§ 5001 Short title
§ 5002 Intent
§ 5003 Definitions
§ 5004 Licensure of charitable organizations
§ 5005-A Records
§ 5005-B Annual fund-raising activity reports to be filed by charitable organizations
§ 5006 Exemptions from license requirements
§ 5008-A Licensure, license renewal and records kept by professional solicitors
§ 5008-B Annual fund-raising activity reports to be filed by professional solicitors
§ 5009 Retention of contracts
§ 5011 Public information
§ 5011-A Professional solicitor disclosure
§ 5012 Charitable solicitation disclosure
§ 5013 Unauthorized use of names
§ 5014 Violation as unfair trade practice
§ 5015-A Fees
§ 5017 Denial or refusal to renew license; disciplinary action
§ 5018 Rulemaking

Terms Used In Maine Revised Statutes > Title 9 > Part 13 > Chapter 385 - Charitable Solicitations Act

  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • 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.
  • Application: means a request, by any person specified in section 223, to the Governor of this State to make a requisition to the executive authority of another state for the extradition of a fugitive from justice. See Maine Revised Statutes Title 15 Sec. 201
  • Arrest: Taking physical custody of a person by lawful authority.
  • Average member of the critical group: means a member of the critical group who is subjected to the most likely exposure situation based on prudently conservative exposure assumptions and parameter values within the model calculations. See Maine Revised Statutes Title 38 Sec. 1451
  • 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.
  • Biomedical waste: means waste that may contain human pathogens of sufficient virulence and in sufficient concentrations that exposure to it by a susceptible human host could result in disease or that may contain cytotoxic chemicals used in medical treatment. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Bureau: means the Bureau of General Services within the Department of Administrative and Financial Services as authorized pursuant to Title 5, section 1742. See Maine Revised Statutes Title 38 Sec. 2101-A
  • By-product material: means :
A. See Maine Revised Statutes Title 38 Sec. 1451
  • Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
  • Class II liquid: means any liquid having a flash point at or above 100° Fahrenheit and below 140° Fahrenheit. See Maine Revised Statutes Title 38 Sec. 1303-C
  • commercial activities: includes any solid waste generated by retail and wholesale establishments, including, but not limited to, food waste, corrugated containerboard, metals and plastics. See Maine Revised Statutes Title 38 Sec. 1705
  • Commercial hazardous waste facility: means :
  • A. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compliance with a support order: means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
  • A. See Maine Revised Statutes Title 19-A Sec. 2101
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conveyance: means any aircraft, watercraft, vehicle or other machine used for transportation on land, water or in the air. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Critical group: means the group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set of circumstances. See Maine Revised Statutes Title 38 Sec. 1451
  • Decommissioning a nuclear power plant: 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 38 Sec. 1451
  • Demand: means the demand, as provided in section 203, by the executive authority of another state upon the Governor of this State for the extradition of a fugitive from justice. See Maine Revised Statutes Title 15 Sec. 201
  • Demolition and construction waste: means all solid waste generated in the demolition and construction of buildings and other structures, including stumps, brush, plaster, sheetrock, boards, bricks, mortar, concrete and roofing materials except asbestos. See Maine Revised Statutes Title 38 Sec. 1705
  • Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disposal: means the discharge, deposit, dumping, spilling, leaking or placing of hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage into or on land, air or water and the incineration of solid waste, refuse-derived fuel, sludge or septage so that the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage or a constituent of the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage may enter the environment or be emitted into the air, or discharged into waters, including ground waters. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water in a manner such that the solid waste, or any constituent of the solid waste, may enter the environment or be emitted into the air or discharged into any water, including ground waters. See Maine Revised Statutes Title 38 Sec. 1705
  • disposal district: means any district formed under this chapter. See Maine Revised Statutes Title 38 Sec. 1705
  • Disposal property: means property used for disposal. See Maine Revised Statutes Title 38 Sec. 1705
  • Donor: The person who makes a gift.
  • 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
  • Environmental impact statement: means any document prepared pursuant to or in compliance with the requirements of the United States National Environmental Policy Act of 1969, Section 102(2)(c), 83 Stat. See Maine Revised Statutes Title 38 Sec. 1451
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Executive authority: includes the Governor and any person performing the functions of governor in a state other than this State. See Maine Revised Statutes Title 15 Sec. 201
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fraud: Intentional deception resulting in injury to another.
  • Fugitive from justice: means :
  • A. See Maine Revised Statutes Title 15 Sec. 201
  • Generation: means the act or process of producing hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Generation: means the act or process of producing solid waste. See Maine Revised Statutes Title 38 Sec. 1705
  • Governor: includes any person performing the functions of Governor by authority of the law of this State. See Maine Revised Statutes Title 15 Sec. 201
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Handle: means to store, transfer, collect, separate, salvage, process, recycle, reduce, recover, incinerate, dispose of or treat. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Handle: means to store, transfer, collect, separate, salvage, process, reduce, recover, incinerate, treat or dispose of. See Maine Revised Statutes Title 38 Sec. 1705
  • Hazardous waste: means a waste substance or material, in any physical state, designated as hazardous by the board under section 1319?O. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Hazardous waste incinerator: means an enclosed device using controlled flame combustion to thermally break down hazardous waste. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • 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 isolation. See Maine Revised Statutes Title 38 Sec. 1451
  • High-level radioactive waste disposal: means the emplacement in a repository of high-level radioactive waste, spent nuclear fuel or other highly radioactive material with no foreseeable intent of recovery, whether or not that emplacement permits the recovery of that waste. See Maine Revised Statutes Title 38 Sec. 1451
  • High-level radioactive waste storage: means retention of high-level radioactive waste, spent nuclear fuel, or transuranic waste with the intent to recover that waste or fuel for subsequent use, processing or disposal. See Maine Revised Statutes Title 38 Sec. 1451
  • Incineration facility: means a facility that accepts municipal solid waste for consideration and disposes of the waste through combustion, including combustion for the generation of heat, steam or electricity. See Maine Revised Statutes Title 38 Sec. 2231
  • 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.
  • industrial activities: includes any solid waste generated by an industry as part of the production process. See Maine Revised Statutes Title 38 Sec. 1705
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Judicial officer: shall mean a justice, judge, justice of the peace, clerk of courts or other neutral person empowered by the laws of the demanding state to issue criminal process. See Maine Revised Statutes Title 15 Sec. 201
  • License: means a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry, and a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity, but does not mean a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9?B. See Maine Revised Statutes Title 19-A Sec. 2101
  • License: means a federal or state license, issued to a named person upon application to use, manufacture, produce, transfer, receive, acquire or possess quantities of, or devices or equipment utilizing, radioactive material. See Maine Revised Statutes Title 38 Sec. 1451
  • Low-level radioactive waste: means radioactive material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste or by-product material, as defined in the United States Code, title 42, § 2014(e)(2), the Atomic Energy Act of 1954, Section 11(e)(2); and that the United States Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste. See Maine Revised Statutes Title 38 Sec. 1451
  • Low-level radioactive waste disposal facility: means a facility for the isolation of low-level radioactive waste from the biosphere inhabited by people and their food chains. See Maine Revised Statutes Title 38 Sec. 1451
  • Low-level radioactive waste generator: means a person who produces or processes low-level radioactive waste, whether or not that waste is shipped off site. See Maine Revised Statutes Title 38 Sec. 1451
  • Low-level radioactive waste storage facility: means any facility for storage of low-level radioactive waste, except for temporary on-site storage prior to disposal. See Maine Revised Statutes Title 38 Sec. 1451
  • low-level waste licensee: means any person licensed by the State or Federal Government to generate, treat, store or dispose of low-level radioactive waste. See Maine Revised Statutes Title 38 Sec. 1451
  • Manifest: means the form used for identifying the quantity, composition and the origin, routing and destination of hazardous waste during its transport. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Medical support: means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise or for other medical costs not covered by insurance. See Maine Revised Statutes Title 19-A Sec. 1501
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipal officer: means municipal officer as defined in Title 30?A, section 2001, and includes the assessors of a plantation and county commissioners acting on behalf of the residents of any unorganized territory within their county under Title 30?A, chapter 305. See Maine Revised Statutes Title 38 Sec. 1705
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: means municipality as defined in Title 30?A, section 2001, and includes plantations and unorganized territories. See Maine Revised Statutes Title 38 Sec. 1705
  • 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.
  • Nuclear facility owner: means the owner of a nuclear power plant or decommissioned nuclear power plant in the State. See Maine Revised Statutes Title 38 Sec. 1451
  • Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101
  • Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101
  • Personal property: All property that is not real property.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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.
  • Radioactive material: means any material which emits ionizing radiation spontaneously. See Maine Revised Statutes Title 38 Sec. 1451
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonable cost: means the cost of private health insurance to the parent responsible for providing medical support that does not exceed amounts adopted by the Department of Health and Human Services in a rule implementing a cost-reasonableness standard. See Maine Revised Statutes Title 19-A Sec. 1501
  • Recycling establishment: means an establishment engaged in the marketing, brokering or purchasing of reportable recyclable materials generated in the State. See Maine Revised Statutes Title 38 Sec. 2101-A
  • 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
  • Reportable recyclable materials: means any of the following categories of recyclable materials that are separated from household, commercial or institutional waste and that are delivered to a recycling establishment for recycling: glass; cardboard, paper and paper products; plastic and plastic products; cartons, laminated materials and other packaging; nonferrous and ferrous metals, including white goods; textiles; and mixed streams of recyclable materials that include any combination of the materials listed in this subsection. See Maine Revised Statutes Title 38 Sec. 2101-A
  • repository: means any system licensed by the United States Nuclear Regulatory Commission that is intended to be used for, or may be used for, the permanent deep geologic disposal of high-level radioactive waste and spent nuclear fuel, whether or not the system is designed to permit the recovery, for a limited period during initial operation, of any materials placed in the system. See Maine Revised Statutes Title 38 Sec. 1451
  • Resource conservation: means the reduction of amounts of solid waste which is generated and the reduction of overall resource consumption. See Maine Revised Statutes Title 38 Sec. 1705
  • Resource recovery: means the recovery of materials or substances that still have useful physical or chemical properties after serving a specific purpose and can be reused or recycled for the same or other purposes and the conversion of waste to energy. See Maine Revised Statutes Title 38 Sec. 1705
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenues: means the proceeds of bonds, all revenues, rates, tolls, assessments, rents, tipping fees, transportation charges and other charges and receipts derived by the district from the operation of a waste facility and other properties, including, but not limited to, investment earnings and the proceeds of insurance, condemnation, sale or other disposition of properties, and must include proceeds from assessments where the power of assessment has been granted to the district under section 1755. See Maine Revised Statutes Title 38 Sec. 1705
  • Site: means the same or geographically contiguous property which may be divided by a public or private right-of-way, as long as the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. See Maine Revised Statutes Title 38 Sec. 1303-C
  • site closure: means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance and monitoring are necessary at the site, following termination of licensed operation. See Maine Revised Statutes Title 38 Sec. 1451
  • Solid waste: means useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing, including, but not limited to, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse, but does not include hazardous waste, biomedical waste, septage or agricultural wastes. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Solid waste: includes fuel, whether solid, liquid or gas, derived from materials such as those listed. See Maine Revised Statutes Title 38 Sec. 2231
  • Solid waste: means useless, unwanted or discarded, nonhazardous solid materials with insufficient liquid content to be free flowing, including, but not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse. See Maine Revised Statutes Title 38 Sec. 1705
  • Source material: means :
  • A. See Maine Revised Statutes Title 38 Sec. 1451
  • Source material mill tailings: means the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface waste resulting from underground solution extraction processes, but not including underground ore bodies depleted by those solution extraction processes. See Maine Revised Statutes Title 38 Sec. 1451
  • Special nuclear material: means :
  • A. See Maine Revised Statutes Title 38 Sec. 1451
  • Spent nuclear fuel: means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. See Maine Revised Statutes Title 38 Sec. 1451
  • state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Storage: means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Substantially expand: means the expansion of an existing licensed hazardous waste facility by more than 25%, as measured by volume of waste or affected land area, from the date of its initial licensed operation. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Summons: Another word for subpoena used by the criminal justice system.
  • Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 19-A Sec. 2101
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tipping fee: means any fee, rate, toll or other charge that an incineration facility charges for disposal of solid waste from the facility's customers. See Maine Revised Statutes Title 38 Sec. 2231
  • Transport: means the movement of hazardous or solid waste, waste oil, sludge or septage from the point of generation to any intermediate points and finally to the point of ultimate disposition. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Transport: means the movement of solid waste from the point of generation to any intermediate points and finally to the point of ultimate disposition. See Maine Revised Statutes Title 38 Sec. 1705
  • Transuranic waste: means radioactive waste containing alpha-emitting transuranic elements with radioactive half-lives greater than 5 years, in excess of 10 nanocuries per gram. See Maine Revised Statutes Title 38 Sec. 1451
  • Treatment: means any process, including but not limited to incineration, designed to change the character or composition of any hazardous waste, waste oil or biomedical waste so as to render the waste less hazardous or infectious. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Used oil: means waste oil, as defined in subsection 42. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Used oil collection center: means a site or facility where used oil is accepted from the public and collected or stored in an aboveground tank for recycling. See Maine Revised Statutes Title 38 Sec. 1303-C
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Waste facility: means any land area, structure, location, equipment or combination of them, including dumps, used for handling hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Waste facility: means any land area, structure, location or equipment, or combination of them, including landfills, used for handling solid waste and for resource conservation and resource recovery, when utilized. See Maine Revised Statutes Title 38 Sec. 1705
  • Waste management: means purposeful, systematic and unified control of the handling, transportation and disposal of solid waste. See Maine Revised Statutes Title 38 Sec. 1705
  • Waste management: means purposeful, systematic and unified control of the handling and transportation of hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Waste oil: means a petroleum-based or synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Waste source: means any entity that pays a tipping fee to an incineration facility. See Maine Revised Statutes Title 38 Sec. 2231
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Yard waste: means grass clippings, leaves and brush. See Maine Revised Statutes Title 38 Sec. 1705