Sections
Subchapter 1 Marketing and Advertising Farm Products 401 – 403
Subchapter 1-A Direct Marketing of Agricultural Commodities 411 – 415
Subchapter 1-B Agricultural Commodities Marketing Act 421 – 426
Subchapter 1-C Market Service 432 – 433
Subchapter 1-D Agricultural Marketing Loans 434 – 437
Subchapter 2 Grades and Standards for Farm Products 441 – 448
Subchapter 2-A Licensing of Dealers in Agricultural Commodities 451 – 460
Subchapter 3 Adulterated or Misbranded Goods 482 – 490
Subchapter 4 Hazardous Substances Labeling Act 501 – 513
Subchapter 5 Maine Fair Packaging and Labeling Act 521 – 529
Subchapter 6 Labeling Fresh Produce 530
Subchapter 7 Labeling Foods Free of Genetic Engineering 530-A

Terms Used In Maine Revised Statutes > Title 7 > Part 2 > Chapter 101 - General Provisions

  • Abatement: includes , but is not limited to:
A. See Maine Revised Statutes Title 38 Sec. 1291
  • Aboveground heating oil supply tank: means an aboveground oil storage tank that is connected directly to an oil-burning heating appliance and is used solely to store heating oil. See Maine Revised Statutes Title 38 Sec. 1392
  • Aboveground oil storage facility: has the meaning set out in section 562?A, subsection 1?A. See Maine Revised Statutes Title 38 Sec. 1392
  • Aboveground oil storage tank: has the meaning set out in section 562?A, subsection 1?B. See Maine Revised Statutes Title 38 Sec. 1392
  • Abutting property: means , with respect to a parcel of land, another parcel of land that shares a common property boundary, except that "abutting property" does not include a parcel of land separated from another parcel by a public road or highway. See Maine Revised Statutes Title 35-A Sec. 102
  • Accepted road: means a state, county or town road which is under the control of state, county or municipal authorities and maintained at public expense. See Maine Revised Statutes Title 38 Sec. 952
  • Access to directory assistance: means access to a service that includes, but is not limited to, making available to customers, upon request, information contained in directory listings. See Maine Revised Statutes Title 35-A Sec. 7201
  • Access to emergency services: means access to emergency services, as defined in Title 25, section 2921, subsection 5, through 9-1-1 or enhanced 9-1-1 service, as defined in Title 25, section 2921, subsection 6, to the extent a local government in the service area of a provider of last resort service provides 9-1-1 or enhanced 9-1-1 services. See Maine Revised Statutes Title 35-A Sec. 7201
  • Access to interexchange service: means the use of the wireline loop, as well as that portion of the switch that is paid for by the end user, or the functional equivalent of these network elements in the case of a wireless carrier, necessary to access an interexchange carrier's network. See Maine Revised Statutes Title 35-A Sec. 7201
  • Access to operator services: means access to any automatic or live assistance by a consumer to arrange for billing for or completion of a telephone call or both. See Maine Revised Statutes Title 35-A Sec. 7201
  • Accessory use or structure: means a use or structure of a nature customarily incidental and subordinate to a principal use or structure. See Maine Revised Statutes Title 38 Sec. 952
  • Account: means a general account or a compliance account. See Maine Revised Statutes Title 38 Sec. 580-A
  • Account: means a contract of deposit between a depositor and a financial institution and includes a checking account, savings account, certificate of deposit and share account. See Maine Revised Statutes Title 18-C Sec. 6-201
  • Account-based bulk processing program: means a beverage container recycling program implemented by a redemption center or pick-up agent that meets the requirements of rules adopted by the department, is approved by the department, consolidates beverage containers subject to the requirements of this chapter through bulk sorting, collects data regarding each container sorted, provides electronic data reports specifying the number of containers sorted by universal product code along with information regarding the container brand, redemption location and container material type to support an accounting of deposits, fees and material weight and prepares the sorted containers for sale to recyclers. See Maine Revised Statutes Title 38 Sec. 3102
  • Accounting period: includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Accredited training program: means a training program that has been accredited by the State pursuant to rules adopted in accordance with this chapter. See Maine Revised Statutes Title 38 Sec. 1291
  • ACT: means a self-contained service with a fixed point of responsibility for providing treatment, rehabilitation and support services to persons with mental illness for whom other community-based treatment approaches have been unsuccessful. See Maine Revised Statutes Title 34-B Sec. 3801
  • acting through: includes the assignment or transfer of an interest in real property acquired in satisfaction of a debt. See Maine Revised Statutes Title 38 Sec. 1362
  • 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
  • Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Maine Revised Statutes Title 38 Sec. 3002
  • Adjusted base minimum price: means the base minimum price plus any amounts established by the Maine Milk Commission to reflect the increased costs of production pursuant to section 2954, subsection 2, paragraph A. See Maine Revised Statutes Title 7 Sec. 3152
  • Administrative adjustment request: means an administrative adjustment request filed by a partnership pursuant to the Code, Section 6227. See Maine Revised Statutes Title 36 Sec. 5195
  • Administrator: means the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 10 Sec. 1308
  • Administrator: means the administrator designated in Article VI, section 6?103. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Administrator: means the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 10 Sec. 1395
  • Administrator: means the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 10 Sec. 1400-A
  • Adoptee: means a person who will be or who has been adopted, regardless of whether the person is a child or an adult. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Adult: means an individual who has attained 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Adult: means an individual at least 18 years of age or an emancipated individual under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Adult developmental services: means any support or assistance provided, licensed or funded in whole or in part by the department pursuant to chapter 5 or 6 to an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 1001
  • Adult education: means education programs primarily operated for individuals beyond the compulsory school ages and administered by school administrative units. See Maine Revised Statutes Title 20-A Sec. 1
  • Adult subject to conservatorship: means an adult for whom a conservator has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Adult subject to guardianship: means an adult for whom a guardian has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Advance health care directive: means an individual instruction from, or a power of attorney for health care by, an individual with capacity. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Advertisement: means a commercial message in any medium that directly or indirectly aids, promotes or assists a rental-purchase agreement, but does not include in-store merchandising aids such as window signs and ceiling banners. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Advocate: means a person:
  • A. See Maine Revised Statutes Title 34-B Sec. 5461
  • Affected land: means reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with the excavation. See Maine Revised Statutes Title 38 Sec. 490-A
  • Affected land: means all reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with a quarry. See Maine Revised Statutes Title 38 Sec. 490-W
  • 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.
  • Affiliate: means any person who, as determined by the commission:
  • A. See Maine Revised Statutes Title 35-A Sec. 3180
  • Affiliated: means a person, directly or indirectly through one or more intermediaries, who controls, is controlled by or is under common control of, another person. See Maine Revised Statutes Title 10 Sec. 1395
  • Agency: means the department or any legal successor or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Maine Revised Statutes Title 38 Sec. 3002
  • Agency: means the Maine Municipal and Rural Electrification Cooperative Agency. See Maine Revised Statutes Title 35-A Sec. 4103
  • Agency: means a person, firm, association or corporation, but does not include the individual or corporate professional practice of one or more psychologists or psychiatrists. See Maine Revised Statutes Title 34-B Sec. 3601
  • Agent: means an individual with capacity designated in a power of attorney for health care to make a health care decision for the individual granting the power. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Agent: includes an original agent, coagent, successor agent and a person to whom an agent's authority is delegated. See Maine Revised Statutes Title 18-C Sec. 5-902
  • Agent: means a person authorized to make account transactions for a party. See Maine Revised Statutes Title 18-C Sec. 6-201
  • Agricultural commodity: means any and all agricultural, horticultural and vineyard crops and products when produced or sold in this State, either in their natural state or as processed by the producer, including such products as:
  • A. See Maine Revised Statutes Title 7 Sec. 423
  • Agricultural enterprise: includes a business or activity that attracts visitors to a farm for the purpose of supplementing income from the primary crop or livestock operation. See Maine Revised Statutes Title 7 Sec. 434
  • Agriculture: means the production, keeping or maintenance for sale or lease of plants or animals, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables and ornamental and greenhouse products. See Maine Revised Statutes Title 38 Sec. 436-A
  • Air contaminants: includes , but is not limited to, dust, fumes, gas, mist, particulate matter, smoke, vapor or any combination thereof. See Maine Revised Statutes Title 38 Sec. 582
  • Air contamination source: means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582
  • Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property throughout the State or throughout such areas of the State as shall be affected thereby. See Maine Revised Statutes Title 38 Sec. 582
  • Air pollution control apparatus: means and includes any appliance, equipment or machinery which removes, reduces controls, eliminates, disposes of or renders less noxious the emission of air contaminants into ambient air. See Maine Revised Statutes Title 38 Sec. 582
  • Air quality units: means the toxicity score for a hazardous air pollutant multiplied by the estimated emissions of that hazardous air pollutant. See Maine Revised Statutes Title 38 Sec. 582
  • Airblast: means an atmospheric compression wave resulting from the detonation of explosives, whether resulting from the motion of blasted materials or the expansion of gases from the explosion. See Maine Revised Statutes Title 38 Sec. 490-W
  • Allegation: something that someone says happened.
  • Allocation: means the number of carbon dioxide allowances to be credited to a carbon dioxide budget unit or to the general account of the sponsor of an approved carbon dioxide emissions offset project. See Maine Revised Statutes Title 38 Sec. 580-A
  • Alternative: means a substitute process, product, material, chemical, strategy or combination of these that serves a functionally equivalent purpose to a chemical in a children's product. See Maine Revised Statutes Title 38 Sec. 1691
  • Alternative: means a substitute process, product, material, chemical, strategy or a combination of these that serves a purpose functionally equivalent to that of a priority toxic chemical used by a commercial and industrial facility. See Maine Revised Statutes Title 38 Sec. 2322
  • Ambient air: means all air outside of buildings, stacks or exterior ducts. See Maine Revised Statutes Title 38 Sec. 582
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means an individual who has applied for a homestead property tax exemption pursuant to this subchapter. See Maine Revised Statutes Title 36 Sec. 681
  • Appraisal: A determination of property value.
  • 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
  • Aquatic life: means any plants or animals which live at least part of their life cycle in fresh water. See Maine Revised Statutes Title 38 Sec. 466
  • Area of special flood hazard: means land in a floodplain having a 1% or greater chance of flooding in any given year, as identified in the effective federal flood insurance study and corresponding flood insurance rate maps. See Maine Revised Statutes Title 38 Sec. 436-A
  • Arrest: Taking physical custody of a person by lawful authority.
  • arsenic-treated wood: means lumber, timber, piles, poles, posts, plywood, shakes, shingles or other wood or forest products intended for outdoor use that have been pressure treated to reduce decay with a wood preservative containing inorganic arsenic or inorganic arsenic compounds, including, but not limited to, chromated copper arsenate, commonly referred to as "CCA" or similar arsenic-based wood-preserving chemical mixtures. See Maine Revised Statutes Title 38 Sec. 1681
  • Asbestos: means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to, chrysotile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement activity: includes associated activities such as design, monitoring, analysis and inspection of any asbestos-containing material in an amount greater than 3 square feet or 3 linear feet, and conducting training for persons seeking a state certificate or license. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement contractor: means a business entity that engages in, or intends to engage in, asbestos abatement activities as a business service on property that it does not own and that employs or involves one or more asbestos abatement project supervisors, asbestos abatement design consultants, asbestos air monitors or asbestos inspectors for asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement design consultant: means an individual engaged in preparing and supervising the implementation of facility plans for the removal or abatement of asbestos. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement project supervisor: means an individual with responsibility for the supervision of asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement worker: means an individual engaging in any asbestos abatement activity for any employer. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos air analyst: means an individual engaging in the analysis of air samples for fiber count including, but not limited to asbestos fibers. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos air monitor: means a person responsible for applying applicable rules and standards at a specific location by monitoring procedures during asbestos abatement activities in order to protect the public health from the hazards associated with exposure to asbestos. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos analytical laboratory: means a public or private entity that scientifically analyzes samples of solids, liquids or gases to determine the presence and concentration of asbestos fibers. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos bulk analyst: means an individual engaging in the analysis of bulk samples for asbestos or other material composition. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos consultant: means a business entity that engages in, or intends to engage in, the design, inspection or monitoring of asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos inspector: means an individual whose activities include, but are not limited to, collecting bulk samples and assessing the potential for exposure associated with the presence of asbestos-containing material. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos management planner: means a person who assesses hazards associated with the presence and condition of asbestos-containing materials in schools and who develops a response action plan based upon the assessment. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos professional: means an individual certified by the commissioner to engage in asbestos abatement activities, including, but not limited to, an asbestos abatement worker, an asbestos abatement project supervisor, an asbestos air monitor, an asbestos inspector, an asbestos abatement design consultant, an asbestos air analyst, an asbestos bulk analyst and an asbestos management planner. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos-containing material: means any material containing asbestos in quantities equal to or greater than 1% by volume. See Maine Revised Statutes Title 38 Sec. 1272
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Audited partnership: means a partnership subject to a partnership-level audit resulting in a federal adjustment. See Maine Revised Statutes Title 36 Sec. 5195
  • Automobile graveyard: means a yard, field or parcel of land used as a place of storage for 3 or more unserviceable, discarded, worn out or junked motor vehicles. See Maine Revised Statutes Title 38 Sec. 952
  • Average annual net wood production rate: means the estimated average net usable amount of wood one acre of land is growing in one year. See Maine Revised Statutes Title 36 Sec. 573
  • Bag-drop program: means a beverage container recycling program implemented by a redemption center that meets the requirements of rules adopted by the department and that allows a person to drop off beverage containers subject to the requirements of this chapter in a bag or other receptacle at one or more identified locations and to have the corresponding refund placed into an account to be held for the benefit of the person in a manner that allows the person to obtain the refund or a refund receipt within 10 calendar days following the drop-off. See Maine Revised Statutes Title 38 Sec. 3102
  • bail: means the obtaining of the release of the defendant upon an undertaking that the defendant shall appear at the time and place required and that the defendant shall conform to each condition imposed in accordance with section 1026 that is designed to ensure that the defendant shall refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community. See Maine Revised Statutes Title 15 Sec. 1003
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • BART: means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each visibility-impairing air pollutant that is emitted by an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
  • BART eligible unit: means an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
  • Base minimum price: means Class I, Class II and Class III prices established pursuant to the northeast marketing area milk marketing order. See Maine Revised Statutes Title 7 Sec. 3152
  • 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.
  • Basement: means any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below the existing ground level. See Maine Revised Statutes Title 38 Sec. 436-A
  • 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
  • Beneficiary: means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee. See Maine Revised Statutes Title 18-C Sec. 6-201
  • Beneficiary: means a person that receives property under a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402
  • Beneficiary: includes , in the case of a decedent's estate, an heir and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Beneficiary form: means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Maine Revised Statutes Title 18-C Sec. 6-301
  • Bequest: Property gifted by will.
  • Best interest of the minor: means the standard of the best interest of the child according to the factors set forth in Title 19?A, section 1653, subsection 3. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Best management practice guidelines: means recommended techniques or procedures or a combination of techniques or procedures that are determined by the appropriate agency identified in section 410?J to be the most effective practicable means of preventing or reducing pollution generated by nonpoint sources. See Maine Revised Statutes Title 38 Sec. 410-H
  • Best practical treatment: means that method which controls or reduces emissions of air contaminants to the lowest possible level considering:
  • A. See Maine Revised Statutes Title 38 Sec. 582
  • Beverage: means beer, ale or other drink produced by fermenting malt, spirits, wine, hard cider, wine coolers, soda or noncarbonated water and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for internal human consumption, except for unflavored rice milk, unflavored soymilk, milk and dairy-derived products. See Maine Revised Statutes Title 38 Sec. 3102
  • Beverage container: means a bottle, can, jar or other container made of glass, metal or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters or less of a beverage. See Maine Revised Statutes Title 38 Sec. 3102
  • Billboard: means a sign, structure or surface, or combination thereof, used for advertising purposes exceeding 15 square feet in area. See Maine Revised Statutes Title 38 Sec. 952
  • Blast site: means the area where explosive material is handled during the loading of drilled blastholes, including the perimeter formed by the loaded blastholes and 50 feet in all directions from loaded blastholes. See Maine Revised Statutes Title 38 Sec. 490-W
  • Blaster: means a person qualified to be in charge of or responsible for the loading and firing of a blast. See Maine Revised Statutes Title 38 Sec. 490-W
  • Blasting: means the use of explosives to break up or otherwise aid in the extraction or removal of a rock or other consolidated natural formation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Blend price: means the price of milk per hundredweight computed as the sum of the Class I price multiplied by the percentage of milk sold as Class I milk, the Class II price multiplied by the percentage sold as Class II milk and the Class III price multiplied by the percentage sold as Class III milk. See Maine Revised Statutes Title 7 Sec. 3152
  • Board: means the Maine Dairy Promotion Board. See Maine Revised Statutes Title 7 Sec. 2991
  • Board: means the Maine Dairy Promotion Board. See Maine Revised Statutes Title 7 Sec. 2997
  • board: means the Maine Board of Tax Appeals as established in Title 5, section 12004?B, subsection 10. See Maine Revised Statutes Title 36 Sec. 111
  • Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1
  • Bog: means a periodically or continually wet, spongy area exceeding 1,000 square feet in area with soil composed mainly of decayed vegetable matter. See Maine Revised Statutes Title 38 Sec. 952
  • Borrow pit: means a mining operation undertaken primarily to extract and remove sand, fill or gravel. See Maine Revised Statutes Title 38 Sec. 482
  • Boston market dealer: means any dealer as defined in subsection 4 who purchases milk from producers subject to the price regulations of the northeast marketing area milk marketing order. See Maine Revised Statutes Title 7 Sec. 3152
  • Boston market producer: means any Maine milk producer selling to a dealer marketing milk subject to the northeast marketing area milk marketing order, or any agricultural cooperative that buys milk from or handles milk for such a producer and sells it to such a dealer. See Maine Revised Statutes Title 7 Sec. 3152
  • Brand: means a name, symbol, word or mark that identifies a product, rather than its components, and attributes the product to the owner of the brand. See Maine Revised Statutes Title 38 Sec. 1771
  • Building: means any structure, regardless of the materials of which it is constructed, which has a roof or partial roof supported by columns or walls, used or intended to be used for the habitation, enclosure or shelter of persons or animals or to provide uses which include, but are not limited to, working, office, display, sales, storage or parking space. See Maine Revised Statutes Title 38 Sec. 952
  • Bulk gasoline plant: means , except for gasoline service stations, any gasoline storage and distribution facility or bulk gasoline terminal with a daily throughput of 76,000 liters, or 20,000 gallons, or less, that receives gasoline from refineries, bulk gasoline terminals or through direct import. See Maine Revised Statutes Title 38 Sec. 582
  • Bulk gasoline terminal: means a gasoline storage facility that receives gasoline from refineries, primarily by pipeline, ship or barge, and delivers gasoline to bulk gasoline plants or commercial or retail accounts primarily by tank vehicle and that has a daily throughput of more than 76,000 liters, or 20,000 gallons, of gasoline. See Maine Revised Statutes Title 38 Sec. 582
  • Bureau: means the Bureau of Revenue Services, which may be referred to as "Maine Revenue Services. See Maine Revised Statutes Title 36 Sec. 111
  • Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Maine Revised Statutes Title 38 Sec. 1272
  • Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Maine Revised Statutes Title 38 Sec. 1291
  • Capacity: means the ability to have a basic understanding of the diagnosed condition and to understand the significant benefits, risks and alternatives to the proposed health care and the consequences of forgoing the proposed treatment, the ability to make and communicate a health care decision and the ability to understand the consequences of designating an agent or surrogate to make health care decisions. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Carbon dioxide budget unit: means any single fossil fuel fired unit that serves a generator with a nameplate capacity equal to or greater than 25 megawatts of electrical output. See Maine Revised Statutes Title 38 Sec. 580-A
  • Carbon dioxide emissions budget: means the total amount of carbon dioxide emissions allowances allocated by the State on an annual basis. See Maine Revised Statutes Title 38 Sec. 580-A
  • Carbon dioxide emissions offset project: includes , but is not limited to, landfill and agricultural methane capture and destruction, reduction in emissions of sulfur hexafluoride, sequestration of carbon due to forestry practices and reduction or avoidance of carbon dioxide emissions from natural gas, oil or propane end-use combustion due to end-use energy efficiency and other categories established by the department by rule. See Maine Revised Statutes Title 38 Sec. 580-A
  • Carbon dioxide offset allowance: means a carbon dioxide allowance awarded to the sponsor of a carbon dioxide emissions offset project. See Maine Revised Statutes Title 38 Sec. 580-A
  • Case management services: means those services which assist an individual in gaining access to and making effective use of the range of medical, psychological and other related services available to them. See Maine Revised Statutes Title 34-B Sec. 3601
  • Cash price: means the price for which the merchant would sell the property to the consumer for cash on the date of the rental-purchase agreement. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Certificate: means a document issued to an individual by the commissioner affirming that an individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos professional. See Maine Revised Statutes Title 38 Sec. 1272
  • Certificate: means a document issued to an individual by the commissioner affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as a lead professional. See Maine Revised Statutes Title 38 Sec. 1291
  • CFU: means colony-forming units. See Maine Revised Statutes Title 38 Sec. 466
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See Maine Revised Statutes Title 38 Sec. 1691
  • Chemical of concern: means a chemical identified by the department pursuant to section 1693. See Maine Revised Statutes Title 38 Sec. 1691
  • Chemical of high concern: means a chemical identified by the department pursuant to section 1693?A. See Maine Revised Statutes Title 38 Sec. 1691
  • Chemical of low concern: means a chemical for which adequate toxicity and environmental data are available to determine that it is not a chemical of high concern, a chemical of concern, a chemical of potential concern or a chemical of unknown concern. See Maine Revised Statutes Title 38 Sec. 1691
  • Chemical of potential concern: means a chemical identified by an authoritative governmental entity on the basis of credible scientific evidence as being suspected of causing an adverse health or environmental effect listed in section 1693, subsection 1. See Maine Revised Statutes Title 38 Sec. 1691
  • Chemical of unknown concern: means a chemical for which insufficient data are available to classify it as a chemical of high concern, a chemical of concern, a chemical of potential concern or a chemical of low concern. See Maine Revised Statutes Title 38 Sec. 1691
  • Chief administrative officer: means the head of a state institution or the head of any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001
  • Child: means a person who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Claim: includes a claim against an individual or conservatorship estate, whether arising in contract, tort or otherwise. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Class I milk: means :
  • A. See Maine Revised Statutes Title 7 Sec. 2991
  • clay: means a material that consists of particles of such a size that 45% or more of the fraction of those particles able to pass through a 3-inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization or runoff based upon its gradation, plasticity, permeability or other relevant criteria. See Maine Revised Statutes Title 38 Sec. 490-A
  • Client: means a person asking the department for adult developmental services or the person for whom those services are asked. See Maine Revised Statutes Title 34-B Sec. 5461
  • Client: means the taxpayer with whom the exchange facilitator enters into an agreement described in subsection 4, paragraph A. See Maine Revised Statutes Title 10 Sec. 1395
  • Climate action plan: means the state plan adopted under section 577. See Maine Revised Statutes Title 38 Sec. 574
  • Closing: means the time at which a nuclear power plant ceases to generate electricity and is retired from active service. See Maine Revised Statutes Title 35-A Sec. 4352
  • Coastal management: means the planning, development, conservation and regulation of coastal resource use by Federal, state, regional and local governments. See Maine Revised Statutes Title 38 Sec. 1802
  • Coastal resources: means the coastal waters of the State and adjacent shorelands, their natural resources and related marine and wildlife habitat that together form an integrated terrestrial, estuarine and marine ecosystem. See Maine Revised Statutes Title 38 Sec. 1802
  • Coastal sand dune systems: means sand and gravel deposits within a marine beach system, including, but not limited to, beach berms, frontal dunes, dune ridges, back dunes and other sand and gravel areas deposited by wave or wind action. See Maine Revised Statutes Title 38 Sec. 480-B
  • Coastal wetlands: means all tidal and subtidal lands; all areas with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous lowland that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. See Maine Revised Statutes Title 38 Sec. 480-B
  • Coastal wetlands: means all tidal and subtidal lands; all lands with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. See Maine Revised Statutes Title 38 Sec. 436-A
  • Code: means the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2022. See Maine Revised Statutes Title 36 Sec. 111
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Color pollution unit: means that measure of water color derived from comparison with a standard measure prepared according to the specifications of the current edition of "Standard Methods for Examination of Water and Wastewater" adopted by the United States Environmental Protection Agency, or an equivalent measure. See Maine Revised Statutes Title 38 Sec. 466
  • Combined cycle system: means a system composed of one or more combustion turbines, heat recovery system generators and steam turbines configured to improve overall efficiency of electrical generation or steam production. See Maine Revised Statutes Title 38 Sec. 580-A
  • Combined heat and power unit: means a device that simultaneously generates electricity and thermal power and operates at a high level of output efficiency by utilizing the waste heat created as a by-product of electricity generation for domestic, commercial or industrial heating or cooling purposes, and whose useful thermal output equals at least 10% of the fossil fuel energy input of the unit. See Maine Revised Statutes Title 38 Sec. 580-A
  • Combined sewer overflow: means a discharge of excess wastewater from a municipal or quasi-municipal sewerage system that conveys both sanitary wastes and storm water in a single pipe system and that is in direct response to a storm event or snowmelt. See Maine Revised Statutes Title 38 Sec. 466
  • Commercial building: means any building used primarily for commercial or industrial activity that is generally not open to the public or occupied or visited by children, including, but not limited to, warehouses, factories, storage facilities, aircraft hangars, garages and wholesale distribution facilities. See Maine Revised Statutes Title 38 Sec. 1291
  • Commercial fishing: means harvesting or processing, or both, of wild marine organisms with the intent of disposing of them for profit or trade in commercial channels. See Maine Revised Statutes Title 36 Sec. 1132
  • Commercial fishing activities: means activities directly related to commercial fishing and those commercial activities commonly associated with or supportive of commercial fishing, such as the manufacture or sale of ice, bait and nets, and the sale, manufacture, installation or repair of boats, engines and other equipment commonly used on boats. See Maine Revised Statutes Title 38 Sec. 436-A
  • Commercial fishing activities: means commercial aquacultural production and commercial fishing. See Maine Revised Statutes Title 36 Sec. 1132
  • Commingling agreement: means an agreement between 2 or more initiators of deposit allowing the beverage containers for which they have initiated deposits to be commingled by dealers and redemption centers, as described in section 3107. See Maine Revised Statutes Title 38 Sec. 3102
  • Commingling group: includes the State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, which, pursuant to section 3107, is deemed to be managing returned containers for which the State has initiated deposits in a commingling program pursuant to a qualified commingling agreement, but does not include the commingling cooperative. See Maine Revised Statutes Title 38 Sec. 3102
  • Commission: means the Maine Milk Commission. See Maine Revised Statutes Title 7 Sec. 2951
  • Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
  • Commission: means the St. See Maine Revised Statutes Title 38 Sec. 992
  • Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
  • Commissioner: means the Commissioner of Defense, Veterans and Emergency Management. See Maine Revised Statutes Title 37-B Sec. 1111
  • Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 3102
  • 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
  • Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 411
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee. See Maine Revised Statutes Title 7 Sec. 423
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry and the commissioner's agents. See Maine Revised Statutes Title 7 Sec. 502
  • Commissions: means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales. See Maine Revised Statutes Title 10 Sec. 1341
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Common interest community: means a condominium, cooperative or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums or for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. See Maine Revised Statutes Title 38 Sec. 3002
  • Common trust fund: means a trust or fund maintained by a bank or trust company exclusively for the collective investment or reinvestment of money contributed to the trust or fund by the bank or trust company, or an affiliated bank or trust company, as a fiduciary, including a trustee of a trust or fund for the primary purpose of paying employee benefits of any kind. See Maine Revised Statutes Title 18-C Sec. 7-201
  • Community: means the municipality or other area in which the client resides when applying for services. See Maine Revised Statutes Title 34-B Sec. 5461
  • Community drinking water well: means a public drinking water well that supplies a community water system as defined under Title 22, section 2660?B, subsection 2. See Maine Revised Statutes Title 38 Sec. 1392
  • Community function: means mechanisms of uptake, storage and transfer of life-sustaining materials available to a biological community which determines the efficiency of use and the amount of export of the materials from the community. See Maine Revised Statutes Title 38 Sec. 466
  • compliance account: means the account established by the department for a carbon dioxide budget unit wherein carbon dioxide emissions allowances and carbon dioxide offset allowances are held and available for compliance purposes under the carbon dioxide cap-and-trade program. See Maine Revised Statutes Title 38 Sec. 580-A
  • Composite return: means a Maine income tax return filed by a partnership or pass-through entity on behalf of some or all of its partners, beneficiaries or shareholders under rules adopted by the assessor. See Maine Revised Statutes Title 36 Sec. 5195
  • Comprehensive evaluation: means a comprehensive set of evaluations that:
  • A. See Maine Revised Statutes Title 34-B Sec. 5461
  • Comprehensive plan: means zoning or a plan of development, including any amendment thereto, prepared or adopted by the planning board. See Maine Revised Statutes Title 36 Sec. 1102
  • Conservator: means a person appointed by the court to administer the property of an adult, including a person appointed under Part 4. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Conservator: includes a coconservator. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Conservatorship estate: means the property subject to conservatorship under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Construction: means the installation of permanent equipment or structures. See Maine Revised Statutes Title 35-A Sec. 4372
  • Consumer: means an individual who purchases or accepts food or beverages for use or consumption. See Maine Revised Statutes Title 38 Sec. 1571
  • Consumer: means an individual who purchases a beverage in a beverage container for use or consumption. See Maine Revised Statutes Title 38 Sec. 3102
  • Consumer: means any person other than a milk dealer who purchases milk for fluid consumption. See Maine Revised Statutes Title 7 Sec. 2951
  • Consumer: means an individual about whom a consumer report or an investigative consumer report has been prepared by a consumer reporting agency or an office of a consumer reporting agency. See Maine Revised Statutes Title 10 Sec. 1308
  • Consumer: means any person other than a milk dealer who purchases milk for fluid consumption. See Maine Revised Statutes Title 7 Sec. 2991
  • Consumer: means an individual who rents personal property under a rental-purchase agreement used primarily for personal, family or household purposes. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Consumer: means a person or entity residing or domiciled in this State with a pending civil claim or action and represented by an attorney. See Maine Revised Statutes Title 9-A Sec. 12-102
  • Consumer: means an individual who uses, purchases, acquires, attempts to purchase or acquire or is offered or furnished goods or services, other than insurance, for personal, family or household purposes. See Maine Revised Statutes Title 10 Sec. 1391
  • Consumer: means any person who purchases a licensed commodity for consumption or use other than sale, storage or retention for the purpose of sale. See Maine Revised Statutes Title 7 Sec. 452
  • Consumer arbitration: means binding arbitration under a consumer arbitration agreement in which a party to the arbitration is a consumer. See Maine Revised Statutes Title 10 Sec. 1391
  • Consumer arbitration agreement: means a standard contract with a consumer concerning the use of, purchase of, acquisition of, attempt to purchase or acquire, offer of or furnishing of goods or services, other than insurance, for personal, family or household purposes. See Maine Revised Statutes Title 10 Sec. 1391
  • Consumer product: means any item sold for residential or commercial use, including any component parts and packaging, that is sold for:
  • A. See Maine Revised Statutes Title 38 Sec. 1691
  • Consumer reporting agency: means a person that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports or investigative consumer reports to 3rd parties. See Maine Revised Statutes Title 10 Sec. 1308
  • Consummation: means the time at which a consumer becomes contractually obligated under a rental-purchase agreement for personal property used primarily for personal, family or household purposes. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: means any corporation organized under this chapter or which becomes subject to this chapter in the manner provided. See Maine Revised Statutes Title 35-A Sec. 3703
  • Cooperative: means any corporation organized as of January 1, 1981, under chapter 37 or former Title 35, chapters 221 to 227 on a cooperative plan under the laws of the State and supplying or authorized to supply electricity. See Maine Revised Statutes Title 35-A Sec. 4103
  • cooperative: means the entity established pursuant to section 3107, subsection 3?B to manage the collection of all beverage containers subject to the requirements of this chapter under a single commingling program. See Maine Revised Statutes Title 38 Sec. 3102
  • Cooperative housing corporation: means an entity organized for the purpose of owning residential real estate in which residents own shares that entitle the shareholder to inhabit a certain space within a residential dwelling. See Maine Revised Statutes Title 36 Sec. 681
  • Cooperative property: means the real property, including mobile and manufactured homes, owned by a cooperative housing corporation for the primary purpose of residential use. See Maine Revised Statutes Title 36 Sec. 681
  • Corporate partner: means a partner that is subject to tax pursuant to chapter 817. See Maine Revised Statutes Title 36 Sec. 5195
  • Correspondent: means a person designated by the Consumer Advisory Board or its successor to act as a next friend of a person with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001
  • Corridor: means an area no greater than 1/2 mile in width in which a proposed transmission line is to be located. See Maine Revised Statutes Title 35-A Sec. 3131
  • Corrosive: means any substance which in contact with living tissue causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces. See Maine Revised Statutes Title 7 Sec. 502
  • Cost-effective: means , with respect to nonwires alternatives, that benefits exceed costs, as determined by benefit-cost analysis conducted pursuant to section 3132?C, subsection 2. See Maine Revised Statutes Title 35-A Sec. 3131
  • Council: means the Maine Dairy and Nutrition Council. See Maine Revised Statutes Title 7 Sec. 2991
  • Council: means the Maine Dairy and Nutrition Council. See Maine Revised Statutes Title 7 Sec. 2997
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Courses of study: means the courses of study for the elementary and secondary schools that are in alignment with the system of learning results as established in section 6209 and consistent with the requirements of this Title. See Maine Revised Statutes Title 20-A Sec. 1
  • Court: means any Justice of the Supreme Judicial Court or Superior Court or any active retired justice and any District Court Judge or active retired judge when assigned under Title 4, section 157?C. See Maine Revised Statutes Title 15 Sec. 1003
  • covenant: means a servitude arising under an environmental response project and documented in a recordable instrument that imposes activity and use limitations. See Maine Revised Statutes Title 38 Sec. 3002
  • Covered entity: means a household in this State, a business or nonprofit organization in this State exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3) that employs 100 or fewer individuals, an elementary school in this State or a secondary school in this State. See Maine Revised Statutes Title 38 Sec. 1771
  • Covered establishment: includes , but is not limited to:
  • A. See Maine Revised Statutes Title 38 Sec. 1571
  • Credible scientific evidence: means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or publication of an authoritative federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, Food and Drug Administration and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency. See Maine Revised Statutes Title 38 Sec. 1691
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • 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
  • Credit sale: means the sale of a dwelling or residential real estate purchased for a personal, family or household purpose in which credit is extended by the seller and either the debt is payable in installments or a finance charge is made. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Crime involving domestic violence: means :
  • A. See Maine Revised Statutes Title 15 Sec. 1003
  • Cropland: means acreage within a farm unit of land in tillage rotation, open land formerly cropped and land in bush fruits. See Maine Revised Statutes Title 36 Sec. 1102
  • Current use program: means the:
  • A. See Maine Revised Statutes Title 36 Sec. 501
  • Customer: includes any person, government or governmental division which has applied for, been accepted and is currently receiving service from a public utility. See Maine Revised Statutes Title 35-A Sec. 102
  • Dam: means any artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts water, and that:
  • A. See Maine Revised Statutes Title 37-B Sec. 1111
  • Dark fiber provider: means a person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing federally supported dark fiber that:
  • A. See Maine Revised Statutes Title 35-A Sec. 102
  • De minimis level: means :
  • A. See Maine Revised Statutes Title 38 Sec. 1691
  • Dealer: means a person who sells, offers to sell or engages in the sale of beverages in beverage containers to a consumer, including, but not limited to, an operator of a vending machine containing beverages in beverage containers. See Maine Revised Statutes Title 38 Sec. 3102
  • Dealer: means any person who purchases or receives milk for sale as the consignee or agent of a producer, or handles for sale, shipment, storage or processing within the State and shall include a producer-dealer and a sub-dealer, but shall not include a store other than an integrated operation. See Maine Revised Statutes Title 7 Sec. 2951
  • Dealer: includes a producer dealer or a store. See Maine Revised Statutes Title 7 Sec. 2991
  • Dealer: includes a producer dealer, a subdealer or a store. See Maine Revised Statutes Title 7 Sec. 2997
  • Dealer: means a person located within this State who sells goods or solicits or advertises the sale of goods to the public. See Maine Revised Statutes Title 10 Sec. 1361
  • Dealer: means any person or entity who purchases or receives milk from a producer within the State for processing and sale within or outside the State. See Maine Revised Statutes Title 7 Sec. 3152
  • Dealer: includes a person who customarily sells manufactured housing to consumers and is subject to the jurisdiction of this State under Title 14, section 704?A. See Maine Revised Statutes Title 10 Sec. 1402
  • Debt: means an obligation or alleged obligation of a consumer to surrender or return rental property or pay money arising out of a rental-purchase agreement. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Debtor: means an individual debtor. See Maine Revised Statutes Title 14 Sec. 4421
  • Decedent: A deceased person.
  • Decommissioning: means the series of activities undertaken beginning at the time of closing of a nuclear power plant to ensure that the final disposition of the site or any radioactive components or material, but not including spent fuel, associated with the plant is accomplished safely, in compliance with all applicable state and federal laws. See Maine Revised Statutes Title 35-A Sec. 4352
  • Decommissioning expenses: means the following:
  • A. See Maine Revised Statutes Title 35-A Sec. 4352
  • Decommissioning financing plan: means the plan approved by the commission under section 4353. See Maine Revised Statutes Title 35-A Sec. 4352
  • Decommissioning fund committee: means a committee established to have overall responsibility, as described in section 4354, for a decommissioning trust fund. See Maine Revised Statutes Title 35-A Sec. 4352
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Default: means the failure to perform on time any obligation or duty set forth in the rental agreement. See Maine Revised Statutes Title 10 Sec. 1372
  • Default: means the failure to pay obligations incurred by the storage of a boat, boat motor or boat trailer. See Maine Revised Statutes Title 10 Sec. 1382
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Densely developed area: means any commercial, industrial or compact residential area of 10 or more acres with a density of at least one principal structure per 2 acres. See Maine Revised Statutes Title 38 Sec. 436-A
  • Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
  • Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 3102
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
  • Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291
  • Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 502
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Dependent: includes a spouse, whether or not actually dependent. See Maine Revised Statutes Title 14 Sec. 4421
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Design consultant: means an individual engaged in preparing and supervising the implementation of plans for the removal or abatement of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291
  • Designated beneficiary: means a person designated to receive property in a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402
  • Designated nonstate mental health institution: means a nonstate mental health institution that is under contract with the department for receipt by the hospital of involuntary patients. See Maine Revised Statutes Title 34-B Sec. 3801
  • Detonating cord: means a flexible cord containing a center core of high explosives that may be used to initiate other explosives. See Maine Revised Statutes Title 38 Sec. 490-W
  • development: means any federal, state, municipal, quasi-municipal, educational, charitable, residential, commercial or industrial development that:
  • A. See Maine Revised Statutes Title 38 Sec. 482
  • Development: means the carrying out of any significant earthmoving, grading, dredging, filling, building, construction or mining operation; the deposit of refuse or solid or liquid wastes on a parcel of land other than agricultural utilization of animal wastes; the making of any material change in noise levels, thermal conditions or emissions of waste material; the commencement or change in the location of advertising; or the alteration of a shore, bank or floodplain of an estuary, river or pond. See Maine Revised Statutes Title 38 Sec. 952
  • Devise: To gift property by will.
  • Direct discharge: means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. See Maine Revised Statutes Title 38 Sec. 466
  • Direct partner: means a partner that holds an interest directly in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195
  • Direct-marketing: means the marketing of agricultural commodities by farmers directly to consumers. See Maine Revised Statutes Title 7 Sec. 411
  • Disaster relief organization: means an entity that provides emergency or disaster relief services that include health services or veterinary services provided by volunteer health practitioners as long as the entity:
  • A. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Discharge: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping onto the land or into the water or ambient air. See Maine Revised Statutes Title 38 Sec. 1401
  • Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Maine Revised Statutes Title 18-C Sec. 2-902
  • Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Maine Revised Statutes Title 18-C Sec. 2-902
  • Disclaimer: means the refusal to accept an interest in or power over property. See Maine Revised Statutes Title 18-C Sec. 2-902
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposable food service container: includes service ware for take-out foods, bakery products and leftovers from partially consumed meals prepared by covered establishments. See Maine Revised Statutes Title 38 Sec. 1571
  • Distributor: means a person who sells consumer products to retail establishments on a wholesale basis. See Maine Revised Statutes Title 38 Sec. 1691
  • Distributor: means a person who engages in the sale of beverages in beverage containers to a dealer in this State and includes a manufacturer who engages in such sales. See Maine Revised Statutes Title 38 Sec. 3102
  • Distributor: means a person who sells or distributes goods to dealers of those goods. See Maine Revised Statutes Title 10 Sec. 1361
  • District: means a specified area of land or water within the corridor, delineated on the district boundary map, within which certain regulations and requirements apply under this chapter. See Maine Revised Statutes Title 38 Sec. 952
  • district: means a district formed under this chapter to manage one or more subsurface wastewater collection, treatment and disposal systems to accommodate residential development as a means of facilitating compact growth patterns, including cluster developments. See Maine Revised Statutes Title 38 Sec. 1231
  • District: means geographical division of the production areas in this State as may be established by the commissioner pursuant to this subchapter. See Maine Revised Statutes Title 7 Sec. 423
  • 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
  • Domestic pollutants: means any material, including, without limitation, sanitary wastes, waste water from household activities or waste waters with similar chemical characteristics, which are generated at residential or commercial locations. See Maine Revised Statutes Title 38 Sec. 466
  • Domestic transmission and distribution utility: means any entity organized under the laws of this State to transmit or distribute electricity. See Maine Revised Statutes Title 35-A Sec. 3131
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Double-walled tank: means a tank with inner and outer walls separated by an interstitial space that allows detection and containment of leaks. See Maine Revised Statutes Title 38 Sec. 1392
  • Dower: A widow
  • Dredge spoils: means sand, silt, mud, gravel, rock or other sediment or material that is moved from coastal wetlands. See Maine Revised Statutes Title 38 Sec. 480-B
  • Dual-tone multifrequency signaling: means a method of signaling that facilitates the transportation of signaling through a network, shortening call set-up time. See Maine Revised Statutes Title 35-A Sec. 7201
  • Electrical generating unit: means a fossil fuel fired combustion device that serves a generator. See Maine Revised Statutes Title 38 Sec. 580-A
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 18-C Sec. 5-902
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic mail: means electronic mail sent or delivered by transmission over the Internet. See Maine Revised Statutes Title 10 Sec. 1372
  • Elementary school: means that portion of a school that provides instruction in any combination of kindergarten through grade 8. See Maine Revised Statutes Title 20-A Sec. 1
  • Eligible business equipment: includes , without limitation, repair parts, replacement parts, replacement equipment, additions, accessions and accessories to other qualified property that first became subject to assessment under this Part before April 1, 2008 if the part, addition, equipment, accession or accessory would, in the absence of this subchapter, first be subject to assessment under this Part on or after April 1, 2008. See Maine Revised Statutes Title 36 Sec. 691
  • Eligible marketing cooperative: means an association of milk producers organized to negotiate producer prices higher than the minimum producer prices established pursuant to the northeast marketing area milk marketing order and that the commissioner has determined will not, through its operation, evade, impair or undermine the purposes of this chapter. See Maine Revised Statutes Title 7 Sec. 3152
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: means an event or condition that is an actual or imminent civil emergency or disaster or an actual or threatened epidemic or public health threat that is the subject of an emergency proclamation pursuant to section 742 or an emergency declaration pursuant to Title 22, section 802. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Emergency: means breaches and all conditions leading to or causing a breach, overtopping or any other condition in a dam and its appurtenant structures that may be construed as unsafe or threatening to life and property. See Maine Revised Statutes Title 37-B Sec. 1111
  • Emergency: means a situation in which property or human or animal life is in jeopardy and the prompt summoning of aid is essential. See Maine Revised Statutes Title 35-A Sec. 7102
  • Emergency action plan: means a set of written instructions or guidelines for use by public officials that recommends actions that, when implemented, will minimize the effects of a dam failure on people and property. See Maine Revised Statutes Title 37-B Sec. 1111
  • Emergency declaration: means a declaration or proclamation of emergency issued by a person authorized to do so under the laws of this State. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Emergency Management Assistance Compact: means the interstate compact approved by the United States Congress in Public Law 104-321 (1996) and adopted by this State in chapter 16. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Emergency situation: means a situation determined by the commissioner, after consultation with other state and federal agencies if time permits, to present a potential but real and impending danger to life, limb or property because of flooding or potential and imminent flooding and includes a situation that the Governor declares to be an emergency pursuant to section 742. See Maine Revised Statutes Title 37-B Sec. 1111
  • Emission: means a release of air contaminants into ambient air or the air contaminants so released. See Maine Revised Statutes Title 38 Sec. 582
  • Emission source: means any and all sources of emissions of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582
  • Employee: means an individual who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit, to engage in any employment. See Maine Revised Statutes Title 38 Sec. 1272
  • Employee: means an individual who may be permitted, required or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any employment. See Maine Revised Statutes Title 38 Sec. 1291
  • Encryption: means the disguising of data using generally accepted practices. See Maine Revised Statutes Title 10 Sec. 1347
  • ensure the integrity of the judicial process: when used in the context of the granting or denial of bail, means safeguarding the role of the courts in adjudicating the guilt or innocence of defendants by ensuring the presence of the defendant in court and otherwise preventing the defendant from obstructing or attempting to obstruct justice by threatening, injuring or intimidating a victim, prospective witness, juror, attorney for the State, judge, justice or other officer of the court. See Maine Revised Statutes Title 15 Sec. 1003
  • 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.
  • Entity: means a person other than an individual. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Environmental management system: means a part of an overall management system of a facility and includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of the facility through documented systematic procedures. See Maine Revised Statutes Title 38 Sec. 2322
  • Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:
  • A. See Maine Revised Statutes Title 38 Sec. 3002
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow account: means an account established under commission rules to hold funds collected under an interim decommissioning financing plan promulgated under section 4353, subsection 5, until a decommissioning trust fund is established or to hold funds for other temporary purposes under this subchapter. See Maine Revised Statutes Title 35-A Sec. 4352
  • Estates: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
  • Estuarine and marine life: means any plants or animals which live at least part of their life cycle in salt water. See Maine Revised Statutes Title 38 Sec. 466
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. See Maine Revised Statutes Title 38 Sec. 490-A
  • Excess valuation factor: includes , but is not limited to, aesthetic factors, recreational water-use factors, residential housing factors and nonresidential development factors unrelated to working waterfront uses. See Maine Revised Statutes Title 36 Sec. 1132
  • Exchange facilitator: means a person that does any of the following:
  • A. See Maine Revised Statutes Title 10 Sec. 1395
  • 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
  • Exempt business equipment: means eligible business equipment that is exempt under this subchapter. See Maine Revised Statutes Title 36 Sec. 691
  • Exempt partner: means a partner that is subject to the tax imposed by chapter 819 or exempt from the taxes imposed by chapters 803, 809 and 817, except to the extent of unrelated business taxable income. See Maine Revised Statutes Title 36 Sec. 5195
  • Explosive: means any chemical compound or other chemical substance that contains oxidizing or combustible materials used for the purpose of producing an explosion intended to break or move rock, earth or other materials. See Maine Revised Statutes Title 38 Sec. 490-W
  • External floating roof: means a storage vessel cover in an open-top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. See Maine Revised Statutes Title 38 Sec. 582
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • facility: means an entity:
  • A. See Maine Revised Statutes Title 38 Sec. 2322
  • Facility: means a marina, boatyard or marine repair facility that provides, as part of its commercial operation, the storage of boats, boat motors or boat trailers. See Maine Revised Statutes Title 10 Sec. 1382
  • Failure to appear: includes a failure to appear at the time or place required by a release order and the failure to surrender into custody at the time and place required by a release order or by the Maine Rules of Unified Criminal Procedure, Rule 32(a) and Rule 38(d). See Maine Revised Statutes Title 15 Sec. 1003
  • 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
  • Family: means those persons that the person defines as included in that person's family, including as appropriate unpaid individuals with whom the person resides. See Maine Revised Statutes Title 34-B Sec. 5001
  • Farm woodland: means the combined acreage within a farm unit of forested land. See Maine Revised Statutes Title 36 Sec. 1102
  • Farmland: means any tract or tracts of land, including woodland and wasteland, of at least 5 contiguous acres on which farming or agricultural activities have contributed to a gross annual farming income of at least $2,000 per year from the sales value of agricultural products as defined in Title 7, section 152, subsection 2 in one of the 2, or 3 of the 5, calendar years preceding the date of application for classification. See Maine Revised Statutes Title 36 Sec. 1102
  • Federal adjustment: means an adjustment to an item or amount determined under the Code that affects the computation of a taxpayer's Maine tax liability resulting from a partnership-level audit or other action by the IRS or an amended federal return, refund claim or administrative adjustment request filed by a taxpayer. See Maine Revised Statutes Title 36 Sec. 5195
  • Federal adjustments report: means a method or form required by the assessor for use by a taxpayer to report final federal adjustments, including an amended tax return and an information return. See Maine Revised Statutes Title 36 Sec. 5195
  • Federal banking or lending agency: means the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Board of Governors of the Federal Reserve System, a federal reserve bank, a federal home loan bank, the United States Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, the Farm Credit Administration, the Farm Credit System Insurance Corporation, the Small Business Administration, the Farmers' Home Administration, the Rural Electrification Administration or the RECOLL Management Corporation. See Maine Revised Statutes Title 38 Sec. 1362
  • Federal Fair Credit Reporting Act: means the Fair Credit Reporting Act, 15 United States Code § 1681 et seq. See Maine Revised Statutes Title 10 Sec. 1308
  • Federal interconnection rights and obligations: means the rights and obligations of a telecommunications entity under 47 United States Code §§ 251 and 252 or any other provision of federal law or regulation governing telecommunications network facility interconnection or wholesale access rights and obligations to the extent the rights and obligations under the federal law or regulation may be regulated or overseen by the commission. See Maine Revised Statutes Title 35-A Sec. 102
  • Federal partnership representative: means the person designated by a partnership or appointed by the IRS to act on behalf of a partnership pursuant to the Code, Section 6223(a) for the reviewed year. See Maine Revised Statutes Title 36 Sec. 5195
  • 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
  • Fee: means compensation of any nature, direct or indirect, monetary or in-kind, that is received by a person or related person as defined in the United States Internal Revenue Code, Section 267(b) or 707(b) for any services relating to or incidental to the exchange of like-kind property. See Maine Revised Statutes Title 10 Sec. 1395
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person. See Maine Revised Statutes Title 18-C Sec. 2-902
  • Fiduciary: includes a trustee, executor, administrator, guardian and custodian under a uniform transfers to minors act. See Maine Revised Statutes Title 18-C Sec. 7-201
  • Fiduciary: includes an executor, administrator, successor personal representative, special administrator and a person performing substantially the same function. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Fiduciary: means a person who is:
  • A. See Maine Revised Statutes Title 38 Sec. 1362
  • Final federal adjustment: means a federal adjustment for which the final determination date has passed. See Maine Revised Statutes Title 36 Sec. 5195
  • 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
  • Financial institution: means an organization authorized to do business under state or federal laws relating to financial institutions and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association and credit union. See Maine Revised Statutes Title 18-C Sec. 6-201
  • Financial institution: means a bank, credit union, savings and loan association, savings bank or trust company or other similar depository or nondepository financial institution including an institution whose accounts are insured by the full faith and credit of the United States, the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or other similar or successor programs as well as an affiliate or subsidiary of such institution. See Maine Revised Statutes Title 10 Sec. 1395
  • Financial institution: means a bank, credit union, savings and loan association, savings bank, trust company or other similar depository or nondepository financial institution, including an institution whose accounts are insured by the full faith and credit of the United States, the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or other similar or successor programs as well as an affiliate or subsidiary of such financial institution. See Maine Revised Statutes Title 10 Sec. 1400-A
  • Financial interest: means holding a position in a business as an officer, director, trustee, member or partner or any position in management or ownership of more than 5% interest in the business. See Maine Revised Statutes Title 10 Sec. 1391
  • 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.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Flammable: means any substance which has a flashpoint of above 20 degrees to and including 80 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester, except that the flammability of solids and of the contents of self-pressurized containers is determined by methods generally applicable to such containers and established by regulations issued by the commissioner and "extremely flammable" means any substance which has a flashpoint at or below 20 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester. See Maine Revised Statutes Title 7 Sec. 502
  • Floodplain wetland: means lands adjacent to a river, stream or brook that are inundated with floodwater during a 100-year flood event and that under normal circumstances support a prevalence of wetland vegetation typically adapted for life in saturated soils. See Maine Revised Statutes Title 38 Sec. 480-B
  • Floodway: means the channel of a river or other water course and the adjacent land areas that must be reserved to allow for the discharge of a 100-year flood without cumulatively increasing the water surface elevation of the 100-year flood by more than one foot. See Maine Revised Statutes Title 38 Sec. 436-A
  • Flyrock: means rock that is propelled through the air or across the ground as a result of blasting and that leaves the blast area. See Maine Revised Statutes Title 38 Sec. 490-W
  • Footprint: means the outline of a structure on the ground, except that for a building "footprint" means the outline that would be created on the ground by extending the exterior walls of a building to the ground surface. See Maine Revised Statutes Title 38 Sec. 480-B
  • Footprint: means the entire area of ground covered by the structures on a premises, including cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks. See Maine Revised Statutes Title 38 Sec. 436-A
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Foreign electric utility: means any entity organized under the laws of a state other than this State, or a province of Canada, that is authorized under the laws of the state or province in which it is organized to generate, transmit or distribute electricity, or to own, operate or otherwise participate in utility facilities or interests in utility facilities. See Maine Revised Statutes Title 35-A Sec. 3131
  • Forest land: means land used primarily for growth of trees to be harvested for commercial use, but does not include ledge, marsh, open swamp, bog, water and similar areas, which are unsuitable for growing a forest product or for harvesting for commercial use even though these areas may exist within forest lands. See Maine Revised Statutes Title 36 Sec. 573
  • Forest management activities: means timber stand improvement, timber harvesting activities, forest products harvesting and regeneration of forest stands. See Maine Revised Statutes Title 38 Sec. 480-B
  • Forest management and harvest plan: means a written document that outlines activities to regenerate, improve and harvest a standing crop of timber. See Maine Revised Statutes Title 36 Sec. 573
  • Forest management and harvest plan: means a written document that outlines activities to regenerate, improve and harvest a standing crop of timber. See Maine Revised Statutes Title 36 Sec. 1102
  • Forest products that have commercial value: means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material or cones or other seed products. See Maine Revised Statutes Title 36 Sec. 573
  • Forest type: means a stand of trees characterized by the predominance of one or more groups of key species which make up 75% or more of the sawlog volume of sawlog stands, or cordwood in poletimber stands, or of the number of trees in seedling and sapling stands. See Maine Revised Statutes Title 36 Sec. 573
  • Forested land: means land that is used in the growth of trees but does not include ledge, marsh, open swamp, bog, water and similar areas that are unsuitable for growing trees. See Maine Revised Statutes Title 36 Sec. 1102
  • Forested wetland: means a freshwater wetland dominated by woody vegetation that is 6 meters tall, or taller. See Maine Revised Statutes Title 38 Sec. 480-B
  • Forested wetland: means a freshwater wetland dominated by woody vegetation that is 6 meters tall or taller. See Maine Revised Statutes Title 38 Sec. 436-A
  • 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
  • Fossil fuel: means natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such a material. See Maine Revised Statutes Title 38 Sec. 580-A
  • Fossil fuel fired unit: means :
  • A. See Maine Revised Statutes Title 38 Sec. 580-A
  • Fragile mountain areas: means areas above 2,700 feet in elevation from mean sea level. See Maine Revised Statutes Title 38 Sec. 480-B
  • Franchise: means an oral or written arrangement for a definite or indefinite period pursuant to which a manufacturer grants to a dealer or distributor of goods a license to use a trade name, trademark, service mark or related characteristic and in which there is a community of interest in the marketing of goods and related services at wholesale, retail, by leasing or otherwise. See Maine Revised Statutes Title 10 Sec. 1361
  • Franchisee: means a person, dealer or distributor of goods located within this State to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1361
  • Franchisor: means a manufacturer who grants a franchise to a distributor or dealer of goods. See Maine Revised Statutes Title 10 Sec. 1361
  • Freshwater wetlands: means freshwater swamps, marshes, bogs and similar areas that are:
  • A. See Maine Revised Statutes Title 38 Sec. 480-B
  • Freshwater wetlands: means freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:
  • A. See Maine Revised Statutes Title 38 Sec. 436-A
  • Friable: means materials that, when dry, have the potential to readily release asbestos fibers when crumbled, pulverized, handled, deteriorated or subjected to mechanical, physical or chemical processes. See Maine Revised Statutes Title 38 Sec. 1272
  • Fuel-burning equipment: means any furnace, boiler or apparatus,and all appurtenances thereto, used in the process of burning fuel including stationary internal combustion engines. See Maine Revised Statutes Title 38 Sec. 582
  • Fugitive emissions: means emissions of air contaminants which do not pass through a stack, flue, chimney or vent. See Maine Revised Statutes Title 38 Sec. 582
  • Full conservatorship: means a conservatorship that grants the conservator all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Full guardianship: means a guardianship that grants the guardian all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Functionally water-dependent uses: means those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that can not be located away from these waters. See Maine Revised Statutes Title 38 Sec. 436-A
  • fund: means a trust fund set up as prescribed in sections 4353 and 4355 to hold money for the eventual purpose of paying decommissioning expenses. See Maine Revised Statutes Title 35-A Sec. 4352
  • 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
  • Gasoline dispensing facility: means any gasoline service station, bulk terminal or bulk plant or any other facility or organization, governmental or private, that stores gasoline in tanks having a capacity of greater than 250 gallons, and dispenses fuel for motor vehicle use. See Maine Revised Statutes Title 38 Sec. 582
  • general account: means the account established by the department upon the request of an entity wherein the entity may hold carbon dioxide allowances and carbon dioxide offset allowances. See Maine Revised Statutes Title 38 Sec. 580-A
  • General process source: means any emission source, except fuel-burning equipment, incinerators, mobile sources, open burning sources and sources of fugitive emissions. See Maine Revised Statutes Title 38 Sec. 582
  • Generator: means a device that produces electricity and is required to be reported as a generating unit pursuant to the United States Department of Energy Form 860. See Maine Revised Statutes Title 38 Sec. 580-A
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade as defined and interpreted in the Uniform Commercial Code, Title 11, section 1?1201, subsection (20). See Maine Revised Statutes Title 10 Sec. 1361
  • Good faith: means honesty in fact. See Maine Revised Statutes Title 18-C Sec. 5-902
  • Goods: means residential, recreational, agricultural, farm, commercial or business equipment, machinery or appliances that use electricity, gas, wood, a petroleum product or a derivative of a petroleum product for operation. See Maine Revised Statutes Title 10 Sec. 1361
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grade: means one of the officially established grades for an agricultural commodity as defined by the commissioner. See Maine Revised Statutes Title 7 Sec. 423
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72
  • Great pond: means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. See Maine Revised Statutes Title 38 Sec. 436-A
  • Great ponds: means any inland bodies of water which in a natural state have a surface area in excess of 10 acres and any inland bodies of water artificially formed or increased which have a surface area in excess of 30 acres. See Maine Revised Statutes Title 38 Sec. 480-B
  • Greenhouse gas: includes , but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. See Maine Revised Statutes Title 38 Sec. 574
  • Gross annual greenhouse gas emissions: means the total amount of greenhouse gases emitted by all sources within the State each year. See Maine Revised Statutes Title 38 Sec. 574
  • Gross electrical generation: means the electrical output in megawatts at the terminals of the generator. See Maine Revised Statutes Title 38 Sec. 580-A
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Part 3. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Guardian: means a judicially appointed guardian or conservator having authority to make a health care decision for an individual. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Guardian: includes a coguardian but does not include a guardian ad litem. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Guardian ad litem: means a person appointed to inform the court about, and to represent, the needs and best interest of an individual. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Guardianship proceeding: means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Habilitation: means a process by which a person is assisted to acquire and maintain skills that:
  • A. See Maine Revised Statutes Title 34-B Sec. 5461
  • Handler: means any person, except a common carrier, exempt carrier or contract carrier of agricultural commodities, who is engaged in packing, grading, selling, offering for sale or marketing any agricultural commodities, who as owner, agent or otherwise ships or causes to be shipped an agricultural commodity. See Maine Revised Statutes Title 7 Sec. 423
  • Hard cider: means a beverage produced by fermentation of the juice of fruit, including, but not limited to, flavored, sparkling or carbonated cider that contains not less than 1/2 of 1% alcohol by volume and not more than 8. See Maine Revised Statutes Title 38 Sec. 3102
  • Hardwood type: means forests in which maple, beech, birch, oak, elm, basswood, poplar and ash, singly or in combination, comprise 75% or more of the stocking. See Maine Revised Statutes Title 36 Sec. 573
  • harvesting for commercial use: means the harvesting of forest products that have commercial value, as defined in subsection 3?B. See Maine Revised Statutes Title 36 Sec. 573
  • Hazard potential: means the possible adverse incremental consequences that result from the release of water or stored contents due to failure of the dam or misoperation of the dam or appurtenances. See Maine Revised Statutes Title 37-B Sec. 1111
  • Hazardous air pollutant: means an air pollutant to which no ambient air standard is applicable and which in the judgment of the board causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. See Maine Revised Statutes Title 38 Sec. 582
  • Hazardous material: includes :
  • A. See Maine Revised Statutes Title 38 Sec. 1401
  • Hazardous substance: means :
  • A. See Maine Revised Statutes Title 38 Sec. 1362
  • Hazardous substance: means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, or which generates pressure through decomposition, heat or other means and which may cause substantial personal injury or illness during any customary or reasonable anticipated handling or use including reasonably foreseeable ingestion by children and also means any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the commissioner determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this subchapter in order to protect the public health. See Maine Revised Statutes Title 7 Sec. 502
  • Hazardous waste: means any substance identified as hazardous waste by the board pursuant to section 1319?O. See Maine Revised Statutes Title 38 Sec. 1392
  • Head of tide: means the inland or upstream limit of water affected by the tide. See Maine Revised Statutes Title 36 Sec. 1132
  • Health care: means any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Health care decision: means a decision made by an individual with capacity or by the individual's agent, guardian or surrogate regarding the individual's health care, including:
  • A. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Health care institution: means an institution, facility or agency licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Health care provider: means an individual licensed, certified or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Health facility: means an entity licensed under the laws of this State or another state to provide health services or veterinary services. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Health practitioner: means an individual licensed under the laws of this State or another state to provide health services or veterinary services. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Health services: means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
  • A. See Maine Revised Statutes Title 38 Sec. 436-A
  • High hazard potential dam: means a dam assigned the high hazard potential classification where failure or misoperation will probably cause loss of human life; [PL 2001, c. See Maine Revised Statutes Title 37-B Sec. 1111
  • High-impact electric transmission line: means a transmission line greater than 50 miles in length that is:
  • A. See Maine Revised Statutes Title 35-A Sec. 3131
  • High-level radioactive waste: means the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from that liquid waste that contains fission products in sufficient concentrations; and other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule to require permanent isolations. See Maine Revised Statutes Title 35-A Sec. 4372
  • High-value agricultural land: means land that has a high value for agricultural use, as determined in accordance with rules adopted by the Department of Agriculture, Conservation and Forestry, in consultation with the department and the Governor's Energy Office. See Maine Revised Statutes Title 38 Sec. 3201
  • Highly toxic: means any substance which produces death within 14 days in at least half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when a single dose of 50 milligrams or less per kilogram of body weight, is orally administered or when inhaled continuously for a period of one hour or less at an atmospheric concentration of 200 parts per million by volume or less of gas, vapor, mist or dust, or which produces death within 14 days in at least half of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less. See Maine Revised Statutes Title 7 Sec. 502
  • Highway: includes any private or public street, way or other place used for travel to or from property. See Maine Revised Statutes Title 37-B Sec. 1004
  • Highway commissioners: means an individual, board or other body having authority under law to discontinue the use of the highway which it is desired to restrict or close to public use and travel. See Maine Revised Statutes Title 37-B Sec. 1004
  • Holder: means the grantee of an environmental covenant as specified in section 3003, subsection 1. See Maine Revised Statutes Title 38 Sec. 3002
  • Home occupation or enterprise: means an occupation, enterprise or profession which is carried on in a dwelling unit or accessory structure by a person residing in the dwelling unit, incidental and secondary to the use of the dwelling unit for residential purposes, which conforms to the following performance standards:
  • A. See Maine Revised Statutes Title 38 Sec. 952
  • Homestead: means any residential property, including cooperative property, in this State assessed as real property owned by an applicant or held in a revocable living trust for the benefit of the applicant and occupied by the applicant as the applicant's permanent residence or owned by a cooperative housing corporation and occupied as a permanent residence by a resident who is a qualifying shareholder. See Maine Revised Statutes Title 36 Sec. 681
  • Horticultural land: means land which is engaged in the production of vegetables, tree fruits, small fruits, flowers and woody or herbaceous plants. See Maine Revised Statutes Title 36 Sec. 1102
  • Host entity: means an entity operating in this State that uses volunteer health practitioners to respond to an emergency. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Household use: means any use, or intended use of an article in or about the living area or living quarters of a house, apartment house or other place of abode. See Maine Revised Statutes Title 7 Sec. 502
  • Immediate family member: includes stepparents, stepchildren, stepsiblings and adoptive relationships. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Impervious area: means an area that is a building, parking lot, roadway or similar constructed area. See Maine Revised Statutes Title 38 Sec. 480-B
  • in the State: means within the exterior limits of the State and includes all territory within these limits owned by or ceded to the United States of America. See Maine Revised Statutes Title 38 Sec. 3102
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • In-house asbestos abatement unit: means the unit of a business or public entity that engages in, or intends to engage in, asbestos abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more asbestos abatement supervisors for asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
  • In-house lead abatement unit: means the unit of a business or public entity that engages in or intends to engage in lead abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more lead abatement supervisors for lead abatement activities. See Maine Revised Statutes Title 38 Sec. 1291
  • Inability to make an informed decision: means being unable to make a responsible decision whether to accept or refuse a recommended treatment as a result of lack of mental capacity to understand sufficiently the benefits and risks of the treatment after a thorough and informative explanation has been given by a qualified mental health professional. See Maine Revised Statutes Title 34-B Sec. 3801
  • Incapacity: means inability of an individual to effectively manage property or business affairs because the individual:
  • A. See Maine Revised Statutes Title 18-C Sec. 5-902
  • Incinerator: means any device, apparatus or equipment used for destroying, reducing or salvaging by fire any material or substance, but does not include any device, apparatus or equipment used to burn material-separated, refuse-derived fuel. See Maine Revised Statutes Title 38 Sec. 582
  • Income: includes a portion of receipts from a sale, exchange or liquidation of a principal asset, to the extent provided in subpart 4. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Income beneficiary: means a person to whom net income of a trust is or may be payable. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Income interest: means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that on February 8, 1996 provided telephone exchange service in the area and:
  • A. See Maine Revised Statutes Title 35-A Sec. 102
  • 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.
  • Indigenous: means supported in a reach of water or known to have been supported according to historical records compiled by State and Federal agencies or published scientific literature. See Maine Revised Statutes Title 38 Sec. 466
  • Indirect partner: means a partner in a partnership or pass-through entity that itself holds an interest directly, or through another indirect partner, in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195
  • Individual: means a natural person. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Individual instruction: means a direction from an individual with capacity concerning a health care decision for the individual. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Individual subject to conservatorship: means an adult or minor for whom a conservator has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Individual subject to guardianship: means an adult for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Individual subject to guardianship: means an adult or minor for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Individual support coordinator: means a regional staff member of the department with the responsibility for coordinating the personal planning and professional services for a person eligible for adult developmental services under this Title. See Maine Revised Statutes Title 34-B Sec. 5001
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Information broker: means a person who, for monetary fees or dues, engages in whole or in part in the business of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring or communicating information concerning individuals for the primary purpose of furnishing personal information to nonaffiliated 3rd parties. See Maine Revised Statutes Title 10 Sec. 1347
  • Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72
  • initiator: means a manufacturer, distributor or other person who initiates a deposit on a beverage container under section 3103. See Maine Revised Statutes Title 38 Sec. 3102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installer: means any person, including but not limited to a dealer or mechanic, who installs or sets up manufactured housing for a buyer. See Maine Revised Statutes Title 10 Sec. 1402
  • Integrated manufacturing facility: means a facility that:
  • A. See Maine Revised Statutes Title 38 Sec. 580-A
  • Integrated operation: means a person who is a dealer and who also sells at retail the milk that the person handles for sale, shipment, storage or processing within the State. See Maine Revised Statutes Title 7 Sec. 2951
  • Intellectual disability: means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period. See Maine Revised Statutes Title 34-B Sec. 5001
  • Intentionally added chemical: means a chemical that was added during the manufacture of a product or product component to provide a specific characteristic, appearance or quality or to perform a specific function. See Maine Revised Statutes Title 38 Sec. 1691
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interexchange carrier: means any person, association, corporation or other entity that provides intrastate interexchange telecommunications services, including a local exchange carrier that provides interexchange service. See Maine Revised Statutes Title 35-A Sec. 102
  • Interim controls: means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards and the establishment and operation of management and resident education programs. See Maine Revised Statutes Title 38 Sec. 1291
  • Internal floating roof: means a cover or roof in a fixed-roof tank which rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. See Maine Revised Statutes Title 38 Sec. 582
  • International Emergency Management Assistance Compact: means the mutual assistance compact described in chapter 16-A. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intertidal zone: means all land affected by the tides between the mean high-water mark and the mean low-water mark. See Maine Revised Statutes Title 36 Sec. 1132
  • Intestate: Dying without leaving a will.
  • Invasive aquatic plant: means a species of aquatic plant described in section 410?N. See Maine Revised Statutes Title 38 Sec. 1861
  • Invasive species: means an invasive animal as determined by the Department of Inland Fisheries and Wildlife or an invasive aquatic plant as listed under section 410?N or as determined by the department. See Maine Revised Statutes Title 38 Sec. 466
  • Inventory parts: includes repair parts, replacement parts, replacement equipment, additions, accessions and accessories on hand but not in service and stocks or inventories of repair parts, replacement parts, replacement equipment, additions, accessions and accessories on hand but not in service and other machinery and equipment on hand for future use but not in service if acquired after April 1, 2007, regardless of when placed in service. See Maine Revised Statutes Title 36 Sec. 691
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Irritant: means any substance, not corrosive, which on immediate, prolonged or repeated contact with normal living tissue will induce inflammatory reaction. See Maine Revised Statutes Title 7 Sec. 502
  • IRS: means the United States Internal Revenue Service. See Maine Revised Statutes Title 36 Sec. 5195
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint owner: includes a joint tenant. See Maine Revised Statutes Title 18-C Sec. 6-402
  • 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.
  • Jointly held property: means property held in the name of 2 or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. See Maine Revised Statutes Title 18-C Sec. 2-902
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Junkyard: means a yard, field or other parcel of land used as a place for storage for:
  • A. See Maine Revised Statutes Title 38 Sec. 952
  • Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1
  • Label: means a display of written, printed or graphic matter upon or attached to the immediate package or container of any substance; and a requirement made by or under authority of this subchapter that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper, and on all accompanying literature where there are directions for use, written or otherwise. See Maine Revised Statutes Title 7 Sec. 502
  • Last known address: means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. See Maine Revised Statutes Title 10 Sec. 1372
  • Late fee: means any fee or charge assessed for an occupant's failure to pay rent when due. See Maine Revised Statutes Title 10 Sec. 1372
  • Lead abatement contractor: means a business entity that engages in or intends to engage in lead abatement activities as a business service and that employs or involves one or more project supervisors for lead abatement activities. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead abatement professional: means an individual certified by the commissioner to engage in lead-based paint activities, including, but not limited to, a lead abatement worker, a lead abatement project supervisor, a lead inspector, a lead abatement design consultant and a lead risk assessor. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead abatement worker: means an individual engaging in any lead abatement activity for any employer. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead determination: means an inspection of a limited portion of a building for the purpose of identifying the presence of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead hazard: means any condition that may cause exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated water or lead-based paint that is in poor condition. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead inspection: means a surface-by-surface assessment to determine the presence of lead-based paint. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead inspector: means an individual who conducts lead inspections and lead determinations. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of 1. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead-based paint activities: means inspection, risk assessment, lead abatement design, lead abatement and services related to lead-based paint such as lead screening, lead determination and deleading. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead-poisoned: means having a confirmed elevated level of blood lead that is injurious, as defined in rules adopted by the Department of Health and Human Services. See Maine Revised Statutes Title 38 Sec. 1291
  • 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
  • Leased space: means the individual storage space at the self-service facility which is rented to an occupant under a rental agreement. See Maine Revised Statutes Title 10 Sec. 1372
  • Least restrictive form of transportation: means the vehicle used for transportation and any restraining devices that may be used during transportation that impose the least amount of restriction, taking into consideration the stigmatizing impact upon the individual being transported. See Maine Revised Statutes Title 34-B Sec. 3801
  • Legal funding: means a transaction in which a company makes a cash payment to a consumer in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award or verdict the consumer may receive in a civil claim or action. See Maine Revised Statutes Title 9-A Sec. 12-102
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lender: means any person, as defined by Title 9?B, section 131, subsection 30, including a successor or assignee of that person, that makes a bona fide extension of credit to or takes or acquires a security interest from a nonaffiliated person; a financial institution or credit union authorized to do business in this State, as defined in Title 9?B, section 131, subsections 12?A and 17?A; a financial institution that is acting through a service corporation as defined in Title 9?B, section 131, subsection 37; or any federal or state banking or lending agency that provides loans, guarantees or other financial assistance. See Maine Revised Statutes Title 38 Sec. 1362
  • Less restrictive alternative: includes supported decision making, appropriate technological assistance, appointment of an agent by the individual, including appointment under a power of attorney for health care or power of attorney for finances, or appointment of a representative payee. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Letters of office: means judicial certification of guardianship or conservatorship. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: includes authorization under the laws of this State to an individual to provide health services or veterinary services based upon a national certification issued by a public or private entity. See Maine Revised Statutes Title 37-B Sec. 949-A
  • License: means a document issued by the commissioner to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos abatement activities including, but not limited to, asbestos abatement contractor, in-house asbestos abatement unit, asbestos consultant, asbestos analytical laboratory and training provider. See Maine Revised Statutes Title 38 Sec. 1272
  • License: means a document issued by the commissioner to a business entity or public entity, including, but not limited to, a lead abatement contractor, an in-house lead abatement unit or a lead training provider, affirming that the entity has met the requirements set forth in this chapter to engage in lead-based paint activities. See Maine Revised Statutes Title 38 Sec. 1291
  • Licensed child-placing agency: means an agency, person, group of persons, organization, association or society licensed to operate in this State pursuant to Title 22, chapter 1671. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Licensed clinical psychologist: means a person licensed under the laws of the State as a psychologist and who practices clinical psychology. See Maine Revised Statutes Title 34-B Sec. 3801
  • Licensed physician: means a person licensed under the laws of the State to practice medicine or osteopathy or a medical officer of the Federal Government while in this State in the performance of official duties. See Maine Revised Statutes Title 34-B Sec. 3801
  • Licensee: means the holder of the operating permit from the United States Nuclear Regulatory Commission for a nuclear power plant. See Maine Revised Statutes Title 35-A Sec. 4352
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lienholder of record: means a person who claims an interest in or lien on the property pursuant to a financing statement filed with the Secretary of State or other public filing. See Maine Revised Statutes Title 10 Sec. 1382
  • Life-sustaining treatment: means any medical procedure or intervention that, when administered to a person without capacity and in either a terminal condition or a persistent vegetative state, will serve only to prolong the process of dying. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Likelihood of serious harm: means :
  • A. See Maine Revised Statutes Title 34-B Sec. 3801
  • Limited conservatorship: means a conservatorship that grants the conservator less than all powers available under this Act, grants powers over only certain property or otherwise restricts the powers of the conservator. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Limited guardianship: means a guardianship that grants the guardian less than all powers available under this Act or otherwise restricts the powers of the guardian. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Litigation funding provider: means a person or entity, wherever located, that provides legal funding to a consumer. See Maine Revised Statutes Title 9-A Sec. 12-102
  • Loan processor or underwriter: means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing under the provisions of this Title. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Local administration: means administration by a personal representative appointed in this State pursuant to appointment proceedings described in Article 3. See Maine Revised Statutes Title 18-C Sec. 4-101
  • Local personal representative: includes any personal representative appointed in this State pursuant to appointment proceedings described in Article 3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 4-205. See Maine Revised Statutes Title 18-C Sec. 4-101
  • Local usage: means an amount of minutes of use of exchange service within a certain area, prescribed by the commission, provided for a flat rate to end users. See Maine Revised Statutes Title 35-A Sec. 7201
  • Location information: means a consumer's place of residence and the consumer's telephone numbers at that location and at the consumer's place of employment. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Long-term electricity contract: means a contract for a period of 3 years or more with a carbon dioxide budget unit for the purchase of electricity. See Maine Revised Statutes Title 38 Sec. 580-A
  • Long-term mentally ill: means persons who suffer certain mental or emotional disorders, such as organic brain syndrome, schizophrenia, recurrent depressive and manic-depressive disorders, paranoid and other psychoses, plus other disorders which may become chronic, that erode or prevent the capacities in relation to 3 or more of the primary aspects of daily life, such as personal hygiene and self-care, self-direction, interpersonal relationships, social transactions, learning, recreation and economic self-sufficiency. See Maine Revised Statutes Title 34-B Sec. 3601
  • Lowest achievable emission rate: means the more stringent rate of emissions based on the following:
  • A. See Maine Revised Statutes Title 38 Sec. 582
  • Maine market dealer: means any dealer as defined in subsection 4 who sells milk subject to the price control authority of the Maine Milk Commission. See Maine Revised Statutes Title 7 Sec. 3152
  • Maine market producer: means any Maine milk producer selling to a dealer marketing milk on the Maine market, or any agricultural cooperative that buys milk or handles milk for such a producer and sells it to such a dealer. See Maine Revised Statutes Title 7 Sec. 3152
  • Maine Milk Pool: means the sum of collections as prescribed in section 3153, from Maine market producers. See Maine Revised Statutes Title 7 Sec. 3152
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Mandatory income interest: means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Maine Revised Statutes Title 18-C Sec. 7-402
  • manufacturer: includes the importer or first domestic distributor of the consumer product if the person who manufactured or assembled the consumer product or whose brand name is affixed to the consumer product does not have a presence in the United States. See Maine Revised Statutes Title 38 Sec. 1691
  • Manufacturer: means a person that:
  • A. See Maine Revised Statutes Title 38 Sec. 3102
  • Manufacturer: means a person, partnership, firm, association, corporation or trust, resident or nonresident, who manufactures, assembles or imports goods for distribution through distributors or a partnership, firm, association, joint venture, corporation or trust, resident or nonresident, that is controlled by such an entity. See Maine Revised Statutes Title 10 Sec. 1361
  • Marine organism: means an animal or plant that inhabits intertidal zones or waters below head of tide. See Maine Revised Statutes Title 36 Sec. 1132
  • 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.
  • Maritime activities: means the construction, repair, storage, loading and unloading of boats, chandlery and other commercial activities designed and intended to facilitate maritime trade. See Maine Revised Statutes Title 38 Sec. 436-A
  • Market: means any city, town or parts thereof of the State, or 2 or more of the same or parts thereof designated by the commission as a natural marketing area. See Maine Revised Statutes Title 7 Sec. 2951
  • Market agreement: means an agreement with the commissioner entered into pursuant to this subchapter. See Maine Revised Statutes Title 7 Sec. 423
  • Market order: means an order issued by the commissioner pursuant to this subchapter, prescribing rules governing the marketing, distribution, sale or handling, in any manner of any agricultural commodity during any specified period. See Maine Revised Statutes Title 7 Sec. 423
  • Marsh: means a periodically wet or continually flooded land area exceeding 1,000 square feet with the surface not deeply submerged, covered dominantly with sedges, cattails, rushes or other hydrophytic plants. See Maine Revised Statutes Title 38 Sec. 952
  • Matting: means a covering placed over load holes and adjacent areas in order to minimize generation of flyrock and limit airblast effects. See Maine Revised Statutes Title 38 Sec. 490-W
  • Mean high waterline: means the average high tide level. See Maine Revised Statutes Title 38 Sec. 952
  • Medium borrow pit: means a borrow pit that has a total reclaimed and unreclaimed area from 5 to 30 acres and that has:
  • A. See Maine Revised Statutes Title 38 Sec. 490-A
  • Membership: means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. See Maine Revised Statutes Title 20-A Sec. 15001
  • memorandum: means the Regional Greenhouse Gas Initiative Memorandum of Understanding dated December 20, 2005 that establishes an electric power sector carbon emissions cap-and-trade program within the northeast region of the United States. See Maine Revised Statutes Title 38 Sec. 580-A
  • Memorandum of Understanding: means the Memorandum of Understanding Between the State of Maine of the United States and the Province of New Brunswick of Canada Regarding the St. See Maine Revised Statutes Title 38 Sec. 992
  • Mental health services: means out-patient counseling, other psychological, psychiatric, diagnostic or therapeutic services and other allied services. See Maine Revised Statutes Title 34-B Sec. 3601
  • Mentally ill person: includes persons suffering effects from the use of drugs, narcotics, hallucinogens or intoxicants, including alcohol. See Maine Revised Statutes Title 34-B Sec. 3801
  • Merchant: means a person who regularly provides the use of property through rental-purchase agreements and to whom rental payments are initially payable on the face of the rental-purchase agreement. See Maine Revised Statutes Title 9-A Sec. 11-105
  • merchant cost: means the bona fide actual cost, including freight charges, of the rental property paid by the merchant to a wholesaler, distributor, manufacturer or other provider, net of volume rebates, discounts or other incentives received by the merchant at the time the merchant purchased the item. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Military forces: means the state military forces, as defined in section 102. See Maine Revised Statutes Title 37-B Sec. 101-A
  • Milk: means any of the following, regardless of the presence of any flavoring:
  • A. See Maine Revised Statutes Title 7 Sec. 2951
  • Milk: means cows' milk and includes cream. See Maine Revised Statutes Title 7 Sec. 2991
  • Milk: includes cream and one quart of cream is considered the equivalent of 4 quarts of milk. See Maine Revised Statutes Title 7 Sec. 2997
  • Minor: means an unemancipated individual who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Minor subject to conservatorship: means a minor for whom a conservator has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Minor subject to guardianship: means a minor for whom a guardian has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
  • misbranded package of a hazardous substance: means a hazardous substance in a container intended or suitable for household use unless the product bears a label with the information specified in section 507, except as otherwise provided by or pursuant to this subchapter. See Maine Revised Statutes Title 7 Sec. 502
  • Mixed wood type: means forests in which neither hardwoods nor softwood comprise 75% of the stand but are a combination of both. See Maine Revised Statutes Title 36 Sec. 573
  • Mobile telecommunications services: means telecommunications services licensed by the Federal Communications Commission for mobile use. See Maine Revised Statutes Title 35-A Sec. 102
  • Model rule: means the model rule, as amended, referenced in the memorandum of understanding. See Maine Revised Statutes Title 38 Sec. 580-A
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Mooring: means equipment, such as anchors, chains and lines, for holding fast a vessel, aircraft, floating dock or buoy. See Maine Revised Statutes Title 38 Sec. 480-B
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgage loan originator: means an individual who for compensation or gain or in the expectation of compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Mortgagee: shall be construed to include the heirs and assigns of the mortgagee. See Maine Revised Statutes Title 36 Sec. 501
  • Motorized recreational gold prospecting: includes , but is not limited to, the operation of a motorized suction dredge, sluice, pump, rocker box or winch, individually or together. See Maine Revised Statutes Title 38 Sec. 480-B
  • MPN: means most probable number. See Maine Revised Statutes Title 38 Sec. 466
  • Multiple-party account: means an account payable on request to one or more of 2 or more parties, whether or not a right of survivorship is mentioned. See Maine Revised Statutes Title 18-C Sec. 6-201
  • Municipal officers: means the mayor, councillors and aldermen of cities, the members of the select board of towns and the assessors of plantations. See Maine Revised Statutes Title 36 Sec. 501
  • 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
  • Municipal tax increment percentage: means , with respect to tax increment financing districts, the specified percentage of captured assessed value retained as provided in Title 30?A, section 5227 and allocated to the municipality for the municipality's own authorized project costs as provided in Title 30?A, section 5225. See Maine Revised Statutes Title 36 Sec. 691
  • Municipality: means any municipal, plantation or quasi-municipal electric, or electric and utility, corporation, or municipal electric, or electric and utility, system within the State which, as of January 1, 1981, was authorized to and engaged in the manufacture, generation, transmission, distribution, purchase or sale of electricity to the general public. See Maine Revised Statutes Title 35-A Sec. 4103
  • Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
  • Municipality: includes , for purposes of enacting an air pollution control ordinance, only cities, organized towns and plantations. See Maine Revised Statutes Title 38 Sec. 582
  • 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
  • Nameplate capacity: means the maximum electrical generating output, expressed in megawatts, that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings. See Maine Revised Statutes Title 38 Sec. 580-A
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • 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
  • Nationwide mortgage licensing system and registry: means a mortgage licensing system developed and maintained by a national organization dedicated to advancing the state banking system and a national association of residential mortgage regulators for the licensing and registration of licensed mortgage loan originators. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Natural: means living in, or as if in, a state of nature not measurably affected by human activity. See Maine Revised Statutes Title 38 Sec. 466
  • Natural buffer strip: means an undisturbed area or belt of land that is covered with trees or other vegetation. See Maine Revised Statutes Title 38 Sec. 490-A
  • Natural buffer strip: means an undisturbed area or belt of land that is covered with trees or other vegetation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Naturally internally drained: means areas of a site that, as a result of the predevelopment topography and interim and final topography produced during development of the site, are and will remain at all times over the course of the development graded so that neither eroded materials nor runoff either crosses the property boundary or enters a protected natural resource, natural buffer strip or other protected area. See Maine Revised Statutes Title 38 Sec. 490-A
  • Necessary remedial measure: means any repair or hazard-reducing measure relating to a structural component or operation of a dam needed to mitigate a specific condition at the dam that constitutes a threat to public safety. See Maine Revised Statutes Title 37-B Sec. 1111
  • Net annual greenhouse gas emissions: means gross annual greenhouse gas emissions less the total amount of greenhouse gases absorbed each year by plants and natural ecosystems, including, but not limited to, trees, crops, soil and wetlands within the State. See Maine Revised Statutes Title 38 Sec. 574
  • Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this Part to or from income during the period. See Maine Revised Statutes Title 18-C Sec. 7-402
  • New criminal conduct: refers to criminal activity by a defendant occurring after bail has been set. See Maine Revised Statutes Title 15 Sec. 1003
  • New England power pool: means the relationship or organization created by the New England power pool agreement. See Maine Revised Statutes Title 35-A Sec. 4103
  • New England power pool agreement: means the contractual agreement between electric utilities which is open to all electric utilities, whether private or governmental, operating in New England, which provides for cooperation and joint participation in developing and implementing a regional bulk power supply of electricity, which constitutes the central dispatching and primary pooling arrangements for electric utilities in the New England states, and which has been permitted to become effective under the Federal Power Act by the Federal Power Commission. See Maine Revised Statutes Title 35-A Sec. 4103
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonadverse party: means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. See Maine Revised Statutes Title 18-C Sec. 2-201
  • Nonconsumptive use: means any use of water that results in the water being discharged back into the same water source within 1/4 mile upstream or downstream from the point of withdrawal such that the difference between the volume withdrawn and the volume returned is no more than the threshold amount per day. See Maine Revised Statutes Title 38 Sec. 470-A
  • Nonpoint source: means any source, excluding any source defined as a direct discharge in section 466, that discharges pollutants into the surface or ground waters of the State, including, but not limited to, sources related to agriculture, construction and maintenance of bridges, railways and roads, forest management and commercial, industrial or residential development. See Maine Revised Statutes Title 38 Sec. 410-H
  • Nonrefillable: means a beverage container that, after being used by a consumer, is not to be reused as a beverage container by a manufacturer. See Maine Revised Statutes Title 38 Sec. 3102
  • Nonresident partner: means an individual, trust or estate partner that is not a resident partner. See Maine Revised Statutes Title 36 Sec. 5195
  • Nonstate mental health institution: means a public institution, a private institution or a mental health center, which is administered by an entity other than the State and which is equipped to provide inpatient care and treatment for the mentally ill. See Maine Revised Statutes Title 34-B Sec. 3801
  • Nontraditional mortgage product: means any mortgage product other than a 30-year fixed rate mortgage. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Nonwires alternative: includes but is not limited to energy efficiency and conservation measures, energy storage, load management, demand response and distributed generation. See Maine Revised Statutes Title 35-A Sec. 3131
  • Nonwires alternative coordinator: means the person or entity providing services under contract to the Office of the Public Advocate as described in section 1701, subsection 2?A. See Maine Revised Statutes Title 35-A Sec. 3131
  • Normal high water line: means that line along the shore of a great pond, river, stream, brook or other nontidal body of water which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or from changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 480-B
  • Normal high water line: means the line on the shore or bank of the fresh-water portion of a river at the point or elevation where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. See Maine Revised Statutes Title 38 Sec. 952
  • Normal high-water line: means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 436-A
  • Northern Maine market producer: means any Maine milk producer located in Aroostook County or Washington County or that portion of Penobscot County north of and including the minor civil divisions of Medway, T. See Maine Revised Statutes Title 7 Sec. 3152
  • Notice: means :
  • A. See Maine Revised Statutes Title 10 Sec. 1347
  • Notice: means written notification served personally, sent by certified mail or sent by first-class mail to the last known address of the person for whom the notification is intended. See Maine Revised Statutes Title 36 Sec. 111
  • Nuclear power plant: means a nuclear fission thermal power plant. See Maine Revised Statutes Title 35-A Sec. 4372
  • Nuisance species: means an aquatic or terrestrial nonindigenous species that threatens the diversity or abundance of native species, the ecological stability of infested waters or commercial, agricultural, aquacultural or recreational activity dependent on such waters as identified by the department through rulemaking. See Maine Revised Statutes Title 38 Sec. 1861
  • Nutrition: means the study of proper and balanced diet to promote health, especially in human beings. See Maine Revised Statutes Title 7 Sec. 2997
  • Nutrition education: means helping and educating people in the selection of food for the primary purpose of nourishing their bodies in health throughout the life cycle and helping and educating people in extending and teaching knowledge of food and nutrition principles, including promotion and research, and the application of these principles. See Maine Revised Statutes Title 7 Sec. 2997
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
  • Oath: A promise to tell the truth.
  • Occupant: means a person, a sublessee, successor or assignee, entitled to the use of a leased space at a self-service storage facility under a rental agreement. See Maine Revised Statutes Title 10 Sec. 1372
  • Offshore wind power project: includes both generating facilities as defined by Title 35?A, section 3451, subsection 5 and associated facilities as defined by Title 35?A, section 3451, subsection 1, without regard to whether the electrical energy is for sale or use by a person other than the generator. See Maine Revised Statutes Title 38 Sec. 480-B
  • Offshore wind power project: includes both generating facilities as defined by Title 35?A, section 3451, subsection 5 and associated facilities as defined by Title 35?A, section 3451, subsection 1, without regard to whether the electrical energy is for sale or use by a person other than the generator. See Maine Revised Statutes Title 38 Sec. 482
  • Oil: has the meaning set out in section 562?A, subsection 15. See Maine Revised Statutes Title 38 Sec. 1392
  • Oil terminal facility: means a facility and related appurtenances located in, on, over or under the surface of any land or water that is used or capable of being used to transfer, process, refine or store oil as defined in section 542, subsection 6. See Maine Revised Statutes Title 38 Sec. 482
  • Opacity: means the degree of light obscuring capability of emissions of visible air contaminants expressed as a percentage. See Maine Revised Statutes Title 38 Sec. 582
  • Open burning: means the burning of any type of combustible material in the open ambient air without being completely enclosed and where the products of combustion are emitted directly into the ambient air without passing through a stack, chimney or duct or other device or structure. See Maine Revised Statutes Title 38 Sec. 582
  • Open space land: means any area of land, including state wildlife and management areas, sanctuaries and preserves designated as such in Title 12, the preservation or restriction of the use of which provides a public benefit in any of the following areas:
  • A. See Maine Revised Statutes Title 36 Sec. 1102
  • operator: means the owner or operator of an excavation. See Maine Revised Statutes Title 38 Sec. 490-A
  • Operator: means the owner, operator, lessor or sublessor of a self-service storage facility, an agent or any other person authorized to manage the facility. See Maine Revised Statutes Title 10 Sec. 1372
  • operator: means a person who owns, leases, operates, controls or supervises a lead abatement activity within a building, structure or facility. See Maine Revised Statutes Title 38 Sec. 1291
  • Operator of a vending machine: means an owner of a vending machine, the person who refills it or the owner or lessee of the property upon which it is located. See Maine Revised Statutes Title 38 Sec. 3102
  • Orchard land: means the combined acreage within a farm unit of land devoted to the cultivation of trees bearing edible fruit. See Maine Revised Statutes Title 36 Sec. 1102
  • Other independent system operator participating states: means the following states participating in the regional greenhouse gas initiative as of January 1, 2011 that are located within the New England independent system operator control area: Connecticut, Massachusetts, New Hampshire, Rhode Island and Vermont. See Maine Revised Statutes Title 38 Sec. 580-A
  • Outdoor wood boiler: means a fuel burning device:
  • A. See Maine Revised Statutes Title 38 Sec. 582
  • Outlet stream: means any perennial or intermittent stream, as shown on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater wetland. See Maine Revised Statutes Title 38 Sec. 436-A
  • Over-order premium: means that part of the minimum Class I, Class II and Class III prices established by the Maine Milk Commission pursuant to chapter 603, that exceeds the applicable Class I, Class II and Class III prices established pursuant to the northeast marketing area milk marketing order as adjusted to reflect the increased costs of production pursuant to section 2954, subsection 2, paragraph A. See Maine Revised Statutes Title 7 Sec. 3152
  • Overboard discharge: means discharge to the surface waters of the State of domestic pollutants not conveyed to and treated in municipal or quasi-municipal sewerage treatment facilities. See Maine Revised Statutes Title 38 Sec. 466
  • Overburden: means earth and other materials naturally lying over the product to be mined. See Maine Revised Statutes Title 38 Sec. 482
  • Overburden: means earth and other materials naturally lying over the product to be removed. See Maine Revised Statutes Title 38 Sec. 490-A
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any transmission and distribution utility that owns any portion of a nuclear power plant, whether directly or through ownership of stock in a company that owns any portion of a nuclear power plant or through membership in a holding company that owns any portion of a nuclear power plant or through other means. See Maine Revised Statutes Title 35-A Sec. 4352
  • Owner or operator: means a person who owns, leases, operates, controls or supervises an asbestos abatement activity within a building, structure or facility. See Maine Revised Statutes Title 38 Sec. 1272
  • Parent: means a person who, with respect to a child:
  • A. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1
  • Parent: means a person who has established a parent-child relationship with the child under Title 19?A, chapter 61 and whose parental rights have not been terminated. See Maine Revised Statutes Title 18-C Sec. 5-102
  • participating water district: as used in this chapter , means a water district, as defined by Title 35?A, section 6101, subsection 3, included in the application provided for by section 2002. See Maine Revised Statutes Title 38 Sec. 2001
  • Partner: means a person that holds an interest directly or indirectly in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195
  • Partnership: means an entity subject to taxation under the Code, Subtitle A, Chapter 1, Subchapter K other than a financial institution subject to tax pursuant to chapter 819. See Maine Revised Statutes Title 36 Sec. 5195
  • Partnership-level audit: means an examination by the IRS at the partnership level pursuant to the Code, Subtitle F, Chapter 63, Subchapter C that results in federal adjustments. See Maine Revised Statutes Title 36 Sec. 5195
  • Party: means an interested person within the meaning of section 1?201, subsection 26, including the respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or protective proceeding. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Party: means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent. See Maine Revised Statutes Title 18-C Sec. 6-201
  • Pass-through entity: means an entity, other than a partnership, that is not subject to tax under chapter 817 or 819. See Maine Revised Statutes Title 36 Sec. 5195
  • Passenger car equivalents at peak hour: means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which the traffic volume generated by the development is higher than the volume during any other hour of the day. See Maine Revised Statutes Title 38 Sec. 490-A
  • Passenger car equivalents at peak hour: means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which traffic volume generated by the development is higher than the volume during any other hour of the day. See Maine Revised Statutes Title 38 Sec. 490-W
  • Pastureland: means the combined acreage within a farm unit of land devoted to the production of forage plants used for animal production. See Maine Revised Statutes Title 36 Sec. 1102
  • Patient: means a person under observation, care or treatment in a psychiatric hospital or residential care facility pursuant to this subchapter, a person receiving services from an assertive community treatment team, a person receiving intensive mental health management services from the department or a person being evaluated for emergency admission under section 3863 in a hospital emergency department. See Maine Revised Statutes Title 34-B Sec. 3801
  • Peak particle velocity: means the maximum rate of ground movement measured by any of the 3 mutually perpendicular components of ground motion. See Maine Revised Statutes Title 38 Sec. 490-W
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Periodic payment: means the total payment the consumer will make for a specific rental period, including the rental payment, any administrative fees or delivery charges, taxes and fees or charges for optional products and services. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Permanent residence: means that place where an individual has a true, fixed and permanent home and principal establishment to which the individual, whenever absent, has the intention of returning. See Maine Revised Statutes Title 36 Sec. 681
  • Permanent resident: means an individual who has established a permanent residence. See Maine Revised Statutes Title 36 Sec. 681
  • Permanent structure: means any structure that is designed to remain at or that is constructed or erected with a fixed location or that is attached to a structure with a fixed location for a period exceeding 7 months within any 12-month period, including, but not limited to, causeways, piers, docks, concrete slabs, piles, marinas, retaining walls and buildings. See Maine Revised Statutes Title 38 Sec. 480-B
  • permanently: means for at least 20 years. See Maine Revised Statutes Title 38 Sec. 1291
  • Persistent vegetative state: means a state that occurs after coma in which the patient totally lacks higher cortical and cognitive function, but maintains vegetative brain stem processes, with no realistic possibility of recovery, as diagnosed in accordance with acceptable medical standards. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Person: means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 37-B Sec. 949-A
  • Person: means any individual, firm, association, partnership, corporation, trust, municipality, quasi-municipal corporation, state department, federal department or other legal entity. See Maine Revised Statutes Title 37-B Sec. 1111
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 38 Sec. 3002
  • Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001
  • Person: means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic. See Maine Revised Statutes Title 35-A Sec. 3703
  • Person: means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic of any nature organized and existing under the law of any state, the United States, any Province of Canada and also includes Canada, its provinces and all political subdivisions, departments, agencies and instrumentalities of Canada. See Maine Revised Statutes Title 35-A Sec. 4103
  • Person: means an individual, partnership, corporation or other legal entity. See Maine Revised Statutes Title 38 Sec. 3102
  • Person: means any individual, partnership, firm, corporation, association or other unit, and the State and all political subdivisions or agencies thereof, except state owned and operated institutions. See Maine Revised Statutes Title 7 Sec. 2951
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 2-902
  • Person: as used in this chapter may not be construed to require duplicative notice by more than one individual, corporation, trust, estate, cooperative, association or other entity involved in the same transaction. See Maine Revised Statutes Title 10 Sec. 1347
  • Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102
  • Person: means any person, firm, association, partnership, corporation, municipal or other local governmental entity, quasi-municipal entity, state agency, federal agency, educational or charitable organization or institution or other legal entity. See Maine Revised Statutes Title 38 Sec. 482
  • Person: means any individual, partnership, corporation, whether private, public or quasi-municipal, municipality, state governmental agency or other legal entity. See Maine Revised Statutes Title 38 Sec. 582
  • Person: means a natural person, corporation, company, limited liability company, partnership or association. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Person: means a natural person, corporation, partnership, trust or other entity and, in the case of an entity, includes any other entity in which it has a majority interest or effective control as well as the individual officers, directors and other persons in active control of the activities of each entity. See Maine Revised Statutes Title 10 Sec. 1361
  • Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 5-902
  • Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111
  • Person: means an individual, corporation, partnership, limited liability company, joint venture, association, joint stock company, trust or any other form of legal entity, including agents and employees of a person. See Maine Revised Statutes Title 10 Sec. 1395
  • Person: means an individual, corporation, estate, trustee, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 6-402
  • Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1272
  • Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Person: means an individual, partnership, corporation, association, legal representative or any organized group or business unit. See Maine Revised Statutes Title 7 Sec. 423
  • Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1291
  • Person: means and includes any corporation, association, copartnership or one or more individuals. See Maine Revised Statutes Title 7 Sec. 502
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Person: includes any individual, partnership, corporation, association or other entity. See Maine Revised Statutes Title 38 Sec. 1401
  • Person subject to this chapter: means a person subject to the provisions of the federal Fair Credit Reporting Act and a consumer reporting agency. See Maine Revised Statutes Title 10 Sec. 1308
  • Personal information: means an individual's first name, or first initial, and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted:
  • A. See Maine Revised Statutes Title 10 Sec. 1347
  • Personal information: includes , but is not limited to, social security numbers, credit or debit card information, bank account numbers, medical information or passport information. See Maine Revised Statutes Title 10 Sec. 1372
  • Personal planning: means a process that assists and supports each person who has an intellectual disability or autism in creating a vision for how to live in and be a part of the community. See Maine Revised Statutes Title 34-B Sec. 5001
  • Personal planning process: means a process of planning with a client for the coordination and delivery of supportive and other services through the development of a personal plan or service plan. See Maine Revised Statutes Title 34-B Sec. 5461
  • Personal property: All property that is not real property.
  • Personal property: means movable property, not affixed to land. See Maine Revised Statutes Title 10 Sec. 1372
  • Petitioner: means a person filing a petition to adopt an adult or a child, and includes both petitioners under a joint petition, except as otherwise provided in this Article. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Petroleum liquids: means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery. See Maine Revised Statutes Title 38 Sec. 582
  • Physician: means an individual authorized to practice medicine under Title 32. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Pick-up agent: means an initiator of deposit, a distributor or a contracted agent of an initiator of deposit or a distributor that receives redeemed beverage containers from a redemption center and transports those containers for recycling. See Maine Revised Statutes Title 38 Sec. 3102
  • Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501
  • Planning board: means a planning board created for the purpose of planning in any municipality or the Maine Land Use Planning Commission in the unorganized territory. See Maine Revised Statutes Title 36 Sec. 1102
  • Planning team: means those persons, including at a minimum the client, the client's guardian and the client's individual support coordinator and others selected by the client or guardian to participate, who develop a personal plan or service plan. See Maine Revised Statutes Title 34-B Sec. 5461
  • plant: means a nuclear fission thermal power plant situated in this State. See Maine Revised Statutes Title 35-A Sec. 4352
  • Plant price: means the F. See Maine Revised Statutes Title 7 Sec. 3152
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • POD designation: means the designation of:
  • A. See Maine Revised Statutes Title 18-C Sec. 6-201
  • Political subdivision: means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30?A, chapter 115 or 119, or quasi-municipal corporation or special purpose district, including, but not limited to, any water district or sanitary district. See Maine Revised Statutes Title 38 Sec. 1362
  • Polystyrene foam: means blown polystyrene and expanded or extruded foams using a styrene monomer. See Maine Revised Statutes Title 38 Sec. 1571
  • Post-conviction: means any point in a criminal proceeding after a verdict or finding of guilty or after the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003
  • Pounds per ton: means the unit for measurement of color in the discharge from the production of wood pulp. See Maine Revised Statutes Title 38 Sec. 466
  • power of appointment: includes a power to designate the beneficiary of a beneficiary designation. See Maine Revised Statutes Title 18-C Sec. 2-201
  • Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term "power of attorney" is used. See Maine Revised Statutes Title 18-C Sec. 5-902
  • 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
  • Power of attorney for health care: means the designation of an agent with capacity to make health care decisions for the individual granting the power. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Practical quantification limit: means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions. See Maine Revised Statutes Title 38 Sec. 1691
  • practitioner: means a licensed physician, licensed physician assistant, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist. See Maine Revised Statutes Title 34-B Sec. 3801
  • Preblast survey: means documentation, prior to the initiation of blasting, of the condition of buildings, structures, wells or other infrastructures; protected natural resources; historic sites; and unusual natural areas. See Maine Revised Statutes Title 38 Sec. 490-W
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preconviction: means any point in a criminal proceeding before a verdict in the context of a jury trial or finding of guilty in the context of a jury-waived trial or before the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premature closing: means the closing of a nuclear power plant before the projected date of decommissioning, as projected in the decommissioning financing plan under section 4353. See Maine Revised Statutes Title 35-A Sec. 4352
  • Premises: means the property of the dealer or the dealer's lessor on which a sale is made. See Maine Revised Statutes Title 38 Sec. 3102
  • Prescriber: means a licensed health care provider with authority to prescribe, including a licensed physician, certified nurse practitioner or licensed physician assistant who has training or experience in psychopharmacology. See Maine Revised Statutes Title 34-B Sec. 3801
  • Presently exercisable general power of appointment: means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in the decedent, the decedent's creditors, the decedent's estate or creditors of the decedent's estate, and includes a power to revoke or invade the principal of a trust or other property arrangement. See Maine Revised Statutes Title 18-C Sec. 2-201
  • Presently exercisable general power of appointment: includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard or the passage of the specified period. See Maine Revised Statutes Title 18-C Sec. 5-902
  • 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.
  • price cap ILEC: means an incumbent local exchange carrier that agreed to accept Connect America Fund Phase II support pursuant to the Federal Communications Commission's Report and Order released on December 18, 2014, in In the Matter of Connect America Fund, WC Docket No. See Maine Revised Statutes Title 35-A Sec. 7102
  • Primarily: means more than 50% of the time;
  • (b) "Retail sales activity" means an activity associated with the selection and retail purchase of goods or rental of tangible personal property. See Maine Revised Statutes Title 36 Sec. 691
  • Primary physician: means a physician designated by an individual with capacity or by the individual's agent, guardian or surrogate to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Primary sand and gravel recharge area: means the surface directly overlying sand and gravel formations that provides direct replenishment of groundwater in sand and gravel fractured bedrock aquifers. See Maine Revised Statutes Title 38 Sec. 490-A
  • Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1
  • Principal: means a person, partnership, corporation or other business entity that does not have a permanent or fixed place of business in this State and that:
  • A. See Maine Revised Statutes Title 10 Sec. 1341
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Maine Revised Statutes Title 18-C Sec. 5-902
  • Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Principal structure: means a building other than one which is used for purposes wholly incidental or accessory to the use of another building on the same premises. See Maine Revised Statutes Title 38 Sec. 436-A
  • Priority chemical: means a chemical identified as such by the department pursuant to section 1694, subsection 1. See Maine Revised Statutes Title 38 Sec. 1691
  • Priority toxic chemical: means a chemical that has been identified by the department pursuant to section 2323. See Maine Revised Statutes Title 38 Sec. 2322
  • Private drinking water supply: means a surface water supply, a dug well, a spring or a hole drilled, driven or bored into the earth that is used to extract drinking water for human consumption and that is not part of a public drinking water supply. See Maine Revised Statutes Title 38 Sec. 490-A
  • Private drinking water supply: means a surface water supply, a dug well, a spring or a hole drilled, driven or bored into the earth that is used to extract drinking water for human consumption and that is not part of a public drinking water supply. See Maine Revised Statutes Title 38 Sec. 490-W
  • Private drinking water well: means a well that is used to supply water for human consumption and that is not a public drinking water well. See Maine Revised Statutes Title 38 Sec. 1392
  • Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process weight rate: means the average total weight of all materials, not including any gaseous or liquid fuels, solid fuels or combustion air, introduced into any manufacturing, industrial or combustion process that may result in the emission of any regulated pollutant to the ambient air, computed on an hourly basis, and shall be expressed in terms of weight per unit of time. See Maine Revised Statutes Title 38 Sec. 582
  • Processor: means any person, other than a consumer, who purchases or contracts to purchase an agricultural commodity primarily for manufacture into food or other products by operations which change the physical form which that agricultural commodity possessed when produced. See Maine Revised Statutes Title 7 Sec. 423
  • Producer: means a person that:
  • A. See Maine Revised Statutes Title 38 Sec. 1771
  • Producer: means any person who produces milk and sells such milk only to dealers. See Maine Revised Statutes Title 7 Sec. 2951
  • Producer: means any person who produces milk and sells milk to a dealer. See Maine Revised Statutes Title 7 Sec. 2991
  • Producer: means any person who produces milk and sells the milk to a dealer. See Maine Revised Statutes Title 7 Sec. 2997
  • Producer: means any person engaged within this State in the business of producing, or causing to be produced, for any market, any agricultural commodity. See Maine Revised Statutes Title 7 Sec. 423
  • Producer dealer: means any dealer who produces a part or all of that dealer's milk and sells milk to other than a dealer. See Maine Revised Statutes Title 7 Sec. 2991
  • Producer dealer: means a dealer who produces a part or all of that dealer's milk or a person who produces milk and sells to a grocery store, dairy products' store or similar commercial establishment. See Maine Revised Statutes Title 7 Sec. 2997
  • Producer-dealer: means a dealer who produces a part or all of the dealer's milk or a person who produces milk and sells to a grocery store or dairy products store or similar commercial establishment. See Maine Revised Statutes Title 7 Sec. 2951
  • Producer-dealer: means a dealer who produces a part or all of the dealer's milk or a person who produces milk and sells to a grocery store or dairy products store or similar commercial establishment, and includes an agricultural cooperative comprised solely of dairy farmers that wholly owns and operates its processing facilities, and whose individual members hold a share of that ownership that is in direct proportion to that individual's share of all milk produced by cooperative members for the cooperative, except that such an agricultural cooperative is a "producer-dealer" under this chapter only if it was in existence on January 1, 1986, and had been recognized on or before that date by the commissioner as meeting the criteria established in this subsection. See Maine Revised Statutes Title 7 Sec. 3152
  • Product: means an item intended for sale within the State that is identified pursuant to section 1772 as appropriate for a product stewardship program. See Maine Revised Statutes Title 38 Sec. 1771
  • Product category: means a group of similar products designated pursuant to section 1772 for the purpose of establishing product stewardship programs. See Maine Revised Statutes Title 38 Sec. 1771
  • Product stewardship: means a producer's taking responsibility for managing and reducing the life-cycle impacts of the producer's product, from product design to end-of-life management. See Maine Revised Statutes Title 38 Sec. 1771
  • Product stewardship program: includes a program financed through an assessment paid by the producers to a stewardship organization. See Maine Revised Statutes Title 38 Sec. 1771
  • Production blasting: means blasting conducted for the purpose of extracting or removing natural materials for commercial sale or beneficiation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Professional: means :
  • A. See Maine Revised Statutes Title 34-B Sec. 5461
  • program: means a program of court-ordered services provided to participants under section 3873?A. See Maine Revised Statutes Title 34-B Sec. 3801
  • Project: means any plant, works, system or facilities inside or outside the State, and real and personal property of any nature or any interest in any of them, together with all parts of them and appurtenances to them, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange or interchange of electricity and in the acquisition, extraction, conversion, transportation or storage or reprocessing of fuel of any kind for any purposes or an interest in, or the right to the use, services, output or capacity of a plant quota, works, system or facilities; provided that "project" does not include construction of nuclear generating facilities or the storage, reprocessing or transportation of nuclear fuel within the State. See Maine Revised Statutes Title 35-A Sec. 4103
  • Project cost: means , but is not limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, betterment, extension or disposal of a project or part of a project, including:
  • A. See Maine Revised Statutes Title 35-A Sec. 4103
  • Project supervisor: includes , but is not limited to, an abatement project supervisor employed by a contractor or by an in-house lead abatement unit. See Maine Revised Statutes Title 38 Sec. 1291
  • Prompt removal and dismantlement: means to immediately remove radioactive or radioactively contaminated material down to allowable residual levels which permit release of the property for unrestricted access. See Maine Revised Statutes Title 35-A Sec. 4352
  • Proper identification: means that information generally considered sufficient to identify a person. See Maine Revised Statutes Title 10 Sec. 1308
  • Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
  • Property: includes values subject to a beneficiary designation. See Maine Revised Statutes Title 18-C Sec. 2-201
  • Property: means a boat, boat motor or boat trailer in storage at a facility. See Maine Revised Statutes Title 10 Sec. 1382
  • Property: means anything that may be the subject of ownership, whether real or personal or legal or equitable, or any interest or right therein. See Maine Revised Statutes Title 18-C Sec. 5-902
  • Property: means an interest in real property located in this State that is transferable on the death of the owner. See Maine Revised Statutes Title 18-C Sec. 6-402
  • Property: means anything that may be the subject of ownership and includes both real and personal property, tangible and intangible, or any interest therein. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Proprietary information: means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. See Maine Revised Statutes Title 38 Sec. 1771
  • Proprietary information: means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. See Maine Revised Statutes Title 38 Sec. 3102
  • Proprietary information: means production, commercial or financial information claimed as confidential on documents required to be submitted to participate in an auction, the disclosure of which would impair the competitive position of the account holder and would make available information that is not otherwise available. See Maine Revised Statutes Title 38 Sec. 580-A
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected consumer: means an individual who has not attained 16 years of age at the time a request for the placement of a security freeze is made. See Maine Revised Statutes Title 10 Sec. 1308
  • Protected natural resource: means coastal sand dune systems, coastal wetlands, significant wildlife habitat, fragile mountain areas, freshwater wetlands, community public water system primary protection areas, great ponds or rivers, streams or brooks, as these terms are defined in this article. See Maine Revised Statutes Title 38 Sec. 480-B
  • protected person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency or instrumentality; or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Protective arrangement instead of conservatorship: means a court order entered under section 5?503. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Protective arrangement instead of guardianship: means a court order entered under section 5?502. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Protective arrangement instead of guardianship or conservatorship: means a court order entered under Part 5, including an order authorizing a single transaction or more than one related transaction. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Protective order: means an order appointing a conservator or other order related to management or disposition of an adult's property. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Protective services: means services which will separate incapacitated adults from danger, including, but not limited to:
  • A. See Maine Revised Statutes Title 34-B Sec. 5001
  • Provider: means a person that provides consumer arbitration or services related to consumer arbitration. See Maine Revised Statutes Title 10 Sec. 1391
  • Provider of last resort service: means a flat-rate service with voice grade access to the public switched telephone network; local usage within the basic service calling areas of incumbent local exchange carriers as of January 1, 2012; dual-tone multifrequency signaling or its functional equivalent; single-party service or its functional equivalent; access to emergency services; access to operator services; access to interexchange service; access to directory assistance; toll limitation for qualifying low-income customers; and the capacity to maintain uninterrupted voice service during a power failure, either through the incorporation into the network or network interface devices of suitable battery backup or through electric current. See Maine Revised Statutes Title 35-A Sec. 7201
  • Provider of postsecondary education: means a person engaged in the business of providing postsecondary education directly, by correspondence or by the Internet to a person located in the State. See Maine Revised Statutes Title 9-A Sec. 15-101
  • Prudent investor standard: means the prudent investor standard referenced in Title 18?B, Part 1, section 901, subsection 1. See Maine Revised Statutes Title 10 Sec. 1395
  • Psychiatric hospital: means :
  • A. See Maine Revised Statutes Title 34-B Sec. 3801
  • Public building: means any building constructed before 1978, except residences and child care facilities, that is generally open to the public or occupied or visited by children, including, but not limited to, schools, day care centers, museums, airport terminals, hospitals, stores, restaurants, office buildings, convention centers and government buildings. See Maine Revised Statutes Title 38 Sec. 1291
  • Public drinking water source: means any groundwater well or any surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. See Maine Revised Statutes Title 38 Sec. 490-A
  • Public drinking water source: means a groundwater well or a surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. See Maine Revised Statutes Title 38 Sec. 490-W
  • Public drinking water well: means a drinking water supply well for a public water system as defined in Title 22, section 2601, subsection 8. See Maine Revised Statutes Title 38 Sec. 1392
  • Public entity: means the State, any of its political subdivisions or any agency or instrumentality of either. See Maine Revised Statutes Title 38 Sec. 1272
  • Public entity: means the State, any of its political subdivisions or any agency or instrumentality of either. See Maine Revised Statutes Title 38 Sec. 1291
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public preschool program: means a program offered by a public elementary school pursuant to chapter 203 that provides instruction to children who are 4 years of age, including but not limited to a Head Start program that is approved as a component of the public preschool program. See Maine Revised Statutes Title 20-A Sec. 1
  • Public right-of-way: is a n improved roadway maintained for passage by motor vehicles in which the owner of fee does not control the right of passage. See Maine Revised Statutes Title 38 Sec. 952
  • Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1
  • Public switched telephone network: means the network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America. See Maine Revised Statutes Title 35-A Sec. 102
  • Public utility: includes any pipe line, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication or other system operated for public use regardless of ownership. See Maine Revised Statutes Title 37-B Sec. 1004
  • Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102
  • Putative parent: means a person who is the alleged parent of a child but whose parentage has not been but may be legally determined in accordance with Title 19-A, chapter 61. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Qualified property: means tangible personal property that:
    (1) Is used or held for use exclusively for a business purpose by the person in possession of it or, in the case of construction in progress or inventory parts, is intended to be used exclusively for a business purpose by the person who will possess that property; and
    (2) Either:
    (a) Was subject to an allowance for depreciation under the Code on April 1st of the property tax year for which a claim for exemption under this subchapter is filed or would have been subject to an allowance for depreciation under the Code as of that date but for the fact that the property has been fully depreciated; or
    (b) In the case of construction in progress or inventory parts, would be subject under the Code to an allowance for depreciation when placed in service or would have been subject to an allowance for depreciation under the Code as of that date but for the fact that the property has been fully depreciated. See Maine Revised Statutes Title 36 Sec. 691
  • Qualified telecommunications equipment: includes equipment used to provide telegraph service. See Maine Revised Statutes Title 36 Sec. 457
  • Qualifying shareholder: means a person who is a:
  • A. See Maine Revised Statutes Title 36 Sec. 681
  • Quarry: means a place where rock is excavated. See Maine Revised Statutes Title 38 Sec. 490-W
  • Quasi-municipal: means any form of ownership and management by a governmental unit embracing a portion of a municipality, a single municipality or several municipalities which is created by law to deliver public waste water treatment services, but which is not a state governmental unit. See Maine Revised Statutes Title 38 Sec. 466
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive substance: means any substance which emits ionizing radiation. See Maine Revised Statutes Title 7 Sec. 502
  • Rate design stability: means the implementation of interclass cost allocation or intraclass rate design changes to any existing customer class, of the magnitude or on such a schedule as to not be seriously adverse to the existing class of customers. See Maine Revised Statutes Title 35-A Sec. 102
  • 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 brokerage activity: means any activity that involves offering or providing real estate brokerage services to the public, including:
  • A. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonably available: means practicable based on cost, efficacy, availability and other factors as determined by the department. See Maine Revised Statutes Title 38 Sec. 2322
  • Reasonably available: means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health care needs. See Maine Revised Statutes Title 18-C Sec. 5-802
  • Reclamation: means the rehabilitation of the area of land affected by mining under a plan approved by the department, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest and the enhancement of wildlife and aquatic resources, but not including the filling in of pits and the filling or sealing of shafts and underground workings with solid materials unless necessary for protection of ground water or safety. See Maine Revised Statutes Title 38 Sec. 482
  • Reclamation: means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. See Maine Revised Statutes Title 38 Sec. 490-A
  • Reclamation: means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. See Maine Revised Statutes Title 38 Sec. 490-W
  • Records: means books, records, accounts, memoranda or other data pertaining to the purchase and distribution of milk. See Maine Revised Statutes Title 7 Sec. 2991
  • 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
  • recycle: means a series of activities by which material that has reached the end of its current use is processed into material for use in the production of new products. See Maine Revised Statutes Title 38 Sec. 3102
  • Recycling: means the transforming or remanufacturing of an unwanted product or the unwanted product's components and by-products into usable or marketable materials. See Maine Revised Statutes Title 38 Sec. 1771
  • Redemption center: means a place of business that deals in acceptance of empty returnable beverage containers from either consumers or from dealers, or both, and that is licensed under section 3113. See Maine Revised Statutes Title 38 Sec. 3102
  • Refillable: means a beverage container that, after being used by a consumer, is to be reused as a beverage container at least 5 times by a manufacturer. See Maine Revised Statutes Title 38 Sec. 3102
  • Region: means any of the regions established by the department. See Maine Revised Statutes Title 34-B Sec. 5001
  • Region: means an air quality region or regions established by the board pursuant to section 583. See Maine Revised Statutes Title 38 Sec. 582
  • Regional greenhouse gas initiative: means the initiative referred to in the Memorandum of Understanding and the corresponding model rule that memorializes the ongoing cooperative effort by the State and other states to design and implement a regional carbon dioxide cap-and-trade program covering carbon dioxide emissions from electrical generating units in the signatory states. See Maine Revised Statutes Title 38 Sec. 580-A
  • Regional organization: means the entity that will manage the regional greenhouse gas initiative on a regional basis and with which the State contracts for related service. See Maine Revised Statutes Title 38 Sec. 580-A
  • Regional transmission organization: means the independent systems operator that administers and oversees the wholesale electricity markets in which the State participates. See Maine Revised Statutes Title 38 Sec. 580-A
  • Register: means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. See Maine Revised Statutes Title 18-C Sec. 6-301
  • Registered mail: shall be construed to include certified mail. See Maine Revised Statutes Title 36 Sec. 501
  • registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
  • Registered mortgage loan originator: means an individual who:
  • A. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Registering entity: means a person that originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Maine Revised Statutes Title 18-C Sec. 6-301
  • Regulator: means :
  • A. See Maine Revised Statutes Title 38 Sec. 490-W
  • 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.
  • Remainder beneficiary: means a person entitled to receive principal when an income interest ends. See Maine Revised Statutes Title 18-C Sec. 7-402
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Renovation and remodeling: means the replacement or reconstruction of any part of a residence in which the primary intent is to repair, restore or remodel a given structure, which may incidentally result in the reduction of lead-based paint hazards. See Maine Revised Statutes Title 38 Sec. 1291
  • Rental agreement: means any written agreement that establishes or modifies the terms, conditions or rules concerning the use and occupancy of a self-service storage facility. See Maine Revised Statutes Title 10 Sec. 1372
  • Rental payment: means a payment to be made by a consumer for the right of possession and use of rental property for a specific rental period, but does not include taxes imposed on such payment. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Rental period: means a week, month or other specific period of time during which the consumer has a right to possess and use the property after making the rental payment and applicable tax payment for such period. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Rental-purchase agreement: means an agreement for the use of personal property by an individual primarily for personal, family or household purposes for an initial period of 4 months or less that is automatically renewable with each payment after the initial period and that permits the consumer to become the owner of the property, but does not obligate or require the consumer to continue renting or using the property beyond the initial period. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Rental-purchase cost: includes rental payments and any initial administrative fees, but does not include taxes, delivery charges, late charges, payment pick-up fees or any optional charges or fees that meet the requirements of section 11?111, subsection 4. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Maine Revised Statutes Title 10 Sec. 1308
  • Request: means a request for payment complying with all terms of the account, including special requirements concerning necessary signatures and regulations of the financial institution. See Maine Revised Statutes Title 18-C Sec. 6-201
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001
  • Resident biological community: means aquatic life expected to exist in a habitat which is free from the influence of the discharge of any pollutant. See Maine Revised Statutes Title 38 Sec. 466
  • Resident creditor: means a person domiciled in or doing business in this State who is, or could be, a claimant against an estate of a nonresident decedent. See Maine Revised Statutes Title 18-C Sec. 4-101
  • Resident estate or trust: shall mean :
  • A. See Maine Revised Statutes Title 36 Sec. 5102
  • Resident individual: means an individual:
  • A. See Maine Revised Statutes Title 36 Sec. 5102
  • Resident partner: means a partner that is a resident individual or a resident estate or trust under this Part
  • [PL 2019, c. See Maine Revised Statutes Title 36 Sec. 5195
  • Residential care facility: means a licensed or approved boarding care, nursing care or foster care facility which supplies supportive residential care to individuals due to their mental illness. See Maine Revised Statutes Title 34-B Sec. 3801
  • Residential dwelling: means a room or group of rooms that form a single independent habitable unit for occupation by one or more individuals that has facilities with permanent provisions for living, sleeping, eating, cooking and sanitation, including common areas and appurtenant structures. See Maine Revised Statutes Title 38 Sec. 1291
  • Residential mortgage loan: means any loan primarily for personal, family or household use that is secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a dwelling. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Residential real estate: means any real property located in the State, upon which is constructed or intended to be constructed a dwelling. See Maine Revised Statutes Title 9-A Sec. 13-102
  • Residential structure: means a building used for human habitation as a seasonal or year-round residence. See Maine Revised Statutes Title 36 Sec. 573
  • Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Maine Revised Statutes Title 18-C Sec. 5-602
  • Respondent: means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought. See Maine Revised Statutes Title 18-C Sec. 5-102
  • Responsible party: means any one or more of the following persons: