Maine Revised Statutes > Title 7 > Part 1 > Chapter 8-A > Subchapter 1 – Purchase of Foodstuffs From Maine


§ 211	Statement of policy
§ 212	Definitions
§ 214-A	Maine foods procurement program
§ 215-A	Rule-making authority

Terms Used In Maine Revised Statutes > Title 7 > Part 1 > Chapter 8-A > Subchapter 1 - Purchase of Foodstuffs From Maine

active state service: means all military duty performed as a member of the state military forces pursuant to this Title or the United States Code, Title 32. See Maine Revised Statutes Title 37-B Sec. 101-A
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.
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.
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.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attending physician: means the physician who has primary responsibility for the treatment and care of the patient. See Maine Revised Statutes Title 34-B Sec. 11001
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}
Chief administrative officer: means the head of a correctional facility or a detention facility. See Maine Revised Statutes Title 34-A Sec. 1001
Circumstantial evidence: All evidence except eyewitness testimony.
Client: means a person who receives services from a provider. See Maine Revised Statutes Title 34-B Sec. 13002
Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001
Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
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.
Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001
Correctional program: includes , but is not limited to, probation and parole, court intake and jail inspection. See Maine Revised Statutes Title 34-A Sec. 1001
Corrections officer: means a person who is responsible for the custody or direct supervision of a person confined in a jail, prison or state correctional facility pursuant to an order of a court or as a result of an arrest and who possesses a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A. See Maine Revised Statutes Title 34-A Sec. 3101
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Declaration: means a written document voluntarily executed by the declarant in accordance with the requirements of subsection 2 regardless of form. See Maine Revised Statutes Title 34-B Sec. 11001
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001
Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
Dependent: A person dependent for support upon another.
Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Docket: A log containing brief entries of court proceedings.
Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72
Emergency: means a situation, physical condition, financial condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to individuals served or funded by the department, including, but not limited to, imminent or actual abandonment of a facility or service. See Maine Revised Statutes Title 34-B Sec. 13002
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}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Facility: means any residential facility funded in whole or in part by the department but does not include hospitals licensed pursuant to Title 22, chapter 405. See Maine Revised Statutes Title 34-B Sec. 13002
Fiduciary: A trustee, executor, or administrator.
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.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grantor: The person who establishes a trust and places property into it.
Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Habitual violation: means a violation of state or federal law that, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents. See Maine Revised Statutes Title 34-B Sec. 13002
Health care facility: includes any program, institution, place, building or agency or portion thereof, private or public, whether organized for profit or not, used, operated or designed to provide medical diagnosis, treatment or rehabilitative or preventive care to any person. See Maine Revised Statutes Title 34-B Sec. 11001
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}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
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.
Juvenile: means juvenile client or juvenile detainee. See Maine Revised Statutes Title 34-A Sec. 3101
Juvenile client: means a juvenile committed to a juvenile correctional facility who is either residing at the facility or is on community reintegration status, or ordered confined in a juvenile correctional facility pursuant to Title 12, section 6004, 8004 or 10608; Title 15, section 3314, subsection 1, paragraph H; Title 15, section 3314, subsection 7; or Title 29?A, section 115. See Maine Revised Statutes Title 34-A Sec. 1001
Juvenile detainee: means a juvenile detained at a departmental juvenile facility pending a court proceeding or pursuant to Title 15, section 3312, subsection 3, paragraph D. See Maine Revised Statutes Title 34-A Sec. 1001
Labor: means the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix. See Maine Revised Statutes Title 34-A Sec. 3101
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}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensee: means any person or any other legal entity, other than a receiver appointed under section 13003, who is licensed or required to be licensed to operate a facility or to provide services. See Maine Revised Statutes Title 34-B Sec. 13002
Likelihood of serious harm: means a:

A. See Maine Revised Statutes Title 34-A Sec. 1001

Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72

Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.

Military forces: means the state military forces, as defined in section 102. See Maine Revised Statutes Title 37-B Sec. 101-A

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

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

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.

Owner: means the holder of the title to the real estate in which the facility is maintained. See Maine Revised Statutes Title 34-B Sec. 13002

Person with mental illness: means a person who has attained 18 years of age and has been diagnosed as having a psychiatric or other illness that substantially impairs that person's mental health. See Maine Revised Statutes Title 34-A Sec. 1001

Personal property: All property that is not real property.

Physician: means an individual licensed to practice medicine. See Maine Revised Statutes Title 34-B Sec. 11001

Plaintiff: The person who files the complaint in a civil lawsuit.

Postpartum recovery: means , as determined by a woman's physician, the period immediately following delivery, including the entire period the woman is in the hospital or infirmary after giving birth. See Maine Revised Statutes Title 34-A Sec. 3101

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}

Prison: means the Maine State Prison. See Maine Revised Statutes Title 34-A Sec. 1001

Prisoner: means an adult person sentenced and committed to, transferred to or detained in the custody of the department, including a person on supervised community confinement. See Maine Revised Statutes Title 34-A Sec. 1001

Probable cause: A reasonable ground for belief that the offender violated a specific law.

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.

Provider: means a business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, engaged in providing services licensed or funded, in whole or in part, by the department but does not include a hospital licensed pursuant to Title 22, chapter 405. See Maine Revised Statutes Title 34-B Sec. 13002

Psychotic condition: means any disease, illness or condition commonly referred to by the medical profession according to ordinary standards of current medical practice as any disorder characterized by psychotic tendencies or manic-depressive behavior or schizophrenia or other similar condition that, without the administration of appropriate medical treatment, including the use of psychotropic drugs, would constitute a danger to the patient or to others and would result in a patient being gravely disabled. See Maine Revised Statutes Title 34-B Sec. 11001

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 property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Resident: means any person who lives in and receives services or care in a facility. See Maine Revised Statutes Title 34-B Sec. 13002

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

Restraints: means any physical restraint or mechanical device used to control the movement of a prisoner's or juvenile's body or limbs, including, but not limited to, disposable or soft restraints, handcuffs, a security restraint system that combines handcuffs with a rigid component, leg irons, belly chains, a security or tether chain and a convex shield. See Maine Revised Statutes Title 34-A Sec. 3101

Segregation: means the separation of a prisoner from the general population of a correctional facility for administrative or punitive reasons. See Maine Revised Statutes Title 34-A Sec. 1001

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.

Statute: A law passed by a legislature.

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

Substantial violation: means a violation of state or federal law that presents a reasonable likelihood of serious physical or mental harm to residents. See Maine Revised Statutes Title 34-B Sec. 13002

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

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.

Transfer trauma: means the combination of medical and psychological reactions to abrupt physical transfer that may increase the risk of grave illness or death. See Maine Revised Statutes Title 34-B Sec. 13002

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

Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72