Maine Revised Statutes > Title 5 > Part 1 > Chapter 5 > Subchapter 2 – Special Advocate

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§ 90-N	Bureau established
§ 90-O	Definitions
§ 90-P	Special advocate; appointment and qualifications
§ 90-Q	Small business requests for assistance
§ 90-R	Powers and duties of the special advocate
§ 90-S	Regulatory impact notice

Terms Used In Maine Revised Statutes > Title 5 > Part 1 > Chapter 5 > Subchapter 2 - Special Advocate

Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
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
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 enforcement action: means an enforcement action initiated by an agency against a small business. See Maine Revised Statutes Title 5 Sec. 90-O
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
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.
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
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.
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
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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.
Board: means the Maine Motor Vehicle Franchise Board created pursuant to section 1187. See Maine Revised Statutes Title 10 Sec. 1171
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:

A. See Maine Revised Statutes Title 10 Sec. 1171

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

Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.

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

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

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agents. See Maine Revised Statutes Title 22 Sec. 2152

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee. See Maine Revised Statutes Title 22 Sec. 2511

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Complaint: means a request to the special advocate for assistance under section 90?Q. See Maine Revised Statutes Title 5 Sec. 90-O

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

Conviction: A judgement of guilt against a criminal defendant.

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: means services provided by a court reporter. See Maine Revised Statutes Title 4 Sec. 771

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

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

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

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;

[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302

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

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;

[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302

deputy state sealer: shall mean , respectively, the State Sealer of Weights and Measures and the Deputy State Sealer of Weights and Measures;

[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302

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.

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

Distributor representative: means a representative employed by a distributor branch, distributor or wholesaler. 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

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}

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

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

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.

Federal Act: means the Federal Food, Drug and Cosmetic Act (Title 21 U. See Maine Revised Statutes Title 22 Sec. 2152

Federal acts: means the Federal Meat Inspection Act and the Poultry Products Inspection Act. See Maine Revised Statutes Title 22 Sec. 2511

Federal Meat Inspection Act: means the Act so entitled, approved March 4, 1907, 34 Stat. See Maine Revised Statutes Title 22 Sec. 2511

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 establishment: includes a caregiver, as defined in section 2422, subsection 8?A, and a registered dispensary, as defined in section 2422, subsection 6, that prepare food containing cannabis for medical use by a qualifying patient pursuant to chapter 558?C. 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

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}

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

Franchisee: means a motor vehicle dealer to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1171

Franchisor: means a manufacturer, distributor or wholesaler who grants a franchise to a motor vehicle dealer. See Maine Revised Statutes Title 10 Sec. 1171

Fraud: Intentional deception resulting in injury to another.

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Good faith: means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as is defined and interpreted in the Uniform Commercial Code, Title 11, section 1?1201, subsection (20). See Maine Revised Statutes Title 10 Sec. 1171

Green wood: means trees or parts of trees that have been freshly felled. See Maine Revised Statutes Title 10 Sec. 2361-A

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.

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.

Hauler: means the person, company or other entity that owns the truck or trailer on which a load of wood is transported. See Maine Revised Statutes Title 10 Sec. 2361-A

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

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

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

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

Label: means a display of written, printed or graphic matter upon the immediate container of any article. See Maine Revised Statutes Title 22 Sec. 2152

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:

A. See Maine Revised Statutes Title 22 Sec. 2511

Legal proceeding: means a proceeding or series of proceedings by which a legal judgment is invoked and includes but is not limited to:

A. See Maine Revised Statutes Title 4 Sec. 771

Licensed establishment: means a person required to hold a license under section 2514. See Maine Revised Statutes Title 22 Sec. 2511

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;

[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302

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.

Livestock: means cattle, sheep, swine, goats or other designated animals, whether live or dead. See Maine Revised Statutes Title 22 Sec. 2511

Livestock product: means a carcass or part of a carcass, meat or meat food product of any livestock. See Maine Revised Statutes Title 22 Sec. 2511

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

Locally owned restaurant: means an eating establishment at least 51% of which is owned by one or more residents of the State and that is not a chain restaurant pursuant to section 2491, subsection 2?B. 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

Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.

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

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

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.

Motor fuel dispenser: means a commercial motor fuel dispenser that dispenses fuel for retail sale. See Maine Revised Statutes Title 10 Sec. 2302

Motor vehicle: means any motor-driven vehicle, except motorcycles and recreational vehicles defined under section 1432, subsection 18?A, required to be registered under Title 29?A, chapter 5. See Maine Revised Statutes Title 10 Sec. 1171

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

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

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.

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.

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 device: means a device authorized by the commissioner for use in applying an official mark. 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

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

package: means a box, can, tin, cloth or plastic or other receptacle, wrapper or cover. See Maine Revised Statutes Title 22 Sec. 2511

Package: means any commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale;