Maine Revised Statutes > Title 5 > Part 4 > Chapter 156 – Department Contracts and Appeal of Decisions


§ 1831	Rules
§ 1833	Workers’ Compensation Management Fund

Terms Used In Maine Revised Statutes > Title 5 > Part 4 > Chapter 156 - Department Contracts and Appeal of Decisions

Agricultural commodity: means any plant, or part thereof, or animal or animal product produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters or other comparable persons, primarily for sale, consumption, propagation or other use by humans or animals. See Maine Revised Statutes Title 22 Sec. 1471-C
Aircraft: means any machine or device used or designed for navigation of, or flight in, the air. See Maine Revised Statutes Title 22 Sec. 1471-C
Allegation: something that someone says happened.
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.
Arrest: Taking physical custody of a person by lawful authority.
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}
Board: means the Board of Pesticides Control as established in section 1471?B. See Maine Revised Statutes Title 22 Sec. 1471-C
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.
Certified applicator: means any person who is certified pursuant to section 1471?D and authorized to use or supervise the use of any pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C
Commercial applicator: means any person, whether or not the person is a private applicator with respect to some uses, who uses or supervises the use of any limited or restricted-use pesticides on any property other than as provided by subsection 22, or who uses general-use pesticides in custom application on such property. See Maine Revised Statutes Title 22 Sec. 1471-C
Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
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.
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.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Custom application: means an application of a pesticide:

A. See Maine Revised Statutes Title 22 Sec. 1471-C

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

defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Maine Revised Statutes Title 22 Sec. 1471-C

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

desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Maine Revised Statutes Title 22 Sec. 1471-C

Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver pesticides in this State. See Maine Revised Statutes Title 22 Sec. 1471-C

Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}

Fiduciary: A trustee, executor, or administrator.

FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U. See Maine Revised Statutes Title 22 Sec. 1471-C

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.

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}

Fraud: Intentional deception resulting in injury to another.

Fungi: means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants, of a lower order than mosses and liverworts, including but not limited to rusts, smuts, mildews and molds, except those on or in living humans or other animals or those on or in processed food, beverages or pharmaceuticals. See Maine Revised Statutes Title 22 Sec. 1471-C

Fungicide: means any substance or mixture of substances intended for destroying or repelling any fungi or mitigating or preventing damage by any fungi. See Maine Revised Statutes Title 22 Sec. 1471-C

General use pesticide: means any pesticide that is required to be registered by the board pursuant to Title 7, chapter 103, subchapter 2?A and that is not a restricted use or limited use pesticide, as defined in this section. See Maine Revised Statutes Title 22 Sec. 1471-C

General use pesticide dealer: means any person who distributes general use pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C

Ground equipment: means any machine or device, other than aircraft, for use on land or water, designed for, or adaptable to, use in applying pesticides as sprays, dusts, aerosols, fogs, or in other forms. See Maine Revised Statutes Title 22 Sec. 1471-C

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704

Herbicides: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. See Maine Revised Statutes Title 22 Sec. 1471-C

Household use pesticide product: means any general use pesticide product that contains no more than 3% active ingredients and that is applied undiluted by homeowners to control pests in and around the family dwelling and associated structures. See Maine Revised Statutes Title 22 Sec. 1471-C

in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising 6-legged, usually winged forms, including but not limited to beetles, bugs, bees, flies and other allied classes of arthropods whose members are wingless and usually have more than 6 legs, including but not limited to mites, ticks, centipedes and wood lice. See Maine Revised Statutes Title 22 Sec. 1471-C

Insecticide: means any substance or mixture of substances intended for destroying or repelling any insect, or mitigating or preventing damage by any insects. See Maine Revised Statutes Title 22 Sec. 1471-C

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Limited use pesticide: means any pesticide or pesticide use classified for limited use by the board. See Maine Revised Statutes Title 22 Sec. 1471-C

Major forest insect aerial spray application: means a project to apply pesticides against a forest insect pest by aerial application over an area containing at least 1,000 acres in the aggregate. See Maine Revised Statutes Title 22 Sec. 1471-C

Minor forest insect aerial spray application: means a project to apply pesticides against a forest insect pest by aerial application over an area containing less than 1,000 acres in the aggregate. See Maine Revised Statutes Title 22 Sec. 1471-C

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.

Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72

Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72

National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

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.

Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001

Person: means any individual, partnership, association, fiduciary, corporation, governmental entity or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 22 Sec. 1471-C

Personal property: All property that is not real property.

pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism, except viruses, bacteria or other micro-organisms on or in living humans or other living animals, that the commissioner declares to be a pest. See Maine Revised Statutes Title 22 Sec. 1471-C

pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. See Maine Revised Statutes Title 22 Sec. 1471-C

Pesticide dealer: means any person who distributes limited or restricted use pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C

plant regulator: means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments. See Maine Revised Statutes Title 22 Sec. 1471-C

Private applicator: means any person who uses or supervises the use of any pesticide that is classified for restricted or limited use for purposes of producing any agricultural commodity on property owned or rented by the person or the person's employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. See Maine Revised Statutes Title 22 Sec. 1471-C

Private applicator of general use pesticides: means a person who uses or supervises the use of general use pesticides for purposes of producing agricultural commodities on property owned or rented by that person or that person's employer when:

A. See Maine Revised Statutes Title 22 Sec. 1471-C

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

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}

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.

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Restricted use pesticide: means any pesticide or pesticide use classified for use only by or under the direct supervision of a certified applicator by the Administrator of the United States Environmental Protection Agency or by the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 22 Sec. 1471-C

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.

Spray contracting firm: means a person, as defined in this section, employed or contracted to conduct a public or private pesticide application. See Maine Revised Statutes Title 22 Sec. 1471-C

Statute: A law passed by a legislature.

Subpoena: A command to a witness to appear and give testimony.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

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.

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trustee: A person or institution holding and administering property in trust.

United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72

Weed: means any plant which grows where not wanted. See Maine Revised Statutes Title 22 Sec. 1471-C

Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001

Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001