Maine Revised Statutes > Title 7 > Part 5 > Chapter 404 > Subchapter 2 – Tree Specialists
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| Article 1 | General Provisions | 2173 – 2177 |
| Article 2 | Licenses | 2179 – 2191 |
Terms Used In Maine Revised Statutes > Title 7 > Part 5 > Chapter 404 > Subchapter 2 - Tree Specialists
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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
- 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.
- Agreement: means a legally binding written document between 2 or more parties, including, but not limited to, a document commonly referred to as an accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid. See Maine Revised Statutes Title 5 Sec. 1660-D
- agreement funding: means all agreement funds received by a community agency from the department. See Maine Revised Statutes Title 5 Sec. 1660-D
- Ambulance services: means those emergency services primarily designed to transport ill or injured persons to available medical facilities and to administer first aid and emergency life-support systems in the interim period. See Maine Revised Statutes Title 30-A Sec. 451
- 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.
- 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.
- 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
- Arborist: means a person who, for compensation, takes down or fells, diagnoses or evaluates the condition of shade or ornamental trees; solicits, recommends or supervises the treatment of those trees; or in any manner or for any purpose treats or cares for those trees. See Maine Revised Statutes Title 7 Sec. 2173
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Average personal income growth: means the average for the prior 10 calendar years, ending with the most recent calendar year for which data is available, of the percent change in personal income in this State, as estimated by the United States Department of Commerce, Bureau of Economic Analysis. See Maine Revised Statutes Title 5 Sec. 1531
- 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.
- Bid: means a written offer or proposal by an exhibitor to a distributor, in response to an "invitation to bid" stating the terms under which the exhibitor will agree to exhibit a motion picture. See Maine Revised Statutes Title 10 Sec. 1901
- Biennial base year appropriation: means :
A. See Maine Revised Statutes Title 5 Sec. 1531Blind bidding: means the solicitation of bidding for, solicitation of negotiation for, or solicitations of offers for or agreeing to terms for the licensing or exhibition of a motion picture if the motion picture has not been trade screened. See Maine Revised Statutes Title 10 Sec. 1901 Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite). Business concern: means a person, partnership or corporation engaged in providing property, products or services for the purpose of gain, benefit or advantage, either direct or indirect, whether or not the concern is organized for profit or not for profit. See Maine Revised Statutes Title 5 Sec. 1552 Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Civil deputy: means a deputy who meets the requirements for a civil deputy adopted by the sheriff and has been designated by the sheriff to enforce civil laws and serve civil process. See Maine Revised Statutes Title 30-A Sec. 351 Clear-cut: means any timber harvesting on a forested site greater than 5 acres in size that results in a residual basal area of trees over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground of less than 30 square feet per acre, unless, after harvesting, the site has a well-distributed stand of acceptable growing stock, as defined by rule, of at least 3 feet in height for softwood trees and 5 feet in height for hardwood trees that meets the regeneration standards defined under section 8869, subsection 1. See Maine Revised Statutes Title 12 Sec. 8868 Commission: means the Maine Land Use Planning Commission established under section 683?A. See Maine Revised Statutes Title 12 Sec. 8868 Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 1531 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 5 Sec. 1552 Commissioner: means the Commissioner of Health and Human Services, who has responsibility for the administration of this chapter. See Maine Revised Statutes Title 5 Sec. 1660-D Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Communications: means a system for sending and receiving information to aid in law enforcement or law enforcement functions between fixed or mobile points, including telephone, teletype or radio systems. See Maine Revised Statutes Title 30-A Sec. 451 Community agency: means any public or private nonprofit organization, firm, individual, partnership or business corporation operated for profit that:
A. See Maine Revised Statutes Title 5 Sec. 1660-DCommunity agency fiscal year: means the fiscal year of a community agency commencing on or after July 1, 1995. See Maine Revised Statutes Title 5 Sec. 1660-D Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Controller: means the State Controller. See Maine Revised Statutes Title 5 Sec. 1552 Cooperative board: means the governing body with statutory powers and duties for a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County commissioners: means the county commissioners of Androscoggin County. See Maine Revised Statutes Title 30-A Sec. 722 county commissioners: means the county commissioners of Aroostook County. See Maine Revised Statutes Title 30-A Sec. 739 County legislative delegation: means all state legislators whose legislative districts, in whole or in part, lie within the boundaries of a county. See Maine Revised Statutes Title 30-A Sec. 1 County officers: means the commissioners, treasurer, sheriff, register of deeds and register of probate of a county. See Maine Revised Statutes Title 30-A Sec. 1 County official: means an elected or appointed member of a county government. See Maine Revised Statutes Title 30-A Sec. 1 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 1642 Department: means the Department of Health and Human Services as well as other departments and agencies of State Government approved for inclusion in this chapter by the commissioner. See Maine Revised Statutes Title 5 Sec. 1660-D Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Department examination: means actions determined to be necessary by the department's audit division, including, but not limited to, analyses or testing of reported agreement balances and transactions, provision of internal control systems and compliance with rules. See Maine Revised Statutes Title 5 Sec. 1660-D Department review: means a review by the department of a community agency's submitted annual financial statement report. See Maine Revised Statutes Title 5 Sec. 1660-D 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. Deputy: means either a full-time or part-time county law enforcement officer appointed under section 381. See Maine Revised Statutes Title 30-A Sec. 351 detention: means the confining of an adult held in lawful custody in a specially constructed or modified facility designed to ensure continued custody and control. See Maine Revised Statutes Title 30-A Sec. 451 Devise: To gift property by will. Director: means the Director of the Bureau of Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. See Maine Revised Statutes Title 10 Sec. 1901 Division: means the Executive Department, Division of Community Services. See Maine Revised Statutes Title 5 Sec. 1642 Docket: A log containing brief entries of court proceedings. Dollar threshold: means a funding limit that is set to determine how a community agency will be held accountable for agreement receipts of state and federal funds from the department. See Maine Revised Statutes Title 5 Sec. 1660-D 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 Emergency management: means the coordination and implementation of an organized effort to mitigate, prepare for, respond to and recover from a disaster. See Maine Revised Statutes Title 30-A Sec. 451 Emergency services: means assistance given to one or more persons or areas, when there is imminent danger of damage or injury to property or personal health and safety, and includes ambulance services, emergency management agency services and rescue services. See Maine Revised Statutes Title 30-A Sec. 451 Entitywide financial reporting: means financial statements and agreement supplemental schedules of a community agency prepared based on its fiscal year. See Maine Revised Statutes Title 5 Sec. 1660-D Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. exhibition: means showing a motion picture to the public for a charge. See Maine Revised Statutes Title 10 Sec. 1901 Exhibitor: means any person engaged in the business of operating one or more theaters. See Maine Revised Statutes Title 10 Sec. 1901 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Federal audit: means an audit made pursuant to the federal Office of Management and Budget uniform guidance under Title 2 of the Code of Federal Regulations, Part 200 or any subsequent revisions. See Maine Revised Statutes Title 5 Sec. 1660-D Federal funds: means all federal funds received by a community agency and not just those agreements received from the department. See Maine Revised Statutes Title 5 Sec. 1660-D 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. Forest land owners: means persons who own forest lands. See Maine Revised Statutes Title 12 Sec. 8423-A Forest management plan: means a site-specific document signed by a professional forester outlining proposed activities to ensure compliance with performance standards and regeneration requirements established pursuant to this subchapter. See Maine Revised Statutes Title 12 Sec. 8868 Full-time deputy: means a deputy who is compensated under section 386, subsection 1, and who is employed in county law enforcement for at least 40 hours a week. See Maine Revised Statutes Title 30-A Sec. 351 General Fund revenue shortfall: means the amount by which the General Fund appropriation limitation established by section 1534 exceeds baseline General Fund revenue and other available resources in each state fiscal year. See Maine Revised Statutes Title 5 Sec. 1531 Generally accepted accounting principles: means uniform minimum standards and guidelines for financial accounting and reporting ordinarily employed by skilled accountants and agreed upon by authoritative practitioners of recognized professional standing, such as the American Institute of Certified Public Accountants and other recognized professional bodies. See Maine Revised Statutes Title 5 Sec. 1660-D Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government auditing standards: means auditing standards promulgated by the Comptroller General of the United States that are applicable to financial audits. See Maine Revised Statutes Title 5 Sec. 1660-D Home heating oil: means #2 fuel oil sold for heating residential, industrial or commercial space or water. See Maine Revised Statutes Title 10 Sec. 1672 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Improper invoice: means an invoice which is:
A. See Maine Revised Statutes Title 5 Sec. 1552In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Income supplementation programs: means programs designed to supplement the income of a person or family and includes Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, food distribution, general assistance, supplemental security income or any other income related program utilizing state-administered funds. See Maine Revised Statutes Title 5 Sec. 1642 Independent public accountant: means a person who complies with government auditing standards and who is one of the following:
A. See Maine Revised Statutes Title 5 Sec. 1660-DIndictment: 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. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intelligence: means the collection, storage, retrieval, analysis and use of information about persons known to be repeatedly violating the criminal law in a manner difficult to detect as part of a covertly planned, deliberate or organized attempt to undertake criminal acts. See Maine Revised Statutes Title 30-A Sec. 451 Investigation: means the inquiry about, or examination or observation of, persons or objects to gather evidence concerning unlawful acts or the apprehension of wrongdoers. See Maine Revised Statutes Title 30-A Sec. 451 Invitation to bid: means a written solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture. See Maine Revised Statutes Title 10 Sec. 1901 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Jail: means a specially constructed or modified facility designated by law or regularly used for detention for a period of up to 12 months. See Maine Revised Statutes Title 30-A Sec. 451 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. Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juvenile services: means the personnel, procedures and services provided to deal with delinquents or criminal offenders under 18 years of age. See Maine Revised Statutes Title 30-A Sec. 451 Laboratory services: means those services which concern the testing or analyzing of physical evidence, by chemical or physical science methods and techniques, in order to determine its properties, composition, attributes or other information required for law enforcement purposes. See Maine Revised Statutes Title 30-A Sec. 451 Land management road: means a road constructed and used primarily for agricultural or forest management activities. See Maine Revised Statutes Title 12 Sec. 8868 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Law enforcement functions: means functions or services related to law enforcement, including patrol, laboratory services, intelligence, investigation, juvenile services, emergency services, detention and communications, whether or not those services are administered or directed through the sheriff's department or municipal police departments. See Maine Revised Statutes Title 30-A Sec. 451 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License agreement: means any contract agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. See Maine Revised Statutes Title 10 Sec. 1901 Liquidation harvesting: means the purchase of timberland followed by a harvest that removes most or all commercial value in standing timber, without regard for long-term forest management principles, and the subsequent sale or attempted resale of the harvested land within 5 years. See Maine Revised Statutes Title 12 Sec. 8868 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Lock-up: means a facility designated by law or regularly used for detention for a temporary period before trial or transfer to a jail or other facility. See Maine Revised Statutes Title 30-A Sec. 451 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Management program: means all activities undertaken by the Bureau of Forestry in connection with the short-term and long-term management of spruce budworm infestations, including, without limitation, any activities undertaken in connection with spruce budworm survey and detection activities, targeting silvicultural and integrated pest management programs, research, methods development and related activities and any involvement in any spray activities. See Maine Revised Statutes Title 12 Sec. 8423-A Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 officials: means the mayor, aldermen, councillors or manager of a city and the members of the select board, councillors or manager of a town located in Androscoggin County. See Maine Revised Statutes Title 30-A Sec. 722 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 Nonparticipating department: means a department or division of State Government other than one defined as a department in this section that has not been approved for inclusion in this chapter by the commissioner. See Maine Revised Statutes Title 5 Sec. 1660-D Nonprofit organization: means any agency, institution or organization that consists of or is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. See Maine Revised Statutes Title 5 Sec. 1660-D Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Ornamental trees: means trees of shade, beauty or landscape value, or those trees intended to become ornamental trees. See Maine Revised Statutes Title 7 Sec. 2173 Outcome-based forest policy: means a science-based, voluntary process to achieve agreed-upon economic, environmental and social outcomes in the State's forests, as an alternative to prescriptive regulation, demonstrating measurable progress towards achieving statewide sustainability goals and allowing landowners to use creativity and flexibility to achieve objectives, while providing for the conservation of public trust resources and the public values of forests. See Maine Revised Statutes Title 12 Sec. 8868 Oversight: Committee review of the activities of a Federal agency or program. Parcel: means a contiguous tract or plot of forest land owned by a landowner. See Maine Revised Statutes Title 12 Sec. 8868 Part-time deputy: means a deputy who is compensated under section 386, subsection 2, and who does not work more than the maximum amount allowed under that subsection in any one calendar or fiscal year while performing county law enforcement duties. See Maine Revised Statutes Title 30-A Sec. 351 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Patrol: means the regular and repeated circuit of the jurisdictional area as a method of deterring criminal activities, of observing or inspecting for possible violations or criminal activities, of providing for rapid response to calls for assistance and of maintaining order and the general peace. See Maine Revised Statutes Title 30-A Sec. 451 Permanent incapacity: means a guardian or conservator has been appointed by a court of competent jurisdiction to manage the affairs of an office holder. See Maine Revised Statutes Title 30-A Sec. 1 Person: includes one or more individuals, partnerships, associates, societies, trust or corporations. See Maine Revised Statutes Title 10 Sec. 1901 Person: means any individual, partnership, joint venture, corporation or other legal entity or any group of persons which acts as a tenancy in common or joint tenancy for ownership purposes and includes any government or any agency, bureau or commission thereof. See Maine Revised Statutes Title 12 Sec. 8423-A Person: means an individual, partnership or any group of persons, whether incorporated or not. See Maine Revised Statutes Title 7 Sec. 2173 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Presalvage and salvage harvesting: means the harvesting of trees vulnerable to damage. See Maine Revised Statutes Title 12 Sec. 8423-A Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. 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 Professional forester: means a person licensed pursuant to Title 32, chapter 76. See Maine Revised Statutes Title 12 Sec. 8868 Proper invoice: means an invoice for property, products or services deemed to be satisfactory in quality and quantity, in conformance with the request of the state agency and on which the amount due has been correctly calculated. See Maine Revised Statutes Title 5 Sec. 1552 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public: means a municipal, county or other governmental body that is a political subdivision within the State. See Maine Revised Statutes Title 5 Sec. 1660-D Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Pupil: means elementary or secondary school student. See Maine Revised Statutes Title 20-A Sec. 15001 Quorum: The number of legislators that must be present to do business. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Refiner: means any person who is engaged directly or indirectly or whose affiliate is engaged directly or indirectly in the refining of crude oil, including any person who is engaged directly or indirectly in the production of crude oil who contracts with another person to refine petroleum products for the purpose of resale. See Maine Revised Statutes Title 10 Sec. 1672 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 Regular employer: means a person doing business in or operating a business in the State. See Maine Revised Statutes Title 7 Sec. 2173 Related health and medical services: means all health or medical services utilizing state-administered funds, including Medicaid and health block grants. See Maine Revised Statutes Title 5 Sec. 1642 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. Report: means the State's social services report. See Maine Revised Statutes Title 5 Sec. 1642 Rescue: means those services required to free or save persons from imminent injury or death due to accidents or other emergencies. See Maine Revised Statutes Title 30-A Sec. 451 Retail outlet: means a service station or filling station used in the sale of motor fuel in the State, a sales office servicing retail customers by soliciting or accepting orders for the purchase of home heating oil to end users for consumption in the State, or a bulk storage facility or depot used in the sale of home heating oil to end users for consumption in the State. See Maine Revised Statutes Title 10 Sec. 1672 Retailer: means a person that sells motor fuel oil or home heating oil to an end user for consumption in the State. See Maine Revised Statutes Title 10 Sec. 1672 Risk pool: means utilizing and assessing risk factors for determining the need for an examination of an agreement. See Maine Revised Statutes Title 5 Sec. 1660-D Rule: means a duly-adopted regulation of general applicability promulgated by the Bureau of Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A Run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Maine Revised Statutes Title 10 Sec. 1901 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1 Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1 Separation zone: means an area that surrounds a clear-cut and separates it from other clear-cuts. See Maine Revised Statutes Title 12 Sec. 8868 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Shade trees: means trees grown, established or used to screen persons or grounds, structures, walks, pools or other similar objects from wind, sunlight, observation or sound. See Maine Revised Statutes Title 7 Sec. 2173 Social service: means any children's, youth, adult or elderly service and substance use disorder, community action, developmental disability, home-heating assistance, juvenile, mental health, intellectual disability, older Americans, poverty, rehabilitation, transportation, weatherization or other social service that may be defined in the future and that is operated by the departments or the division utilizing state-administered funds, including related health and medical services and income supplementation programs. See Maine Revised Statutes Title 5 Sec. 1642 Social service: means any social services program funded in whole or in part through an agreement issued by the department. See Maine Revised Statutes Title 5 Sec. 1660-D Special deputy: means a person appointed under section 382 who may exercise the powers of a deputy only when a state of war or emergency exists. See Maine Revised Statutes Title 30-A Sec. 351 Spruce budworm: means the insect of the species known as Choristoneura fumiferana, Clem. See Maine Revised Statutes Title 12 Sec. 8423-A Spruce budworm timber harvesting standards: means standards for presalvage and salvage harvesting of spruce and fir stands vulnerable to and subject to spruce budworm damage. See Maine Revised Statutes Title 12 Sec. 8423-A Stabilization fund: means the Maine Budget Stabilization Fund established in this chapter. See Maine Revised Statutes Title 5 Sec. 1531 State - administered funds: means all General Fund money, dedicated funds, federal funds, fees, grants, 3rd-party reimbursements, vendor payments or other funds or revenues available for expenditure by the departments or the division in support of the provision of a social service. See Maine Revised Statutes Title 5 Sec. 1642 State agency: means any body of State Government authorized by law to adopt rules, to issue licenses or to take final action in adjudicatory proceedings, including, but not limited to, every authority, board, bureau, commission, department or officer of the State Government so authorized; but the term does not include the Governor, courts, University of Maine System, Maine Maritime Academy, school districts, special purpose districts or municipalities, counties or other political subdivisions of the State. See Maine Revised Statutes Title 5 Sec. 1552 State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Takes down or fells: means the cutting for removal of any part of a tree by topping or sections or felling the tree whole. See Maine Revised Statutes Title 7 Sec. 2173 Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Theater: means any establishment in which motion pictures are exhibited to the public regularly for a charge. See Maine Revised Statutes Title 10 Sec. 1901 Timber harvesting: means the cutting or removal of trees or forest products that when cut or removed are transported to a roundwood processing operation, as defined in section 8881, subsection 10. See Maine Revised Statutes Title 12 Sec. 8868 Timber harvesting activities: means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. See Maine Revised Statutes Title 12 Sec. 8868 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Trade screening: means the showing of a motion picture by a distributor at some location within the metropolitan area in which is located a distributor's sales or film distributing facility serving the theater, which is open to any exhibitor interested in exhibiting the motion picture. See Maine Revised Statutes Title 10 Sec. 1901 Treats or cares for: means the pruning, trimming and shaping of trees when the care requires the person to leave the ground. See Maine Revised Statutes Title 7 Sec. 2173 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Wholesaler: means a person that sells motor fuel oil or home heating oil for resale through retail outlets and retailers. See Maine Revised Statutes Title 10 Sec. 1672 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72