§ 20071 Definitions
§ 20072 Driver Education and Evaluation Programs
§ 20072-A Funding
§ 20073-B Programs and components; rules
§ 20074 Separation of evaluation and treatment functions
§ 20075 Certification; recertification
§ 20076-B Fees
§ 20077 Report
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Terms Used In Maine Revised Statutes > Title 5 > Part 25 > Chapter 521 > Subchapter 5 - Driver Education and Evaluation Programs

  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alcohol-related or other drug-related motor vehicle incident: means a conviction or administrative action resulting in the suspension of a motor vehicle operator's license for a violation under former Title 29, section 1311-A; Title 29, section 1312, subsection 10?A; Title 29, section 1312?C; Title 29, section 1312?B; Title 29, section 1313?B; Title 29, section 2241, subsection 1, paragraph N; Title 29, section 2241?G, subsection 2, paragraph B, subparagraph (2); Title 29, section 2241-J; Title 29?A, section 1253; Title 29?A, section 2411; Title 29?A, section 2453; Title 29?A, section 2454, subsection 2; Title 29?A, section 2456; Title 29?A, section 2457; Title 29?A, section 2472, subsection 3, paragraph B and subsection 4; Title 29?A, section 2503; Title 29?A, sections 2521 and 2523; or Title 29?A, section 2525 or the rules adopted by the Department of the Secretary of State for the suspension of commercial drivers' licenses. See Maine Revised Statutes Title 5 Sec. 20071
  • 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.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Bequest: Property gifted by will.
  • Chief administrative officer: means the head of a correctional facility or a detention facility. See Maine Revised Statutes Title 34-A Sec. 1001
  • Client: means a person who is required to complete an alcohol and other drug education, evaluation and treatment program for an alcohol-related or drug-related motor vehicle offense. See Maine Revised Statutes Title 5 Sec. 20071
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003
  • Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community-based service provider: means a provider of either the treatment component or the evaluation component, or both, of the alcohol and other drug education, evaluation and treatment program certified under section 20075 or a program approved by the office. See Maine Revised Statutes Title 5 Sec. 20071
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001
  • Custodian: means the person having care and custody over the individual seeking sterilization or the individual for whom sterilization is sought. See Maine Revised Statutes Title 34-B Sec. 7003
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003
  • Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001
  • Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001
  • Disinterested expert: means an appropriately licensed or certified professional not associated with an institution serving the person for whom sterilization is being sought and not personally related to the petitioner. See Maine Revised Statutes Title 34-B Sec. 7003
  • Donor: The person who makes a gift.
  • Fiduciary: A trustee, executor, or administrator.
  • First offender: means a client who has no previous alcohol-related or drug-related motor vehicle incident within a 10-year period. See Maine Revised Statutes Title 5 Sec. 20071
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72
  • Grantor: The person who establishes a trust and places property into it.
  • Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See Maine Revised Statutes Title 34-B Sec. 7003
  • Informed consent: means consent that is:
A. See Maine Revised Statutes Title 34-B Sec. 7003
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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.
  • Multiple offender: means a client who has more than one alcohol-related or drug-related motor vehicle incident within a 10-year period or has a previous incident prior to the 10-year period for which the client has not completed a Driver Education and Evaluation Program as established in section 20072. See Maine Revised Statutes Title 5 Sec. 20071
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
  • Oath: A promise to tell the truth.
  • Parent: means a natural or adoptive mother or father of a person. See Maine Revised Statutes Title 34-B Sec. 7003
  • 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.
  • Personal property: All property that is not real property.
  • Physician: means any person licensed to practice medicine under Title 32, chapter 48, subchapter II, or under Title 32, chapter 36, subchapters II and IV. See Maine Revised Statutes Title 34-B Sec. 7003
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Psychiatrist: means a physician licensed to practice medicine under Title 32, chapter 48, subchapter II, who specializes in the diagnosis and treatment of mental disorders. See Maine Revised Statutes Title 34-B Sec. 7003
  • Psychologist: means any person licensed to practice psychology under Title 32, chapter 56, subchapter III. See Maine Revised Statutes Title 34-B Sec. 7003
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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 person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • 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.
  • State institution: means :
    • A. See Maine Revised Statutes Title 34-B Sec. 1001
  • Statute: A law passed by a legislature.
  • Sterilization: means a medical or surgical procedure, the purpose of which is to render an individual permanently incapable of procreation. See Maine Revised Statutes Title 34-B Sec. 7003
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Treatment: means the broad range of emergency, outpatient, intermediate and inpatient services and care, including career counseling, diagnostic evaluation, employment, health, medical, psychiatric, psychological, recreational, rehabilitative, social service care, treatment and vocational services, that may be extended to a drug user, a person with substance use disorder or a person in need of assistance due to the use of a dependency-related drug. See Maine Revised Statutes Title 5 Sec. 20003
  • Treatment program: means any program or service, or portion of a program or service, sponsored under the auspices of a public or private nonprofit agency providing services especially designed for the treatment of those persons listed in subsection 22. See Maine Revised Statutes Title 5 Sec. 20003
  • Trustee: A person or institution holding and administering property in trust.
  • Under age: means under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
  • 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
  • Written political material: means flyers, handbills or other nonperiodical publications, which are subject to the restrictions of Title 21?A, chapter 13. See Maine Revised Statutes Title 34-A Sec. 1001