Maine Revised Statutes > Title 7 > Part 1 > Chapter 6 – Maine Agriculture Protection Act
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Terms Used In Maine Revised Statutes > Title 7 > Part 1 > Chapter 6 - Maine Agriculture Protection Act
- 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
- 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
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Agricultural composting operation: means composting that takes place on a farm. See Maine Revised Statutes Title 7 Sec. 152
- agricultural labor: includes any service performed: (1) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural, aquacultural, or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife;(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm;(3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, as amended, 12 U. See Maine Revised Statutes Title 26 Sec. 1043
- Agricultural products: means those plants and animals and their products that are useful to humans and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, bees and bees' products, livestock and livestock products, manure and compost and fruits, berries, vegetables, flowers, seeds, grasses and other similar products, or any other plant, animal or plant or animal products that supply humans with food, feed, fiber or fur. See Maine Revised Statutes Title 7 Sec. 152
- Agricultural support services: means the aerial or surface application of seed, fertilizer, pesticides or soil amendments and custom harvesting. See Maine Revised Statutes Title 7 Sec. 152
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annual payroll: means the total amount of wages paid by an employer during a calendar year, not meaning, however, to include that part of individual wages or salaries in excess of $12,000. See Maine Revised Statutes Title 26 Sec. 1043
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Association: means any corporation organized under this chapter. See Maine Revised Statutes Title 13 Sec. 2003
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authority: means the Maine State Housing Authority. See Maine Revised Statutes Title 30-A Sec. 4861
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Base period: means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year; provided that if the first quarter of the last 5 completed calendar quarters was included in the base period applicable to any individual's previous benefit year, his base period shall be the last 4 completed calendar quarters. See Maine Revised Statutes Title 26 Sec. 1043
- 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
- Benefit year: means the one-year period beginning with the date with respect to which an insured worker files a request for determination of the worker's insured status, and thereafter the one-year period beginning with the date with respect to which the worker next files such a request after the end of the worker's last preceding benefit year. See Maine Revised Statutes Title 26 Sec. 1043
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to his unemployment. See Maine Revised Statutes Title 26 Sec. 1043
- 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
- Bonds: means any bonds, notes, interim certificates, debentures or other obligations issued by an authority under this chapter. See Maine Revised Statutes Title 30-A Sec. 4702
- Bureau: means the Bureau of Unemployment Compensation, the former Division of Unemployment Compensation in the Bureau of Employment Security. See Maine Revised Statutes Title 26 Sec. 1043
- Calendar quarter: means the period of 3 consecutive calendar months ending on March 31st, June 30th, September 30th or December 31st. See Maine Revised Statutes Title 26 Sec. 1043
- Client company: means a person, association, partnership, corporation or other entity that leases employees from an employee leasing company pursuant to contract. See Maine Revised Statutes Title 26 Sec. 1043
- Commission: means the 3-member Unemployment Insurance Commission. See Maine Revised Statutes Title 26 Sec. 1043
- Commissioner: means the Commissioner of Labor. See Maine Revised Statutes Title 26 Sec. 1043
- Commissioner: means the Commissioner of Labor. See Maine Revised Statutes Title 26 Sec. 2001
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Composting: means the controlled aerobic decomposition of organic materials to produce a soil-like product beneficial to plant growth and suitable for agronomic use. See Maine Revised Statutes Title 7 Sec. 152
- Continuance: Putting off of a hearing ot trial until a later time.
- Contributions: means the money payments required by this chapter to be made into the fund by an employer on account of having individuals performing services for him. See Maine Revised Statutes Title 26 Sec. 1043
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 Labor. See Maine Revised Statutes Title 26 Sec. 2022
- Dependent: A person dependent for support upon another.
- Docket: A log containing brief entries of court proceedings.
- Domestic abuse: means any of the following acts between any family or household members or sexual partners whether or not they have lived together:
A. See Maine Revised Statutes Title 26 Sec. 1043- Domestic service: includes all service for a person in the operation and maintenance of a private household, local college club or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade, occupation, profession, enterprise or vocation. See Maine Revised Statutes Title 26 Sec. 1043
- Educational institution: means any school, including nursery schools and schools of higher education, which is licensed by the State and which provides an organized course of study designed to transfer knowledge, skills, attitudes or abilities under the guidance of a teacher. See Maine Revised Statutes Title 26 Sec. 1043
- Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001- Employee leasing company: means a business entity that engages in the business of leasing employees to client companies without the client company severing an employer-employee relationship with the employees for services performed for the client company. See Maine Revised Statutes Title 26 Sec. 1043
- Employer: means :
A. See Maine Revised Statutes Title 26 Sec. 1043- Employing unit: means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1935 had in its employ one or more individuals performing services for it within this State. See Maine Revised Statutes Title 26 Sec. 1043
- Employment: except as otherwise provided in paragraph F, subparagraph (2), means any service performed prior to July 26, 1940 which was employment as defined in this subsection prior to such date, and subject to the other provisions of this subsection service performed after July 26, 1940, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied. See Maine Revised Statutes Title 26 Sec. 1043
- Employment office: means a free public employment office, or branch thereof, operated by this State or the United States or maintained as a part of a state-controlled system of public employment offices. See Maine Revised Statutes Title 26 Sec. 1043
- 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.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Ex officio: Literally, by virtue of one's office.
- Farm: means the land, plants, animals, buildings, structures, ponds and machinery used in the commercial production of agricultural products. See Maine Revised Statutes Title 7 Sec. 152
- Farm operation: means a condition or activity that occurs on a farm in connection with the commercial production of agricultural products and includes, but is not limited to, operations giving rise to noise, odors, dust, insects and fumes; operation of machinery and irrigation pumps; disposal of manure; agricultural support services; and the employment and use of labor. See Maine Revised Statutes Title 7 Sec. 152
- Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001
- Financial institution: means any bank or trust company, savings bank, savings and loan association, industrial bank, national banking association, federal savings and loan association, mortgage banker, credit union or other such institution authorized to do business in the State, or a government agency which customarily provides service or otherwise aids in the financing of mortgage loans. See Maine Revised Statutes Title 30-A Sec. 4702
- 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.
- Fishery products: includes fish, crustaceans, mollusks and marine products for human consumption. See Maine Revised Statutes Title 13 Sec. 2003
- Fraud: Intentional deception resulting in injury to another.
- Fund: means the Unemployment Compensation Fund to which all contributions and payments in lieu of contributions required and from which all benefits provided under this chapter shall be paid. See Maine Revised Statutes Title 26 Sec. 1043
- fund: means the Housing Opportunities for Maine Fund created by subsection 1. See Maine Revised Statutes Title 30-A Sec. 4853
- Fund: means the Maine Energy, Housing and Economic Recovery Fund established in section 4863. See Maine Revised Statutes Title 30-A Sec. 4861
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Governmental entity: means the State of Maine and its instrumentalities, political subdivisions and school administrative units as represented by their elected or appointed governing bodies and includes, without limitation, city and town councils, select boards, boards of county commissioners, municipally owned and operated hospitals and administrative entities formed under Title 30?A, chapter 115. See Maine Revised Statutes Title 26 Sec. 1043
- housing authority: means any of the public corporations created or authorized to be created by this chapter. See Maine Revised Statutes Title 30-A Sec. 4702
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insured work: means employment by employers. See Maine Revised Statutes Title 26 Sec. 1043
- Juror: A person who is on the jury.
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- livable wage: means the statewide average livable wage for a 2-parent household with 2 earners and 2 children as reported by the Department of Labor in the most recent biennial report required pursuant to section 1406. See Maine Revised Statutes Title 26 Sec. 1-A
- Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001- Mail: includes delivery by United States Postal Service, private carrier or electronic mail. See Maine Revised Statutes Title 26 Sec. 1043
- 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
- Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See Maine Revised Statutes Title 13 Sec. 2003
- Misconduct: means a culpable breach of the employee's duties or obligations to the employer or a pattern of irresponsible behavior, which in either case manifests a disregard for a material interest of the employer. See Maine Revised Statutes Title 26 Sec. 1043
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- mortgage: means :
A. See Maine Revised Statutes Title 30-A Sec. 4702- Nontraditional occupation: means :
A. See Maine Revised Statutes Title 26 Sec. 2022- 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.
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- 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.
- Payments in lieu of contributions: means the money payments made into the fund by an employer pursuant to section 1221, subsections 11 and 13. See Maine Revised Statutes Title 26 Sec. 1043
- Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001
- Personal property: All property that is not real property.
- Persons of low income: means persons or families, elderly or otherwise, who lack the income which is necessary, as determined by a housing authority, to enable them, without financial assistance, to live in or purchase decent, safe and sanitary dwellings, without overcrowding. See Maine Revised Statutes Title 30-A Sec. 4702
- previously uncovered services: means services:
(1) That were not employment as defined in subsection 11, and were not services covered pursuant to section 1222, at any time during the one-year period ending December 31, 1975; and(2) That:(a) Are agricultural labor, as defined in subsection 11, paragraph A?2 or domestic service as defined in subsection 11, paragraph A?3; or(b) Are services performed by an employee of this State or a political subdivision thereof, or any of their instrumentalities as provided in subsection 11, paragraph A?1, subparagraph (1), or by an employee of a nonprofit educational institution that is not an institution of higher education, as provided in subsection 11, paragraph F, subparagraph (17), division (i);except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of such services; [PL 2011, c. See Maine Revised Statutes Title 26 Sec. 1043- Program: means the Maine Energy, Housing and Economic Recovery Program established in section 4862. See Maine Revised Statutes Title 30-A Sec. 4861
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001
- Recess: A temporary interruption of the legislative business.
- Registered apprenticeship: means an apprenticeship program registered with the Maine Apprenticeship Program in accordance with Title 26, chapter 37. See Maine Revised Statutes Title 1 Sec. 72
- Regular employment: means work at the individual's customary trade, occupation, profession or business as opposed to temporary or odd job employment outside of such customary trade, occupation, profession or business. See Maine Revised Statutes Title 26 Sec. 1043
- 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
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Retirement: means termination of membership with a retirement allowance granted under this chapter. 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
- Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001
- Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001
- 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.
- single-family or multi-unit residential housing: means any work or undertaking:
A. See Maine Revised Statutes Title 30-A Sec. 4702- Sinking fund: means a fund created for the purpose of paying a debt. See Maine Revised Statutes Title 30-A Sec. 2001
- State: includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. See Maine Revised Statutes Title 26 Sec. 1043
- 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 workforce development plan: means a state plan under the Workforce Innovation and Opportunity Act. See Maine Revised Statutes Title 26 Sec. 2001
- Subpoena: A command to a witness to appear and give testimony.
- 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
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- United States: when used in a geographical sense includes the States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. See Maine Revised Statutes Title 26 Sec. 1043
- Verdict: The decision of a petit jury or a judge.
- Wages: means all remuneration for personal services, including commissions, bonuses, severance or terminal pay, gratuities and the cash value of all remuneration in any medium other than cash. See Maine Revised Statutes Title 26 Sec. 1043
- Week: means such period or periods of 7 calendar days as the commissioner may by rule prescribe. See Maine Revised Statutes Title 26 Sec. 1043
- Weekly benefit amount: means the amount of benefits an individual would be entitled to receive for one week of total unemployment. See Maine Revised Statutes Title 26 Sec. 1043
- Workforce Innovation and Opportunity Act: means the federal Workforce Innovation and Opportunity Act, Public Law 113-128. See Maine Revised Statutes Title 26 Sec. 2001