commodities when the quantity is determined at the time of sale;
Salvage broker: means a person, firm or corporation engaged in buying, selling, distributing or warehousing any distressed merchandise, whether or not in combination with other merchandise, which does not operate a food salvage establishment. See Maine Revised Statutes Title 22 Sec. 2152
Secondary standards: means the physical standards which are traceable to the primary standards through comparison, using acceptable laboratory procedures and used in the enforcement of weights and measures laws and regulations; [PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302
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
Seine: means an ordinary commercial-type minnow seine, not exceeding 1,200 square feet, used vertically to enclose baitfish when its ends are brought together or drawn ashore. See Maine Revised Statutes Title 12 Sec. 10001
Seller-sponsored loan: means a loan to one or more individuals or to a family farm corporation from the seller of agricultural land, which loan represents all or a significant portion of the purchase price for that land, provided that the authority has issued a certificate designating the loan as a seller-sponsored loan with respect to an identified seller after finding that the interest rate to be charged is reasonably consistent with current interest rates for loans for the purchase of agricultural land, and that the purchasers intend to use the land primarily for growing or raising plants or animals for business purposes. See Maine Revised Statutes Title 10 Sec. 963-A
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.
Set line: means a line extending into the water and rigged to catch fish that has one end secured to the shore or to a fixed or buoyant object and that is not personally attended. See Maine Revised Statutes Title 12 Sec. 10001
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.
Shipping container: means a container used or intended for use in packaging a livestock product or poultry product packed in an immediate container. See Maine Revised Statutes Title 22 Sec. 2511
Sign: means , with the intent to authenticate or adopt a record, to:
Significant economic hardship: means a hardship created for a small business by a monetary penalty or license suspension or revocation imposed by an agency enforcement action that appears likely to result in the:
Snagging: means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth. See Maine Revised Statutes Title 12 Sec. 10001
Species of special concern: means a species of fish or wildlife that is not an endangered species or a threatened species but meets criteria for being of special concern as established by the commissioner by rule under section 10105, subsection 19. See Maine Revised Statutes Title 12 Sec. 10001
Sporting dogs: means sporting dogs as defined by the American Kennel Club, including pointers, retrievers, setters, spaniels, Vizslas, Weimaraners and wirehaired pointing griffons. See Maine Revised Statutes Title 12 Sec. 10001
standard cord: means the cubic foot measurement of 4 foot long wood, ranked and well stowed, and stacked 4 feet wide, 4 feet high and 8 feet long, or its equivalent, which stack measure contains 128 cubic feet of wood, bark and air space. See Maine Revised Statutes Title 10 Sec. 2361-A
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
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Student pursuing higher education: means an eligible student receiving higher education financial assistance from the authority pursuant to Title 20?A, chapter 421, 423, 424 or 428. See Maine Revised Statutes Title 10 Sec. 963-A
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
Successor manufacturer: means any manufacturer that succeeds, or assumes any part of the business of, another manufacturer, referred to as the "predecessor manufacturer" as the result of:
Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001
Summons: Another word for subpoena used by the criminal justice system.
Sunrise: means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001
Sunset: means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001
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
tank: means any aboveground container, less than 10% of the capacity of which is beneath the surface of the ground, that is used or intended to be used for the storage or supply of oil. See Maine Revised Statutes Title 10 Sec. 963-A
tank project: means the renovation, removal, disposal or replacement of all or any part of an underground oil storage tank. See Maine Revised Statutes Title 10 Sec. 963-A
Targeted technologies: means biotechnology, aquaculture and marine technology, composite materials technology, environmental technology, advanced technologies for forestry and agriculture, information technology and precision manufacturing technology. See Maine Revised Statutes Title 10 Sec. 963-A
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Threatened species: means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001
Time-critical removal action: means the removal activities undertaken pursuant to the Administrative Order by Consent for Time-Critical Removal Action, United States Environmental Protection Agency Docket No. See Maine Revised Statutes Title 10 Sec. 963-A
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
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
Total response costs: means the total costs that have been or will be paid in association with investigatory, removal or remedial activities at the Portland-Bangor Waste Oil Services Site in Plymouth, including costs incurred by the Department of Environmental Protection, the United States Environmental Protection Agency and 3rd parties to carry out investigatory, removal or remedial activities at that site approved by the Department of Environmental Protection or the United States Environmental Protection Agency. See Maine Revised Statutes Title 10 Sec. 963-A
Toxic agent: means a chemical or physical substance that, under certain circumstances of exposure, may cause harmful effects to living organisms. See Maine Revised Statutes Title 22 Sec. 801
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.
Transmission facilities project: means a project approved by the Northern Maine Transmission Corporation, as established in section 9202, to carry out the purposes of chapter 1003 or any electric transmission, gas transmission, energy transfer or electric generation facility, including necessary appurtenances, otherwise proposed to the authority to benefit northern Maine. See Maine Revised Statutes Title 10 Sec. 963-A
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.
Tributary: means a brook, stream or river flowing directly or indirectly into a lake, pond or another brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001
Troll: means to fish by trailing a line rigged to catch fish behind a watercraft being propelled by mechanical, wind or manual power. See Maine Revised Statutes Title 12 Sec. 10001
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Underground oil storage facility: means any tank, together with associated piping and dispensing facilities, 10% or more of which is located beneath the surface of the ground and not on or above a floor in such a manner that it may be readily inspected, located at a single location and used, formerly used or intended to be used for the marketing and distribution of oil, petroleum products or their by-products to persons or entities other than the owner of the facility. See Maine Revised Statutes Title 10 Sec. 963-A
Underground oil storage facility project: means the renovation, removal, disposal or replacement of all or any part of an underground oil storage facility that is used for marketing and distribution of oil, petroleum products or their by-products to persons or entities other than the owner of the facility. See Maine Revised Statutes Title 10 Sec. 963-A
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
Uphold: The decision of an appellate court not to reverse a lower court decision.
Upland game species: includes bobwhite quail, gray squirrel, porcupine, ring-necked pheasant, ruffed grouse, snowshoe hare, spruce grouse and woodchuck. See Maine Revised Statutes Title 12 Sec. 10001
Useable as human food: refers to a livestock or poultry carcass or part or product of a livestock or poultry carcass, unless it is denatured or otherwise identified as required by rules prescribed by the commissioner to deter its use as human food or as naturally inedible by humans. See Maine Revised Statutes Title 22 Sec. 2511
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
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
Value-added: means that an enhancement to a product or service that increases the value or marketability of the product or service has been applied. See Maine Revised Statutes Title 10 Sec. 963-A
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Vending machine: means any automated, self-service device that upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product. See Maine Revised Statutes Title 22 Sec. 1551
Venue: The geographical location in which a case is tried.
Wartime veteran: means any person who served in the United States Armed Forces during any federally recognized period of conflict who is certified to be a wartime veteran by the Maine Bureau of Veterans' Services and was not dishonorably discharged. See Maine Revised Statutes Title 10 Sec. 963-A
Waste motor oil: means any lubricating oil classified for use in an internal combustion engine, transmission, gear box, differential or hydraulics for a motor vehicle, a boat, an off-highway recreational vehicle, commercial or household power equipment, earth-moving equipment, special equipment or special mobile equipment, as defined in Title 29?A, section 101, subsections 69 and 70, that through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or the loss of original properties. See Maine Revised Statutes Title 10 Sec. 963-A
Waste motor oil disposal site: means the following 4 sites where waste motor oil was stored and that are now contaminated and subject to such response action requirements as the Department of Environmental Protection or the United States Environmental Protection Agency may impose according to applicable law:
Waste oil: means a petroleum-based oil that, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or the loss of original properties. See Maine Revised Statutes Title 10 Sec. 1099-A
Waste oil disposal site: means the Portland-Bangor Waste Oil Services Site in Plymouth designated by the Department of Environmental Protection as an uncontrolled hazardous substance site. See Maine Revised Statutes Title 10 Sec. 963-A
Water supply system project: means any building structure, facilities, machinery, pipes, aqueducts, conduits, drains or the equipment which may be deemed necessary to supply water for municipal, domestic, business or combined use, together with all land, property, rights-of-way, franchises, easements and interests in lands which may be acquired for construction or operation of the project. See Maine Revised Statutes Title 10 Sec. 963-A
Weir: means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. See Maine Revised Statutes Title 12 Sec. 10001
Wholesale distributor: means a person who sells meat to retail vendors, other merchants or to industrial, institutional and commercial users mainly for resale or business use. See Maine Revised Statutes Title 22 Sec. 2511
wholesaler: means any person who sells or distributes new or used motor vehicles to motor vehicle dealers or who maintains distributor representatives within this State. See Maine Revised Statutes Title 10 Sec. 1171
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
Wildlife exhibit: means a place where wildlife is kept in captivity, either in an enclosure or by tether, upon any street or highway or upon land, public or private, for the evident purpose of exhibition or attracting trade. See Maine Revised Statutes Title 12 Sec. 10001
Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001
Wildlife management area: means a tract of land or body of water owned or leased by the department for the purposes of wildlife management as defined in subsection 73 or created by an act of the Legislature with the landowner's permission, and subject to the commissioner's authority under section 12701. See Maine Revised Statutes Title 12 Sec. 10001
Wood: means the severed but unprocessed fibrous derivative of trees, without regard for quality or grade and also means the chipped fibrous derivative of trees. See Maine Revised Statutes Title 10 Sec. 2361-A
