Terms Used In Maine Revised Statutes > Title 18-C > Article 4 > Part 2 - Powers of Foreign Personal Representatives

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• 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
• 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
• 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
• 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.
• Decedent: A deceased person.
• 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
• 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.
• 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 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 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
• 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
• 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
• 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
• lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• 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
• 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
• Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
• 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
• 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.
• 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
• 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.
• 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 any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1272
• Personal property: All property that is not real property.
• Probate: Proving a will
• 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
• 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
• 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
• Residential structure: means a building used for human habitation as a seasonal or year-round residence. See Maine Revised Statutes Title 36 Sec. 573
• Softwood type: means forests in which pine, spruce, fir, hemlock, cedar and larch, singly or in combination, comprise 75% or more of the stocking. See Maine Revised Statutes Title 36 Sec. 573
• Stumpage value: means the average value of standing timber before it is cut expressed in terms of dollars per unit of measure as determined by the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 573
• Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111
• Training provider: means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter. See Maine Revised Statutes Title 38 Sec. 1272
• Value of the annual net wood production: means the average annual net wood production rate per acre for a forest type multiplied by the weighted average of the stumpage values of all species in the type. See Maine Revised Statutes Title 36 Sec. 573
• Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72