Sections
Subchapter 1 General Provisions 1811 – 1825
Subchapter 1-A Rules Governing the Competitive Bid Process 1825-A – 1825-J
Subchapter 1-B State Purchasing Code of Conduct for Suppliers of Apparel, Footwear or Textiles 1825-K – 1825-S
Subchapter 2 Products and Services From Rehabilitation Facilities and Work Centers 1826-A – 1826-C

Terms Used In Maine Revised Statutes > Title 5 > Part 4 > Chapter 155 - Purchases

  • Abuse: includes , but is not limited to, rape or sexual assault, the striking of an individual, the use of excessive force in the use of bodily restraints, the use of bodily or chemical restraints in a manner that is not in compliance with federal and state laws, regulations and rules and verbal, nonverbal, mental and emotional harassment. See Maine Revised Statutes Title 5 Sec. 19503
  • Accessory dwelling unit: means a self?contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land. See Maine Revised Statutes Title 30-A Sec. 4301
  • accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
  • Acquisition: means fee ownership, easement, lease, right-of-way and other less-than-fee interests in land. See Maine Revised Statutes Title 12 Sec. 10301
  • Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
  • Actuary: means the individual or the organization designated by the board to be the technical advisor to the board under section 17107. See Maine Revised Statutes Title 5 Sec. 17001
  • Administrative unit: means the organization certified by the federal Small Business Administration to administer the Small Business Development Center Program in this State. See Maine Revised Statutes Title 5 Sec. 13031
  • 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.
  • Affiliated business: means 2 businesses exhibiting either of the following relationships:  
A. See Maine Revised Statutes Title 5 Sec. 13080-P
  • Affordable housing: means a decent, safe and sanitary dwelling, apartment or other living accommodation for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. See Maine Revised Statutes Title 30-A Sec. 4301
  • Age-friendly community: means a community where policies, services, settings and structures support and enable older people to actively age in place and that recognizes the capabilities, resources and needs of older adults, plans to meet the needs of older adults in flexible ways that support healthy and active aging, promotes the inclusion and contributions of older adults in all areas of community life, respects the self-determination and independence of older adults and protects those older adults who are most vulnerable. See Maine Revised Statutes Title 30-A Sec. 4301
  • Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503
  • Agency of jurisdiction: means the state agency which has use of and jurisdiction over the facility. See Maine Revised Statutes Title 5 Sec. 1782
  • Aggrieved person: means any person who bids on a contract or grant and who is adversely affected, financially, professionally or personally, by that contract or grant award decision. See Maine Revised Statutes Title 5 Sec. 1825-A
  • Agreement: means a legally binding written document between 2 or more parties, including, but not limited to, a document commonly referred to as an accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid. See Maine Revised Statutes Title 5 Sec. 1660-D
  • agreement funding: means all agreement funds received by a community agency from the department. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Aircraft: means a machine or device designed for flight. See Maine Revised Statutes Title 12 Sec. 10001
  • Airmobile: means any vehicle propelled by mechanical power that is designed to travel upon a cushion of air on or within 2 feet of the water or land surface of the earth. See Maine Revised Statutes Title 12 Sec. 13001
  • All-weather road: means a public or private road that may be traversed during all seasons of the year. See Maine Revised Statutes Title 12 Sec. 8881
  • Allegation: something that someone says happened.
  • Allocation: means the privilege of taking a specified number of passengers per day on whitewater trips on a particular river, as specified annually. See Maine Revised Statutes Title 12 Sec. 12901
  • Alpine tundra: means high-elevation, treeless areas beyond the timberline that are dominated by low herbaceous or shrubby vegetation and, specifically, areas that are designated as alpine tundra by the Department of Agriculture, Conservation and Forestry by rule pursuant to Title 5, chapter 375, subchapter 2. See Maine Revised Statutes Title 12 Sec. 13001
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Antibody to HIV: means the specific immunoglobulin produced by the body's immune system in response to HIV. See Maine Revised Statutes Title 5 Sec. 19201
  • antique ATV: means an all-terrain vehicle more than 25 years old that is substantially maintained in its original or restored condition. See Maine Revised Statutes Title 12 Sec. 13001
  • Antique snowmobile: means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 13104, subsection 5. See Maine Revised Statutes Title 12 Sec. 13001
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Approved equal: means any goods or service other than specified in the bid proposal that in the opinion of the State Purchasing Agent is equivalent in character, quality and performance to the goods or service specified in the bid proposal. See Maine Revised Statutes Title 5 Sec. 1825-A
  • Aquatic plant: means a plant species that requires a permanently flooded freshwater habitat. See Maine Revised Statutes Title 12 Sec. 13001
  • Assessor: means the State Tax Assessor. See Maine Revised Statutes Title 5 Sec. 13080-P
  • ATV: includes , but is not limited to, a multitrack, multiwheel or low-pressure tire vehicle; a motorcycle or related 2-wheel, 3-wheel or belt-driven vehicle; an amphibious machine; or other means of transportation deriving motive power from a source other than muscle or wind. See Maine Revised Statutes Title 12 Sec. 13001
  • ATV grant coordinator: means the person retained by the commissioner to be responsible for providing administration and staff support for the ATV Enforcement Grant Program. See Maine Revised Statutes Title 12 Sec. 10321
  • Authority: means the Loring Development Authority of Maine. See Maine Revised Statutes Title 5 Sec. 13080-P
  • Authority: means the Washington County Development Authority. See Maine Revised Statutes Title 5 Sec. 13083-B
  • Automobile graveyard: includes an area used for automobile dismantling, salvage and recycling operations. See Maine Revised Statutes Title 30-A Sec. 3752
  • Automobile recycling business: means the business premises of a dealer or a recycler licensed under Title 29?A, sections 851 to 1112 who purchases or acquires salvage vehicles for the purpose of reselling the vehicles or component parts of the vehicles or rebuilding or repairing salvage vehicles for the purpose of resale or for selling the basic materials in the salvage vehicles, as long as 80% of the business premises specified in the site plan in section 3755?A, subsection 1, paragraph C is used for automobile recycling operations. See Maine Revised Statutes Title 30-A Sec. 3752
  • Available facility: means a facility in which all or a part of the facility is unused and available for leasing. See Maine Revised Statutes Title 5 Sec. 1782
  • Average final compensation: means :  
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Base area: means the area within the geographic boundaries of Loring Air Force Base, as defined in section 13080?A. See Maine Revised Statutes Title 5 Sec. 13080-P
  • Base level of employment: means the total employment in the base area as of July 1, 1996. See Maine Revised Statutes Title 5 Sec. 13080-P
  • 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
  • Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001
  • Beverage container: means a can, bottle, jar or other container made of aluminum or metal that is sealed by a manufacturer and contained, at the time of sale, a beverage, as defined by Title 38, section 3102, subsection 1, but does not include a beer keg. See Maine Revised Statutes Title 30-A Sec. 3771
  • Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Board: means the Victims' Compensation Board established in section 12004?J, subsection 11. See Maine Revised Statutes Title 5 Sec. 3360-S
  • Board: means the Maine Outdoor Heritage Fund Board established in section 10308. See Maine Revised Statutes Title 12 Sec. 10301
  • Board: means the Advisory Board for the Licensing of Taxidermists established by Title 5, section 12004?I, subsection 23?A. See Maine Revised Statutes Title 12 Sec. 12952
  • Board of directors: means the board of directors of the corporation established in section 13203, subsection 4. See Maine Revised Statutes Title 5 Sec. 13202
  • Boater safety and education course: means an online or in-person education course that:  
  • A. See Maine Revised Statutes Title 12 Sec. 13001
  • Boater safety and education course certificate: means a certificate or other evidence of completion of a boater safety and education course specified or approved by the commissioner pursuant to section 13052, subsection 2. See Maine Revised Statutes Title 12 Sec. 13001
  • Bona fide occupational exposure: means skin, eye, mucous membrane or parenteral contact of a person with the potentially infectious blood or other body fluids of another person that results from the performance of duties by the exposed person in the course of employment. See Maine Revised Statutes Title 5 Sec. 19201
  • Bond: means a bond or note or other evidence of indebtedness authorized under this chapter, whether issued under or pursuant to a bond resolution, trust indenture, loan or other security agreement. See Maine Revised Statutes Title 5 Sec. 13202
  • Bow: means the forward half of a watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • Bureau: means the Department of Health and Human Services, Bureau of Health. See Maine Revised Statutes Title 5 Sec. 19251
  • Business: means any corporation, partnership, limited liability corporation, professional corporation or any other legal business entity recognized under the laws of the State. See Maine Revised Statutes Title 5 Sec. 4651
  • 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.
  • Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Clear-cut: means any timber harvesting on a forested site greater than 5 acres in size that results in a residual basal area of trees over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground of less than 30 square feet per acre, unless, after harvesting, the site has a well-distributed stand of acceptable growing stock, as defined by rule, of at least 3 feet in height for softwood trees and 5 feet in height for hardwood trees that meets the regeneration standards defined under section 8869, subsection 1. See Maine Revised Statutes Title 12 Sec. 8868
  • Cluster development: means a form of development that allows a subdivision design in which individual lot sizes and setbacks are reduced in exchange for the creation of common open space and recreation areas, the preservation of environmentally sensitive areas, agriculture and silviculture and the reduction in the size of road and utility systems. See Maine Revised Statutes Title 30-A Sec. 4301
  • Coastal area: means a coastal island and any municipality or unorganized township contiguous to tidal waters. See Maine Revised Statutes Title 30-A Sec. 4301
  • Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 5 Sec. 17001
  • Code of conduct: means the state purchasing code of conduct that follows the principles set out in section 1825?L. See Maine Revised Statutes Title 5 Sec. 1825-K
  • Commercial: means for financial compensation or other remuneration. See Maine Revised Statutes Title 12 Sec. 12901
  • 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
  • Commission: means the Maine Small Business and Entrepreneurship Commission. See Maine Revised Statutes Title 5 Sec. 13031
  • Commission: means the Maine Land Use Planning Commission established under section 683?A. See Maine Revised Statutes Title 12 Sec. 8868
  • Commissioner: means the Commissioner of Health and Human Services, who has responsibility for the administration of this chapter. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Commissioner: means the Commissioner of Economic and Community Development or the commissioner's designee. See Maine Revised Statutes Title 5 Sec. 13031
  • Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Committee: means a joint standing committee of the Legislature. See Maine Revised Statutes Title 5 Sec. 11111
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Community agency: means any public or private nonprofit organization, firm, individual, partnership or business corporation operated for profit that:  
  • A. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Community agency fiscal year: means the fiscal year of a community agency commencing on or after July 1, 1995. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Community-based AIDS organization: means a nonprofit community organization whose primary purpose is to provide educational information on HIV-related illnesses, support to persons with HIV-related illnesses and assistance to families and others providing care and support to persons with HIV-related illnesses. See Maine Revised Statutes Title 5 Sec. 19251
  • Competitive bidding: means the transmission of a written proposal or invitation to bid to at least 3 responsible suppliers that is to be replied to at a stated time. See Maine Revised Statutes Title 5 Sec. 1825-A
  • Complaint: means , but is not limited to, any report or communication, formal or informal, written or oral, including media accounts and telephone calls from any source, including anonymous calls, alleging abuse or neglect of a person with a disability. See Maine Revised Statutes Title 5 Sec. 19503
  • complex: means the Maine Space Complex established pursuant to section 13203, subsection 1. See Maine Revised Statutes Title 5 Sec. 13202
  • Conditional zoning: means the process by which the municipal legislative body may rezone property to permit the use of that property subject to conditions not generally applicable to other properties similarly zoned. See Maine Revised Statutes Title 30-A Sec. 4301
  • Coordinator of the Natural Areas Program: means the person appointed by the Commissioner of Agriculture, Conservation and Forestry to be responsible for coordinating the Natural Areas Program. See Maine Revised Statutes Title 12 Sec. 10301
  • Corporation: means the Maine Space Corporation established in section 13201. See Maine Revised Statutes Title 5 Sec. 13202
  • County commissioners: means the county commissioners of Androscoggin County. See Maine Revised Statutes Title 30-A Sec. 722
  • county commissioners: means the county commissioners of Aroostook County. See Maine Revised Statutes Title 30-A Sec. 739
  • county commissioners: means the county commissioners of Knox County. See Maine Revised Statutes Title 30-A Sec. 751
  • County commissioners: means the elected county commissioners of Piscataquis County. See Maine Revised Statutes Title 30-A Sec. 822
  • county commissioners: means the county commissioners of York County and "county" means York County. See Maine Revised Statutes Title 30-A Sec. 831
  • County commissioners: means the county commissioners of Waldo County. See Maine Revised Statutes Title 30-A Sec. 852
  • County commissioners: means the county commissioners of Kennebec County. See Maine Revised Statutes Title 30-A Sec. 861
  • 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
  • County officers: means the commissioners, treasurer, sheriff, register of deeds and register of probate of a county. See Maine Revised Statutes Title 30-A Sec. 1
  • Court: means any District Court and, with regard to section 4659, the tribal court of the Passamaquoddy Tribe or the Penobscot Nation. See Maine Revised Statutes Title 5 Sec. 4651
  • Cowling: means the forward or rear portion of a snowmobile, usually of fiberglass or similar material, surrounding the motor and clutch assembly. See Maine Revised Statutes Title 12 Sec. 13001
  • Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001
  • Crime: means one of the following:  
  • A. See Maine Revised Statutes Title 5 Sec. 3360
  • Crime: means a criminal offense committed under the laws of the State that resulted in verifiable property loss of a person other than a person who committed the crime. See Maine Revised Statutes Title 5 Sec. 3360-S
  • Critical rural area: means a rural area that is specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from development to preserve natural resources and related economic activities that may include, but are not limited to, significant farmland, forest land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; public water supplies; scarce or especially vulnerable natural resources; flood buffer areas and flood-prone areas; and open lands functionally necessary to support a vibrant rural economy. See Maine Revised Statutes Title 30-A Sec. 4301
  • Critical waterfront area: means a shorefront area characterized by functionally water-dependent uses, as defined in Title 38, section 436?A, subsection 6, and specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from incompatible development. See Maine Revised Statutes Title 30-A Sec. 4301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 1642
  • Department: means the Department of Health and Human Services as well as other departments and agencies of State Government approved for inclusion in this chapter by the commissioner. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 5 Sec. 17001
  • Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13031
  • Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Department examination: means actions determined to be necessary by the department's audit division, including, but not limited to, analyses or testing of reported agreement balances and transactions, provision of internal control systems and compliance with rules. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Department review: means a review by the department of a community agency's submitted annual financial statement report. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Dependent: A person dependent for support upon another.
  • Designated agent: means a person, firm, company, corporation or other legal entity representing the landowner in timber sales or land management. See Maine Revised Statutes Title 12 Sec. 8881
  • Developmental disability: means a disability attributable to a mental or physical impairment or combination of mental and physical impairments that:  
  • A. See Maine Revised Statutes Title 5 Sec. 19503
  • Director: means the Director of the Bureau of General Services. See Maine Revised Statutes Title 5 Sec. 1782
  • Director: means the Executive Director of the Legislative Council. See Maine Revised Statutes Title 5 Sec. 11111
  • Director: means the Director of the Bureau of General Services within the Department of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 1826-B
  • Director: means the Director of the Bureau of Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disqualified person: means an individual or entity that for any reason is or becomes ineligible under this chapter to be issued shares by a professional corporation. See Maine Revised Statutes Title 13 Sec. 723
  • Division: means the Executive Department, Division of Community Services. See Maine Revised Statutes Title 5 Sec. 1642
  • Division: means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering. See Maine Revised Statutes Title 12 Sec. 13001
  • Docket: A log containing brief entries of court proceedings.
  • Dollar threshold: means a funding limit that is set to determine how a community agency will be held accountable for agreement receipts of state and federal funds from the department. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Domestic professional corporation: means a professional corporation. See Maine Revised Statutes Title 13 Sec. 723
  • Domicile: means the place where a person's true, fixed and permanent home is located. See Maine Revised Statutes Title 12 Sec. 10001
  • Downtown: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 4301
  • Dwelling: means any building used as a permanent residence or place of domicile. See Maine Revised Statutes Title 12 Sec. 13001
  • Earnable compensation: includes :  
    (1) Workers' compensation benefits;  
    (2) Maintenance, if any;  
    (3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and  
    (4) Pick-up contributions. See Maine Revised Statutes Title 5 Sec. 17001
  • 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
  • Eel pot: means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. See Maine Revised Statutes Title 12 Sec. 10001
  • Eligible expenses and losses: means expenses and losses resulting from a personal injury sustained by an individual as a direct result of a crime specified in subsection 3 and may include medical and medically related expenses, psychological or mental health counseling expenses, lost wages, funeral, burial and other homicide-related expenses and travel expenses and loss of income of a claimant or family member for providing or obtaining care for the personal injury of a minor or incapacitated victim. See Maine Revised Statutes Title 5 Sec. 3360
  • 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
  • Employee: means :  
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • employee: includes an officer of a political subdivision of the State. See Maine Revised Statutes Title 5 Sec. 19002
  • employer of the person exposed: include a self-employed person who is exposed to the potentially infectious blood or other body fluids of another person. See Maine Revised Statutes Title 5 Sec. 19201
  • employment: means any service performed by an employee in the employ of any political subdivision of the State, for such employer, except service which in the absence of an agreement entered into under this chapter would constitute "employment" as defined in the Social Security Act; or service which under the Social Security Act may not be included in an agreement between the State and the Federal Security Administrator entered into under this chapter. See Maine Revised Statutes Title 5 Sec. 19002
  • Employment tax increment: means that level of state income withholding taxes attributed to employees employed within the base area, adjusted pursuant to section 13080?R. See Maine Revised Statutes Title 5 Sec. 13080-P
  • 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
  • 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.
  • Entitywide financial reporting: means financial statements and agreement supplemental schedules of a community agency prepared based on its fiscal year. See Maine Revised Statutes Title 5 Sec. 1660-D
  • equipment: as used in this chapter mean any and all services, articles or things that are used by or furnished to the State or any department or agency thereof, and any and all printing, binding, publication of laws, journals and reports. See Maine Revised Statutes Title 5 Sec. 1812
  • Executive body: means the official or body of officials who, in their official capacity, have the general powers and duties of administering, supervising and managing the affairs of an organization or governmental unit. See Maine Revised Statutes Title 5 Sec. 17001
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exploitation: means the illegal or improper use of an individual or the individual's resources for another's profit or advantage. See Maine Revised Statutes Title 5 Sec. 19503
  • facility: includes a pharmacy licensed pursuant to Title 32. See Maine Revised Statutes Title 5 Sec. 19201
  • Facility: includes any facility providing services, supports and other assistance or residential services or treatment that operates without a license that is required by law, ordinance or rule. See Maine Revised Statutes Title 5 Sec. 19503
  • Federal audit: means an audit made pursuant to the federal Office of Management and Budget uniform guidance under Title 2 of the Code of Federal Regulations, Part 200 or any subsequent revisions. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Federal funds: means all federal funds received by a community agency and not just those agreements received from the department. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Federal grant application: shall mean any request or proposal for financial assistance made by a state agency or by an employee of such an agency acting in his official capacity to the United States Government, whether for a loan, grant, subsidy, augmentation, advance, reimbursement, or any other form where such financial assistance will be expended by the state agency or employee acting in his official capacity. See Maine Revised Statutes Title 5 Sec. 1706
  • Federal Insurance Contributions Act: means the Federal Internal Revenue Code, chapter 9, subchapter A, as such Code has been and may from time to time be amended. See Maine Revised Statutes Title 5 Sec. 19002
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Federal Security Administrator: includes any individual to whom the Federal Security Administrator has delegated any of his functions under the Social Security Act with respect to coverage under such Act of employees of states and their political subdivisions. See Maine Revised Statutes Title 5 Sec. 19002
  • Federal waters: means all waters that are not internal waters and are subject to the jurisdiction of the United States. See Maine Revised Statutes Title 12 Sec. 13001
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fiscal agent: means an incorporated community organization, agency or institution designated by a community-based AIDS organization and authorized by the bureau to receive and distribute grants to that community-based AIDS organization. See Maine Revised Statutes Title 5 Sec. 19251
  • 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
  • Foreign professional corporation: means a corporation or association for profit incorporated for the purpose of rendering professional services under law other than the law of this State. See Maine Revised Statutes Title 13 Sec. 723
  • Forest land owners: means persons who own forest lands. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Forest management plan: means a site-specific document signed by a professional forester outlining proposed activities to ensure compliance with performance standards and regeneration requirements established pursuant to this subchapter. See Maine Revised Statutes Title 12 Sec. 8868
  • Forest products: means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass fuel wood, fuel wood, bark or other products commonly known as forest products, but does not include Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material, cones or other seed crops. See Maine Revised Statutes Title 12 Sec. 8881
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Freshwater marshes and bogs: means naturally occurring open areas with saturated soils or peat, often associated with standing water and dominated by low herbaceous vegetation, grasses, weeds and shrubs and including wetlands, as shown on the Freshwater Wetlands Map Series, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a Wetland Protection Subdistrict, P-WL, by the Maine Land Use Planning Commission. See Maine Revised Statutes Title 12 Sec. 13001
  • Fund: means the Loring Job Increment Financing Fund. See Maine Revised Statutes Title 5 Sec. 13080-P
  • Fund: means the Victims' Property Compensation Fund established in subsection 2. See Maine Revised Statutes Title 5 Sec. 3360-S
  • Fund: means the Maine Outdoor Heritage Fund. See Maine Revised Statutes Title 12 Sec. 10301
  • Fund for a Healthy Maine: whenever used in this chapter , mean the Other Special Revenue account within the Department of Administrative and Financial Services established pursuant to Title 22, section 1511. See Maine Revised Statutes Title 5 Sec. 1661
  • General ATV enforcement: means Level 1 or Level 2 enforcement. See Maine Revised Statutes Title 12 Sec. 10321
  • Generally accepted accounting principles: means uniform minimum standards and guidelines for financial accounting and reporting ordinarily employed by skilled accountants and agreed upon by authoritative practitioners of recognized professional standing, such as the American Institute of Certified Public Accountants and other recognized professional bodies. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Genetic characteristic: means any inherited gene or chromosome, or alteration of a gene or chromosome, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome. See Maine Revised Statutes Title 5 Sec. 19301
  • Genetic information: means the information concerning genes, gene products or inherited characteristics that may be obtained from an individual or family member. See Maine Revised Statutes Title 5 Sec. 19301
  • Genetic test: means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as deoxyribonucleic acid, or DNA, ribonucleic acid, or RNA, or mitochondrial DNA, and tests of chromosomes or proteins in order to identify a predisposing genetic characteristic. See Maine Revised Statutes Title 5 Sec. 19301
  • Government auditing standards: means auditing standards promulgated by the Comptroller General of the United States that are applicable to financial audits. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Governor-elect: whenever used in this chapter and chapter 145, shall be held to mean the candidate most recently elected to the office of Governor of the State of Maine in the November election for choice of Governor, or his successor. See Maine Revised Statutes Title 5 Sec. 1661
  • grant committee: means the committee established in section 10324. See Maine Revised Statutes Title 12 Sec. 10321
  • Growth area: means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for orderly residential, commercial or industrial development, or any combinations of those types of development, and into which most development projected over 10 years is directed. See Maine Revised Statutes Title 30-A Sec. 4301
  • Growth management program: means a document containing the components described in section 4326, including the implementation program, that is consistent with the goals and guidelines established by subchapter II and that regulates land use beyond that required by Title 38, chapter 3, subchapter I, article 2?B. See Maine Revised Statutes Title 30-A Sec. 4301
  • Growth-related capital investment: means investment by the State in only the following projects, even if privately owned, whether using state, federal or other public funds and whether in the form of a purchase, lease, grant, loan, loan guarantee, credit, tax credit or other financial assistance:  
  • A. See Maine Revised Statutes Title 30-A Sec. 4301
  • 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
  • Harassment: means :  
  • A. See Maine Revised Statutes Title 5 Sec. 4651
  • Harvest operation: means a harvest of forest products on land in a single municipality or township. See Maine Revised Statutes Title 12 Sec. 8881
  • Harvester: means a person, firm, company, corporation or other legal entity which harvests or contracts to harvest a forest product. See Maine Revised Statutes Title 12 Sec. 8881
  • Health care provider: means any appropriately licensed, certified or registered provider of mental or physical health care, either in the public or private sector or any business establishment providing health care services. See Maine Revised Statutes Title 5 Sec. 19201
  • Health care setting: means any location where there is provision of preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, services, procedures or counseling, including emergency services performed in the field, and appropriate assistance with disease or symptom management and maintenance that affects an individual's physical, mental or behavioral condition, including the process of banking blood, sperm, organs or any other tissue. See Maine Revised Statutes Title 5 Sec. 19201
  • Highway: means any public way. See Maine Revised Statutes Title 30-A Sec. 3752
  • HIV: means the human immunodeficiency virus, identified as the causative agent of Acquired Immune Deficiency Syndrome or AIDS. See Maine Revised Statutes Title 5 Sec. 19201
  • HIV antigen: means the specific immune-recognizable marker proteins of HIV. See Maine Revised Statutes Title 5 Sec. 19201
  • HIV infection: means the state wherein HIV has invaded the body and is being actively harbored by the body. See Maine Revised Statutes Title 5 Sec. 19201
  • HIV infection status: means the results of an HIV test. See Maine Revised Statutes Title 5 Sec. 19201
  • HIV test: means a test for the presence of an antibody to HIV or a test for an HIV antigen or other diagnostic determinants specific for HIV infection. See Maine Revised Statutes Title 5 Sec. 19201
  • Impact fee: means a charge or assessment imposed by a municipality against a new development to fund or recoup a portion of the cost of new, expanded or replacement infrastructure facilities necessitated by and attributable at least in part to the new development. See Maine Revised Statutes Title 30-A Sec. 4301
  • Impact fee ordinance: means an ordinance that establishes the applicability, formula and means by which impact fees are assessed. See Maine Revised Statutes Title 30-A Sec. 4301
  • Implementation program: means that component of a local growth management program that begins after the adoption of a comprehensive plan and that includes the full range of municipal policy-making powers, including spending and borrowing powers, as well as the powers to adopt or implement ordinances, codes, rules or other land use regulations, tools or mechanisms that carry out the purposes and general policy statements and strategies of the comprehensive plan in a manner consistent with the goals and guidelines of subchapter 2. See Maine Revised Statutes Title 30-A Sec. 4301
  • 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-state bidder: means a person or group of persons whose principal place of business, or a branch of whose business, is located in the State. See Maine Revised Statutes Title 5 Sec. 1825-A
  • Income supplementation programs: means programs designed to supplement the income of a person or family and includes Temporary Assistance for Needy Families, food stamps, food distribution, general assistance, supplemental security income or any other income related program utilizing state-administered funds. See Maine Revised Statutes Title 5 Sec. 1642
  • Independent monitor: means a not-for-profit organization that is neither funded nor controlled, in whole or in part, by businesses that sell or manufacture apparel, footwear or textiles. See Maine Revised Statutes Title 5 Sec. 1825-K
  • Independent public accountant: means a person who complies with government auditing standards and who is one of the following:  
  • A. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Informed consent: means consent that is:  
  • A. See Maine Revised Statutes Title 5 Sec. 19201
  • 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
  • Internal waters: means waters under the exclusive jurisdiction of the State. See Maine Revised Statutes Title 12 Sec. 13001
  • Interstate System: means those portions of the Maine Turnpike and the state highway system incorporated in the National System of Interstate and Defense Highways, as officially designated by the Department of Transportation. See Maine Revised Statutes Title 30-A Sec. 3752
  • Invasive aquatic plant: means a species of aquatic plant described in Title 38, section 410?N. See Maine Revised Statutes Title 12 Sec. 13001
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Junkyard: means a yard, field or other outside area used to store, dismantle or otherwise handle:  
  • A. See Maine Revised Statutes Title 30-A Sec. 3752
  • Land management road: means a road constructed and used primarily for agricultural or forest management activities. See Maine Revised Statutes Title 12 Sec. 8868
  • Land use ordinance: means an ordinance or regulation of general application adopted by the municipal legislative body which controls, directs or delineates allowable uses of land and the standards for those uses. See Maine Revised Statutes Title 30-A Sec. 4301
  • Landowner: means a person, company or other entity that holds title to land, including joint owners or tenants in common. See Maine Revised Statutes Title 12 Sec. 8881
  • Law enforcement agency: means the State Police, a sheriff's department or a municipal police department. See Maine Revised Statutes Title 5 Sec. 4651
  • Law enforcement agency: means a state, county or municipal agency or bureau that employs full-time and part-time law enforcement officers certified by the Maine Criminal Justice Academy who are authorized pursuant to section 10402, subsection 4 to enforce the provisions of this Part regulating ATVs. See Maine Revised Statutes Title 12 Sec. 10321
  • Learning disability: means a disorder exhibited in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations. See Maine Revised Statutes Title 5 Sec. 19503
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Licensed camping facility: means a recreational camp, youth camp or camping area licensed under Title 22, section 2495. See Maine Revised Statutes Title 12 Sec. 9001-A
  • Lineal descendant: Direct descendant of the same ancestors.
  • Liquidation harvesting: means the purchase of timberland followed by a harvest that removes most or all commercial value in standing timber, without regard for long-term forest management principles, and the subsequent sale or attempted resale of the harvested land within 5 years. See Maine Revised Statutes Title 12 Sec. 8868
  • Local climate action plan: means a planning and decision-making document adopted by a municipality or multimunicipal region that:  
  • A. See Maine Revised Statutes Title 30-A Sec. 4301
  • Local district: means :  
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Lump-sum sale: means a sale in which the owner of standing timber sells the timber for one price and that price is not broken down by species or product. See Maine Revised Statutes Title 12 Sec. 8881
  • Management program: means all activities undertaken by the Bureau of Forestry in connection with the short-term and long-term management of spruce budworm infestations, including, without limitation, any activities undertaken in connection with spruce budworm survey and detection activities, targeting silvicultural and integrated pest management programs, research, methods development and related activities and any involvement in any spray activities. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Marina or boat yard owner: means a person who owns a facility that leases storage, docking or mooring space to watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • Matching funds: means any combination of public and private funds used in conjunction with the Maine Outdoor Heritage Fund for the purpose of this subchapter, including, but not limited to, private contributions of cash or securities, money from municipal or other public agencies, money from a federal matching program, in-kind contributions or any combination thereof. See Maine Revised Statutes Title 12 Sec. 10301
  • Matching funds: includes , but is not limited to, private contributions of cash or securities, money from municipal or other public agencies, money from a federal matching program, in-kind contributions or any combination thereof. See Maine Revised Statutes Title 12 Sec. 10321
  • Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001
  • Membership service: means service rendered while a member of a retirement program of the retirement system on account of which contributions are made and for which credit is allowable under chapter 423, subchapter 4 or chapter 425, subchapter 4. See Maine Revised Statutes Title 5 Sec. 17001
  • Mental illness: means a significant mental illness or emotional impairment, as determined by a qualified mental health professional. See Maine Revised Statutes Title 5 Sec. 19503
  • Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001
  • Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve
  • Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
  • Moratorium: means a land use ordinance or other regulation approved by a municipal legislative body that, if necessary, may be adopted on an emergency basis and given immediate effect and that temporarily defers all development, or a type of development, by withholding any permit, authorization or approval necessary for the specified type or types of development. See Maine Revised Statutes Title 30-A Sec. 4301
  • Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001
  • Motorboat: means any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, is permanently or temporarily attached or is available for propulsion on the watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • Motorboat carrying passengers for hire: means a motorboat used for the purpose of carrying a person or persons as passengers for valuable consideration, whether directly or indirectly flowing to the owner, charterer, agent or any other person interested in the watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • Multijurisdictional high-problem area: means an area of extensive use by ATV operators, including, but not limited to, unauthorized trails or damaged agricultural lands, wetlands or other environmentally sensitive areas. See Maine Revised Statutes Title 12 Sec. 10321
  • Multimunicipal region: means a region made up of 2 or more municipalities that work together to cooperatively establish a growth management program or independent growth management programs that are unified with respect to the implementation of the state goal identified in section 4312, subsection 3, paragraph A. See Maine Revised Statutes Title 30-A Sec. 4301
  • municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal officers: means the elected mayor, aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of a plantation located in Piscataquis County. See Maine Revised Statutes Title 30-A Sec. 822
  • Municipal officers: means the mayor, councillors or members of the select board. See Maine Revised Statutes Title 30-A Sec. 852
  • Municipal officials: means the mayor, aldermen, councillors or manager of a city and the members of the select board, councillors or manager of a town located in Androscoggin County. See Maine Revised Statutes Title 30-A Sec. 722
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Natural resources agencies: means state agencies, bureaus, boards, commissions or other instrumentalities having jurisdiction over the protection of the State's natural resources. See Maine Revised Statutes Title 12 Sec. 10301
  • Naturally shed: means naturally dropped from the animal without any human manipulation. See Maine Revised Statutes Title 12 Sec. 10001
  • Neglect: includes , but is not limited to, failure to establish or carry out an individual program, treatment or habilitation plan or the deprivation of or failure to meet essential needs, including needs for adequate nutrition, clothing, health care and a safe environment. See Maine Revised Statutes Title 5 Sec. 19503
  • New space economy: means the full range of decentralized, diversified, entrepreneurial and accessible activities and the use of resources and players across industries that create value and benefits to human beings in the course of exploring, researching, understanding, managing and using extraterrestrial space. See Maine Revised Statutes Title 5 Sec. 13202
  • Nonferrous metal: includes the following metals and their alloys:  
  • A. See Maine Revised Statutes Title 30-A Sec. 3771
  • Nonparticipating department: means a department or division of State Government other than one defined as a department in this section that has not been approved for inclusion in this chapter by the commissioner. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Nonprofit organization: means any agency, institution or organization that consists of or is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001
  • Normal retirement age: means the specified age, the years of service requirement or any combination of age and years of service requirements at which a member becomes eligible for retirement benefits and at which those benefits may not be reduced under section 17852, subsection 3 or 3?A; section 17852, subsection 10, paragraph C; and section 18452, subsection 3. See Maine Revised Statutes Title 5 Sec. 17001
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
  • Oath: A promise to tell the truth.
  • Open areas: means any space or area the preservation or restriction of the use of which would:  
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Operating revenues: means funds available to the corporation from fees, fares and rental or sale of property and miscellaneous revenue and interest not otherwise pledged or dedicated. See Maine Revised Statutes Title 5 Sec. 13202
  • Operation: means the act of operating as defined in subsection 18. See Maine Revised Statutes Title 12 Sec. 13001
  • Operator: means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use. See Maine Revised Statutes Title 12 Sec. 13001
  • Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 5 Sec. 17001
  • Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001
  • 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
  • Outcome-based forest policy: means a science-based, voluntary process to achieve agreed-upon economic, environmental and social outcomes in the State's forests, as an alternative to prescriptive regulation, demonstrating measurable progress towards achieving statewide sustainability goals and allowing landowners to use creativity and flexibility to achieve objectives, while providing for the conservation of public trust resources and the public values of forests. See Maine Revised Statutes Title 12 Sec. 8868
  • outfitter: means a person who collects dues or fees or receives any form of compensation for arranging or providing whitewater rafting trips or for operating a whitewater rafting organization. See Maine Revised Statutes Title 12 Sec. 12901
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :  
  • A. See Maine Revised Statutes Title 12 Sec. 13001
  • Parcel: means a contiguous tract or plot of forest land owned by a landowner. See Maine Revised Statutes Title 12 Sec. 8868
  • Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001
  • Passenger: means every person carried on board a watercraft other than:  
  • A. See Maine Revised Statutes Title 12 Sec. 13001
  • Pawn transaction: means the lending of money on the security of pledged tangible personal property that is delivered to a pawnbroker and held by the pawnbroker. See Maine Revised Statutes Title 30-A Sec. 3960
  • Pawnbroker: means a person who engages in pawn transactions. See Maine Revised Statutes Title 30-A Sec. 3960
  • Person: means any natural person, firm, corporation, partnership or other organization, association or group, however organized. See Maine Revised Statutes Title 5 Sec. 19201
  • Person: means any individual, business, corporation, association, firm, partnership or other organization, whether profit or nonprofit. See Maine Revised Statutes Title 5 Sec. 1825-A
  • Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
  • Person: means any individual, partnership, joint venture, corporation or other legal entity or any group of persons which acts as a tenancy in common or joint tenancy for ownership purposes and includes any government or any agency, bureau or commission thereof. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Person: means an individual, corporation, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity. See Maine Revised Statutes Title 12 Sec. 12901
  • Person with a disability: means a person with a physical or mental impairment that substantially limits one or more of the major life activities of that person and includes, but is not limited to, a person with a developmental disability, a learning disability or a mental illness. See Maine Revised Statutes Title 5 Sec. 19503
  • Personal injury: means bodily injury as defined in Title 17?A, section 2, subsection 5 or psychological injury incurred by a victim who has sustained the threat of bodily injury. See Maine Revised Statutes Title 5 Sec. 3360
  • Personal watercraft: includes , but is not limited to, a jet ski, wet bike, surf jet and miniature speedboat. See Maine Revised Statutes Title 12 Sec. 13001
  • Personnel: means staff employed by the agency. See Maine Revised Statutes Title 5 Sec. 19503
  • Persons with disabilities: means individuals who have physical or mental impairments that substantially limit one or more major life activities, have a record of those impairments or are perceived to have those impairments. See Maine Revised Statutes Title 5 Sec. 1826-B
  • Petitioner: means any person who has requested a stay of a contract or grant award decision or a hearing of appeal. See Maine Revised Statutes Title 5 Sec. 1825-A
  • Pick-up contributions: means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. See Maine Revised Statutes Title 5 Sec. 17001
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Planning committee: means the committee established by the municipal officers of a municipality or combination of municipalities that has the general responsibility established under sections 4324 and 4326. See Maine Revised Statutes Title 30-A Sec. 4301
  • political subdivision: includes an instrumentality of the State of Maine, of one or more of its political subdivisions, the University of Maine System, academies, water, sewer and school districts and associations of municipalities, or an instrumentality of the State and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision. See Maine Revised Statutes Title 5 Sec. 19002
  • 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
  • Precommercial silvicultural activities: means chemical or mechanical thinning operations, planting, stand conversion or timber stand improvement activities where no forest products are sold. See Maine Revised Statutes Title 12 Sec. 8881
  • Presalvage and salvage harvesting: means the harvesting of trees vulnerable to damage. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary impact communities: means Aroostook County, Cumberland County and Washington County. See Maine Revised Statutes Title 5 Sec. 13202
  • Primary System: means that portion of the state highway system which the Department of Transportation has by official designation incorporated into the Federal-Aid Primary System. See Maine Revised Statutes Title 30-A Sec. 3752
  • Probable cause: means a reasonable ground for belief that a person with a disability has been or may be subject to abuse or neglect. See Maine Revised Statutes Title 5 Sec. 19503
  • 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 corporation: means a corporation for profit, other than a foreign professional corporation, subject to the provisions of this chapter. See Maine Revised Statutes Title 13 Sec. 723
  • Professional forester: means a person licensed pursuant to Title 32, chapter 76. See Maine Revised Statutes Title 12 Sec. 8868
  • Professional limited liability company: means a limited liability company formed to perform a professional service. See Maine Revised Statutes Title 13 Sec. 723
  • Professional limited liability partnership: means a limited liability partnership formed to perform a professional service. See Maine Revised Statutes Title 13 Sec. 723
  • Professional service: means the professional services provided by the following persons to the extent they are required to be licensed under state law:  
  • A. See Maine Revised Statutes Title 13 Sec. 723
  • program: means the ATV Enforcement Grant and Aid Program established pursuant to this subchapter. See Maine Revised Statutes Title 12 Sec. 10321
  • Property loss: includes a deductible paid by the victim pursuant to an insurance claim related to the property loss. See Maine Revised Statutes Title 5 Sec. 3360-S
  • Protective headgear: means a helmet that conforms with minimum standards of construction and performance as prescribed by the American National Standards Institute specification Z90. See Maine Revised Statutes Title 12 Sec. 13001
  • Public: means a municipal, county or other governmental body that is a political subdivision within the State. See Maine Revised Statutes Title 5 Sec. 1660-D
  • public drain: means any sewer or drain constructed or laid by a governmental entity for the use of the public and includes both gravity and pressure mains. See Maine Revised Statutes Title 30-A Sec. 2001
  • Qualified person: means an individual, general partnership, professional limited liability company, professional limited liability partnership, other professional corporation or other entity or trust that is eligible under this chapter to be issued shares by a professional corporation or any other entity that is authorized by statute to provide the same professional service provided by the professional corporation. See Maine Revised Statutes Title 13 Sec. 723
  • Rapidly flowing river: means a river or stretch of a river with rapids classified as class IV or higher by the department according to the International River Classification System or a river or stretch of a river designated by the department by rule on the basis of public safety, including, but not limited to, the Kennebec River between Harris Station and West Forks and the West Branch Penobscot River between McKay Station and Pockwockamus Falls. See Maine Revised Statutes Title 12 Sec. 12901
  • Rate of growth ordinance: means a land use ordinance or other rule that limits the number of building or development permits issued by a municipality or other jurisdiction over a designated time frame. See Maine Revised Statutes Title 30-A Sec. 4301
  • 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 30-A Sec. 3771
  • 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
  • recycled materials: means materials that are composed in whole or in part of elements that are reused or reclaimed. See Maine Revised Statutes Title 5 Sec. 1812
  • Regional council: means a regional planning commission or a council of governments established under chapter 119, subchapter I. See Maine Revised Statutes Title 30-A Sec. 4301
  • Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001
  • Related health and medical services: means all health or medical services utilizing state-administered funds, including Medicaid and health block grants. See Maine Revised Statutes Title 5 Sec. 1642
  • Report: means the State's social services report. See Maine Revised Statutes Title 5 Sec. 1642
  • Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Residue: means by-products of a processed log, including, but not limited to bark, woodchips or sawdust. See Maine Revised Statutes Title 12 Sec. 8881
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement allowance: means the retirement payments to which a member is or may be entitled as provided in this Part. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Risk pool: means utilizing and assessing risk factors for determining the need for an examination of an agreement. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Roundwood: means logs, bolts and other round sections of wood as they are cut from a tree. See Maine Revised Statutes Title 12 Sec. 8881
  • Roundwood processing operation: means sawmills; bolter mills; shingle mills; veneer mills; fence pole and piling making operations; pulp and paper mills; wafer board, particle board and plywood mills; whole tree chippers; commercial fuel wood processors; bark processors; custom processing mills of these products; and log yards established to accumulate logs awaiting shipment to these operations. See Maine Revised Statutes Title 12 Sec. 8881
  • Rule: means a duly-adopted regulation of general applicability promulgated by the Bureau of Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Rural area: means a geographic area that is identified and designated in a municipality's or multimunicipal region's comprehensive plan as an area that is deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, erosion mitigation, water retention, wildlife habitat, fisheries habitat and scenic lands, and away from which most development projected over 10 years is diverted. See Maine Revised Statutes Title 30-A Sec. 4301
  • Scrap metal: means metal that can be recycled, including, but not limited to, bits and pieces of metal parts that may be combined together with bolts or soldering and can be recycled when worn or superfluous. See Maine Revised Statutes Title 30-A Sec. 3771
  • Scrap metal processor: means a person that purchases scrap metal for resale or recycling. See Maine Revised Statutes Title 30-A Sec. 3771
  • Seller: means any person that receives in a transaction monetary consideration from a scrap metal processor in exchange for nonferrous metal, iron or steel, including stainless steel. See Maine Revised Statutes Title 30-A Sec. 3771
  • Separation zone: means an area that surrounds a clear-cut and separates it from other clear-cuts. See Maine Revised Statutes Title 12 Sec. 8868
  • Seropositivity: means the presence of antibody to HIV as detected by appropriate laboratory tests. See Maine Revised Statutes Title 5 Sec. 19201
  • Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001
  • Service center community: means a municipality or group of municipalities identified by the department according to a methodology established by rule that includes 4 basic criteria, including level of retail sales, jobs-to-workers ratio, the amount of federally assisted housing and the volume of service sector jobs. See Maine Revised Statutes Title 30-A Sec. 4301
  • Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: when used in this chapter, means any and all window cleaning services, elevator repair and maintenance services, laundry service, linen supply service, dry cleaning service, janitor service, floor maintenance service, rubbish and garbage disposal service, tree surgeon service, all types of office machine repair and maintenance service, exterminator service, refrigerator repair and maintenance service and oil burner repair and maintenance service when any such service is performed by an independent contractor. See Maine Revised Statutes Title 5 Sec. 1812
  • 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.
  • Sewer system: includes both sewers and sewage disposal systems and all property, rights, easements and franchises relating to those sewers and sewage disposal systems. See Maine Revised Statutes Title 30-A Sec. 2001
  • Significantly vary: means to change, modify, add to, subtract from, substitute or otherwise change a proposal or invitation to bid to an extent that may affect the price of goods or services requested. See Maine Revised Statutes Title 5 Sec. 1825-A
  • Small Business Development Center Program: means the program established by Public Law 96-302, Title II, 15 United States Code §§ 636 and 648, the Small Business Development Center Act of 1980. See Maine Revised Statutes Title 5 Sec. 13031
  • Snowmobile: means a vehicle propelled by mechanical power that is primarily designed to travel over ice or snow and is supported in part by skis, belts or cleats. See Maine Revised Statutes Title 12 Sec. 13001
  • Social Security Act: means the Act of Congress approved August 14, 1935, chapter 531, 49 Stat. See Maine Revised Statutes Title 5 Sec. 19002
  • Social service: means any children's, youth, adult or elderly service and substance use disorder, community action, developmental disability, home-heating assistance, juvenile, mental health, intellectual disability, older Americans, poverty, rehabilitation, transportation, weatherization or other social service that may be defined in the future and that is operated by the departments or the division utilizing state-administered funds, including related health and medical services and income supplementation programs. See Maine Revised Statutes Title 5 Sec. 1642
  • Social service: means any social services program funded in whole or in part through an agreement issued by the department. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Spruce budworm: means the insect of the species known as Choristoneura fumiferana, Clem. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Spruce budworm timber harvesting standards: means standards for presalvage and salvage harvesting of spruce and fir stands vulnerable to and subject to spruce budworm damage. See Maine Revised Statutes Title 12 Sec. 8423-A
  • State - administered funds: means all General Fund money, dedicated funds, federal funds, fees, grants, 3rd-party reimbursements, vendor payments or other funds or revenues available for expenditure by the departments or the division in support of the provision of a social service. See Maine Revised Statutes Title 5 Sec. 1642
  • State agency: shall mean each department and agency of State Government required to comply with chapter 149, except that the term "state agency" shall not include the University of Maine System or the Maine Maritime Academy. See Maine Revised Statutes Title 5 Sec. 1706
  • State agency: means an agency of State Government as defined in section 8002, subsection 2. See Maine Revised Statutes Title 5 Sec. 1782
  • state agency: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 19002
  • State employee: means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20?A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20?A, section 7407, subsection 3?A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:  
  • A. See Maine Revised Statutes Title 5 Sec. 17001
  • State of principal use: means the state on whose waters a watercraft is used or to be used most during a calendar year. See Maine Revised Statutes Title 12 Sec. 13001
  • Statewide AIDS alliance: means a statewide coalition of community-based AIDS organizations having at least one representative from each member organization. See Maine Revised Statutes Title 5 Sec. 19251
  • Stay: means the temporary suspension of a contract or grant award pending an appeal under this subchapter. See Maine Revised Statutes Title 5 Sec. 1825-A
  • Stumpage: means standing timber. See Maine Revised Statutes Title 12 Sec. 8881
  • Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001
  • Tangible personal property: includes motor vehicles, but does not include documents evidencing title to motor vehicles. See Maine Revised Statutes Title 30-A Sec. 3960
  • Teacher: includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. See Maine Revised Statutes Title 5 Sec. 17001
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • 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
  • Timber harvesting: means the cutting or removal of trees or forest products that when cut or removed are transported to a roundwood processing operation, as defined in section 8881, subsection 10. See Maine Revised Statutes Title 12 Sec. 8868
  • Timber harvesting activities: means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. See Maine Revised Statutes Title 12 Sec. 8868
  • 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.
  • Transitional area: means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for a share of projected residential, commercial or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area. See Maine Revised Statutes Title 30-A Sec. 4301
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Use: means , with respect to watercraft, operate, navigate or employ. See Maine Revised Statutes Title 12 Sec. 13001
  • 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.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Viral positivity: means demonstrated presence of HIV. See Maine Revised Statutes Title 5 Sec. 19201
  • wages: means all remuneration for employment as defined, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of that Act. See Maine Revised Statutes Title 5 Sec. 19002
  • Water safety zone: means the area of water within 200 feet of shoreline, whether the shoreline of the mainland or of an island. See Maine Revised Statutes Title 12 Sec. 13001
  • Watercraft: means any type of vessel, boat, canoe or craft capable of being used as a means of transportation on water, other than a seaplane, including motors, electronic and mechanical equipment and other machinery, whether permanently or temporarily attached, that are customarily used in the operations of the watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • Waters of this State: means all internal waters and all federal waters within the jurisdiction of the State. See Maine Revised Statutes Title 12 Sec. 13001
  • 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
  • Whitewater craft: means any raft, dory, bateau or similar watercraft that is used to transport passengers along rapidly flowing rivers but does not include canoes or kayaks. See Maine Revised Statutes Title 12 Sec. 12901
  • Whitewater guide: means a person who receives any remuneration from a commercial whitewater outfitter for accompanying, assisting or instructing clients of that commercial whitewater outfitter on the river on whitewater trips and who holds a current whitewater guide's license. See Maine Revised Statutes Title 12 Sec. 12901
  • Whitewater trip: means a commercial effort to transport passengers by means of a whitewater craft on rapidly flowing rivers, except commercial efforts by guides licensed under section 12853 to transport clients by means of a whitewater craft on rapidly flowing rivers while principally engaged in fishing. See Maine Revised Statutes Title 12 Sec. 12901
  • Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001
  • Wildlife: means wild organisms, including vertebrate, invertebrate and plant species. See Maine Revised Statutes Title 12 Sec. 10301
  • 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
  • Work center: means a program that provides vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement. See Maine Revised Statutes Title 5 Sec. 1826-B