Maine Revised Statutes > Title 10 > Part 3 > Chapter 214-A – Recreational Vehicle Manufacturers, Distributors and Dealers
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Terms Used In Maine Revised Statutes > Title 10 > Part 3 > Chapter 214-A - Recreational Vehicle Manufacturers, Distributors and Dealers
- Academic programming agreement: means an agreement between an interim program and a responsible school through which the responsible school agrees to accept the academic programming, credits and documentation of achievement of standards completed by a student in the interim program. See Maine Revised Statutes Title 20-A Sec. 5161
- Adviser: means a person who, at the request of the issuer, a confirmer or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed or amended. See Maine Revised Statutes Title 11 Sec. 5-1102
- 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.
- Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
- Alternative education program: means a program in which the primary purpose is to provide at-risk students with curricula and assessment in a setting designed to effectively meet the student's academic, social and relational needs. See Maine Revised Statutes Title 20-A Sec. 1
- Alternative learning: means an educational option that a public school or publicly supported program offers at-risk students by offering some combination of the following: alternative education programs; small class size; flexible scheduling; relevant alternative curricula and assessment; mentoring adults; skilled teachers; a focus on social, emotional and relationship skills; collaboration among home, school and social service agencies; and any other measures designed to accommodate the needs of at-risk students. See Maine Revised Statutes Title 20-A Sec. 1
- Applicant: means a person at whose request or for whose account a letter of credit is issued. See Maine Revised Statutes Title 11 Sec. 5-1102
- Area of sales responsibility: means the geographical area agreed to by the dealer and the manufacturer in the dealer agreement within which the dealer has the exclusive right to display the manufacturer's new recreational vehicles of a particular line make to the retail public. See Maine Revised Statutes Title 10 Sec. 1432
- 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.
- 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 who under the terms of a letter of credit is entitled to have its complying presentation honored. See Maine Revised Statutes Title 11 Sec. 5-1102
- borrower: means any resident of this State who has received or agreed to pay a private education loan for the borrower's own education expenses. See Maine Revised Statutes Title 9-A Sec. 16-101
- Camping trailer: means a trailer constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use. See Maine Revised Statutes Title 10 Sec. 1432
- Community provider: means a governmental or nongovernmental entity that provides services to students or families, including but not limited to temporary and permanent housing, case management, immigration and language services and social, behavioral health, occupational training and legal services. See Maine Revised Statutes Title 20-A Sec. 5161
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Confirmer: means a nominated person who undertakes, at the request or with the consent of the issuer, to honor a presentation under a letter of credit issued by another. See Maine Revised Statutes Title 11 Sec. 5-1102
- Cosigner: includes an individual whose signature is requested as a condition to grant credit or forbear a collection. See Maine Revised Statutes Title 9-A Sec. 16-101
- Cosigner release: means the release of the obligations of a cosigner on a private education loan. See Maine Revised Statutes Title 9-A Sec. 16-101
- Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
- Creditor: means :
A. See Maine Revised Statutes Title 9-A Sec. 16-101Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means a person, firm, corporation or business entity licensed or required to be licensed under Title 29?A, including a recreational vehicle dealer to whom a dealer agreement is offered or granted. See Maine Revised Statutes Title 10 Sec. 1432 Dealer agreement: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a recreational vehicle dealer a license to use a trade name, service mark or related characteristic and in which there is a community of interest in the marketing of recreational vehicles or services related to recreational vehicles at wholesale, retail or leasing. See Maine Revised Statutes Title 10 Sec. 1432 Department of Education diploma: means a diploma awarded under section 257?A. See Maine Revised Statutes Title 20-A Sec. 5161 Designated family member: means the spouse, child, grandchild, parent, brother or sister of the owner of a new recreational vehicle dealer who, in the case of the owner's death, is entitled to inherit the ownership interest in the new recreational vehicle dealership under the terms of the owner's will or who, in the case of an incapacitated owner of a new recreational vehicle dealership, has been appointed by a court as the legal representative of the new recreational vehicle dealer's property. See Maine Revised Statutes Title 10 Sec. 1432 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Distributor branch: means a branch office maintained by a distributor or wholesaler that sells or distributes new or used recreational vehicles to recreational vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1432 Distributor representative: means a representative employed by a distributor branch, distributor or wholesaler. See Maine Revised Statutes Title 10 Sec. 1432 Document: means a written draft or other demand, document of title, investment security, certificate, invoice or other record, statement or representation of fact, law, right or opinion that:
(i) Is presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in section 5?1108, subsection (5); and
(ii) Is capable of being examined for compliance with the terms and conditions of the letter of credit. See Maine Revised Statutes Title 11 Sec. 5-1102dropout: means any person who has withdrawn for any reason except death, or been expelled from school before graduation or completion of a program of studies and who has not enrolled in another educational institution or program. See Maine Revised Statutes Title 20-A Sec. 5102 Education disruption: means disruption of the educational program of an elementary or secondary school student as a result of:
A. See Maine Revised Statutes Title 20-A Sec. 5161Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC Executor: A male person named in a will to carry out the decedent Factory branch: means a branch maintained by a manufacturer that manufactures or assembles recreational vehicles for sale to distributors or recreational vehicle dealers or that is maintained for directing and supervising the representatives of the manufacturer. See Maine Revised Statutes Title 10 Sec. 1432 Factory campaign: means an effort on the part of a warrantor to contact recreational vehicle dealers or owners in order to address a part or equipment issue. See Maine Revised Statutes Title 10 Sec. 1432 Factory representative: means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of recreational vehicles or for contracting with, supervising, servicing, or instructing or contracting recreational vehicle dealers or prospective recreational vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1432 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 Fifth-wheel trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits and designed to be towed by a motor vehicle that contains a towing mechanism mounted above or forward of the tow vehicle's rear axle. See Maine Revised Statutes Title 10 Sec. 1432 Folding camping trailer: means a vehicle mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold to provide temporary living quarters for recreational, camping or travel use. See Maine Revised Statutes Title 10 Sec. 1432 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 Foster care placement: means placement of a child in substitute 24-hour care for children placed away from their parents or guardians and for whom the child placing agency has placement and care responsibility, including, but not limited to, placement in a family foster home, foster home of a relative, group home, emergency shelter, residential facility, child care institution or preadoptive home. See Maine Revised Statutes Title 20-A Sec. 5161 Fraud: includes , in addition to its normal legal connotation, a misrepresentation in any manner, whether intentionally false or due to gross negligence of a material fact, a promise or representation not made honestly and in good faith and an intentional failure to disclose a material fact. See Maine Revised Statutes Title 10 Sec. 1432 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 in the conduct or transaction concerned. See Maine Revised Statutes Title 11 Sec. 5-1102 Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. See Maine Revised Statutes Title 10 Sec. 1432 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Immigrant student: means a student who was not born in any state or territory of the United States, including the District of Columbia and the Commonwealth of Puerto Rico, and has not attended one or more schools in any one or more states or territories for more than 3 full academic years in the aggregate. See Maine Revised Statutes Title 20-A Sec. 5161 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interim program: means :
A. See Maine Revised Statutes Title 20-A Sec. 5161Issuer: means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family or household purposes. See Maine Revised Statutes Title 11 Sec. 5-1102 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Learning results: means the system of learning results established pursuant to section 6209. See Maine Revised Statutes Title 20-A Sec. 5161 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 lender: means any person engaged in the business of securing, making or extending private education loans or any holder of a private education loan. See Maine Revised Statutes Title 9-A Sec. 16-101 Letter of credit: means a definite undertaking that satisfies the requirements of section 5?1104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value. See Maine Revised Statutes Title 11 Sec. 5-1102 Line make: means a specific series of recreational vehicles that:
A. See Maine Revised Statutes Title 10 Sec. 1432Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Manufacturer: includes distributor or wholesaler, distributor branch, distributor representative, factory branch and factory representative. See Maine Revised Statutes Title 10 Sec. 1432 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 Migrant student: means a student who has been identified as a migratory child by the United States Department of Education's migrant education program with a certificate of eligibility pursuant to the federal Every Student Succeeds Act, 20 United States Code, Chapter 70, Subchapter 1, Part C and related regulations. See Maine Revised Statutes Title 20-A Sec. 5161 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Motor home: means a motor vehicle designed to provide temporary living quarters for recreational, camping or travel use that contains at least 4 of the following as permanently installed independent systems that meet the National Fire Protection Association standard for recreational vehicles:
A. See Maine Revised Statutes Title 10 Sec. 1432New recreational vehicle: means a recreational vehicle that has not been previously sold to any person except a distributor or wholesaler or recreational vehicle dealer for resale. See Maine Revised Statutes Title 10 Sec. 1432 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. Nominated person: means a person whom the issuer:
(i) Designates or authorizes to pay, accept, negotiate or otherwise give value under a letter of credit; and
(ii) Undertakes by agreement or custom and practice to reimburse. See Maine Revised Statutes Title 11 Sec. 5-1102Original creditor: means the private education lender identified in a promissory note, loan agreement or loan contract entered into with a private education loan borrower or cosigner. See Maine Revised Statutes Title 9-A Sec. 16-101 person: includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1432 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. Presentation: means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit. See Maine Revised Statutes Title 11 Sec. 5-1102 Presenter: means a person making a presentation as or on behalf of a beneficiary or nominated person. See Maine Revised Statutes Title 11 Sec. 5-1102 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 Private education loan: means an extension of credit that is extended to a consumer expressly, in whole or in part, for postsecondary education expenses, regardless of whether the loan is provided by the education institution that the student attends, and that is not made, insured or guaranteed under the federal Higher Education Act of 1965, 20 United States Code, Chapter 28, Subchapter IV. See Maine Revised Statutes Title 9-A Sec. 16-101 Private education loan collection action: means any judicial action in which a claim is asserted to collect on a defaulted private education loan. See Maine Revised Statutes Title 9-A Sec. 16-101 Private education loan collector: means a person collecting or attempting to collect on a defaulted private education loan. See Maine Revised Statutes Title 9-A Sec. 16-101 Proprietary part: means a part manufactured by or for the manufacturer and sold exclusively by the manufacturer. See Maine Revised Statutes Title 10 Sec. 1432 Publicly supported secondary school: means :
A. See Maine Revised Statutes Title 20-A Sec. 1Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 11 Sec. 5-1102 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 Recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers. See Maine Revised Statutes Title 10 Sec. 1432 Recreational vehicle dealer: means any person who sells or solicits or advertises the sale of new recreational vehicles. See Maine Revised Statutes Title 10 Sec. 1432 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 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. Responsible school: means the school responsible for developing or updating a school work recognition plan. See Maine Revised Statutes Title 20-A Sec. 5161 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation or mortgage in any form, whether by transfer in trust or otherwise, of any recreational vehicle or interest in a recreational vehicle or of any dealer agreement related to a recreational vehicle and any option, subscription or other contract, or solicitation looking to a sale, or any offer or attempt to sell in any form, whether spoken or written. See Maine Revised Statutes Title 10 Sec. 1432 School work recognition plan: means a written document, developed and updated in collaboration among the responsible school, the student, the student's parents or guardians, previous schools the student attended, interim programs the student attended and other relevant agencies, that outlines how a student who is experiencing, or who has experienced, an education disruption is making and is demonstrating progress toward achievement of learning results. See Maine Revised Statutes Title 20-A Sec. 5161 Service of process: The service of writs or summonses to the appropriate party. Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Student: means an elementary school or secondary school student. See Maine Revised Statutes Title 20-A Sec. 5161 Student experiencing homelessness: means a student who has been identified by a school administrative unit as a homeless child or youth as defined in the federal McKinney-Vento Homeless Assistance Act, 42 United States Code, Chapter 119. See Maine Revised Statutes Title 20-A Sec. 5161 Successor of a beneficiary: means a person who succeeds to substantially all of the rights of a beneficiary by operation of law, including a corporation with or into which the beneficiary has been merged or consolidated, an administrator, executor, personal representative, trustee in bankruptcy, debtor in possession, liquidator and receiver. See Maine Revised Statutes Title 11 Sec. 5-1102 Supplier: means a person, firm, corporation or business entity that engages in the manufacture of recreational vehicle parts, accessories or components. See Maine Revised Statutes Title 10 Sec. 1432 Total and permanent disability: means the condition of an individual who:
A. See Maine Revised Statutes Title 9-A Sec. 16-101Trailer: means a vehicle without motive power and mounted on wheels, designed to carry persons or property and to be drawn by a motor vehicle and not operated on tracks. See Maine Revised Statutes Title 10 Sec. 1432 Transient customer: means a customer who is temporarily traveling through an area of sales responsibility. See Maine Revised Statutes Title 10 Sec. 1432 Travel trailer: means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits when towed by a motor vehicle. See Maine Revised Statutes Title 10 Sec. 1432 Truck camper: means a portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a truck. See Maine Revised Statutes Title 10 Sec. 1432 Trustee: A person or institution holding and administering property in trust. Venue: The geographical location in which a case is tried. Warrantor: means a person, firm, corporation or business entity, including a manufacturer or supplier, that provides a written warranty to the customer in connection with a new recreational vehicle or parts, accessories or components of a new recreational vehicle. See Maine Revised Statutes Title 10 Sec. 1432 wholesaler: means any person that sells or distributes new or used recreational vehicles to recreational vehicle dealers or that maintains distributor representatives within this State. See Maine Revised Statutes Title 10 Sec. 1432