Maine Revised Statutes > Title 23 > Part 7 – Railroads
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Terms Used In Maine Revised Statutes > Title 23 > Part 7 - Railroads
- accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
- Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- 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
- Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the meaning of this subchapter. See Maine Revised Statutes Title 7 Sec. 1042
- 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.
- Affidavit warrant: means a warrant issued in response to a properly sworn charging instrument or affidavit, or both, based on probable cause to believe that an individual has committed a crime. See Maine Revised Statutes Title 15 Sec. 651
- Agricultural seeds: shall include the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this State as agricultural or field seeds, and mixtures of such seeds, except seeds of cereals grown in Maine and sold directly from grower to grower and not labeled as seed. See Maine Revised Statutes Title 7 Sec. 1042
- Alias name: means an alternative name, a pseudonym or a placeholder name. See Maine Revised Statutes Title 15 Sec. 651
- Alternative name: means a name used by an individual instead of or in addition to the individual's legal name. See Maine Revised Statutes Title 15 Sec. 651
- 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.
- Appeals board: means the Maine Library Commission acting, on request from interested citizens, as a board of review for decisions made concerning the State's library plan. See Maine Revised Statutes Title 27 Sec. 110
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Apprentice: means a person who is at least 16 years of age, except when a higher minimum age standard of 18 years of age is otherwise fixed by law or a sponsor, who is employed to learn an apprenticeable occupation that is approved by the department and who is registered with the Maine Apprenticeship Program. See Maine Revised Statutes Title 26 Sec. 3201
- Apprenticeable occupation: means an occupation that is specified by industry and that:
A. See Maine Revised Statutes Title 26 Sec. 3201Apprenticeship agreement: means a written agreement between an apprentice and a sponsor or employer that contains the terms and conditions of the employment and training of the apprentice. See Maine Revised Statutes Title 26 Sec. 3201 apprenticeship cohort: means the group of apprentices registered to a specific apprenticeship program during a one-year time frame, except that "apprenticeship cohort" does not include the apprentices whose apprenticeship agreement has been cancelled during the probationary period as described in section 3205, subsection 8. See Maine Revised Statutes Title 26 Sec. 3201 Apprenticeship committee: means those persons designated by a sponsor to administer an apprenticeship program. See Maine Revised Statutes Title 26 Sec. 3201 Apprenticeship program: means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including such matters as the requirement for an apprenticeship agreement, a schedule of work experience outlining the skills to be learned on the job, a schedule of related instruction courses necessary to supplement the on-the-job learning and a schedule of progressively increasing wages to be paid to an apprentice consistent with the skill proficiencies achieved and leading toward a journeyman wage rate. See Maine Revised Statutes Title 26 Sec. 3201 Area reference and resource center: means a large public, school or academic library designated by the State Librarian and receiving state aid for the purposes of making its resources and services available without charge to all residents within a library region, of providing supplementary library services to local libraries within the library region and of coordinating the services of all local libraries within the library region that by contract become part of the library region. See Maine Revised Statutes Title 27 Sec. 110 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. Assigned justice or judge: means the Justice or Active Retired Justice of the Supreme Judicial Court, the Justice or Active Retired Justice of the Superior Court or the judge authorized to sit in the Superior Court on post-conviction review cases who is assigned the post-conviction review proceeding when a special assignment has been made. See Maine Revised Statutes Title 15 Sec. 2121 Associated organization: means any organization in which a Legislator or a member of the Legislator's immediate family is a managerial employee, director, officer or trustee or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity. See Maine Revised Statutes Title 1 Sec. 1012 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Authority: means the Northern New England Passenger Rail Authority and any successors to that authority. See Maine Revised Statutes Title 23 Sec. 8002 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. Bench warrant: means an arrest warrant issued by an authorized judicial officer that directs a law enforcement officer to seize or detain an individual and includes the following types of arrest warrants:
A. See Maine Revised Statutes Title 15 Sec. 651Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001 Benefit cliff effect: means the situation that arises when an individual or family receiving state, federal or local public benefits has a new or increased income that results in a loss of any of those public benefits and the increased income does not fully compensate for, or exceed, the financial loss of those public benefits. See Maine Revised Statutes Title 26 Sec. 3801 Board: means the Logging Dispute Resolution Board established in section 3702. See Maine Revised Statutes Title 26 Sec. 3701 Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Budget failure: means the failure of a region, by August 1st of any fiscal year, to approve a budget for the region that is at least equal to the sum of the total allocations for career and technical education of the member school administrative units in the region. See Maine Revised Statutes Title 20-A Sec. 8301-A Career and technical education: means a course or program of education designed to create or improve job-related skills that is part of a secondary school or middle school level curriculum and approved by the commissioner according to this chapter. See Maine Revised Statutes Title 20-A Sec. 8301-A Career ladder: means a clear sequence of education course work or training that is aligned with an identified series of positions, work experiences or educational benchmarks or training credentials that offer occupational and financial advancement within a specified career field or related fields over time. See Maine Revised Statutes Title 26 Sec. 3302 Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Civil forfeiture: The loss of ownership of property used to conduct illegal activity. Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 5 Sec. 17001 CODIS: means the Federal Bureau of Investigation's national DNA identification index system that allows for storage and exchange of DNA records submitted by state and local forensic DNA laboratories and is derived from the Combined DNA Index System. See Maine Revised Statutes Title 15 Sec. 2136 Collaborative: means the Industry Partnership Assistance Collaborative established in section 3301. See Maine Revised Statutes Title 26 Sec. 3302 Commission: means the Commission on Governmental Ethics and Election Practices. See Maine Revised Statutes Title 1 Sec. 1012 Commission: means the Commission on Governmental Ethics and Election Practices. See Maine Revised Statutes Title 1 Sec. 1051 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. Communication common carrier: means any telephone or telegraph company. See Maine Revised Statutes Title 15 Sec. 709 Community school district: means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. See Maine Revised Statutes Title 20-A Sec. 1 Competency: means the attainment of manual, mechanical or technical skills and knowledge, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement. See Maine Revised Statutes Title 26 Sec. 3201 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Completion rate: means the percentage of an apprenticeship cohort that receives a certificate of completion of apprenticeship within one year of the projected completion date. See Maine Revised Statutes Title 26 Sec. 3201 Construction employer: means a person constructing a generation facility in this State who hires any person to construct that generation facility. See Maine Revised Statutes Title 26 Sec. 3501 Contempt warrant: means a bench warrant issued by a judicial order:
A. See Maine Revised Statutes Title 15 Sec. 651Contents: when used with respect to any wire or oral communication, means any information concerning the identity of the parties to such communication or the existence, contents, substance, purport or meaning of that communication. See Maine Revised Statutes Title 15 Sec. 709 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. 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. Counterclaim: A claim that a defendant makes against a plaintiff. Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001 Crime lab: means the Maine State Police Crime Laboratory located in Augusta. See Maine Revised Statutes Title 15 Sec. 2136 Criminal judgment: means a judgment of conviction of a crime, the orders of adjudication and disposition in a juvenile case and a judgment of not criminally responsible by reason of insanity. See Maine Revised Statutes Title 15 Sec. 2121 Cross-contamination: means the unintentional transfer and incorporation of genetic material between a genetically engineered crop, by cross-pollination or other means, and a nongenetically engineered crop or a wild plant population. See Maine Revised Statutes Title 7 Sec. 1051 Customized employment: means employment acquired as a result of implementation of a flexible blend of strategies, services and supports designed to increase employment options for job seekers with complex needs through voluntary negotiation of the employment relationship with the employer. See Maine Revised Statutes Title 26 Sec. 3402 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 2131 Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 3201 Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 3501 Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 5 Sec. 17001 Dependent: A person dependent for support upon another. Devise: To gift property by will. Disability: means a physical or mental disability as defined in Title 5, section 4553?A. See Maine Revised Statutes Title 26 Sec. 3402 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: DNA: means deoxyribonucleic acid. See Maine Revised Statutes Title 15 Sec. 2136 DNA analysis: means DNA typing tests that derive identification information specific to a person from that person's DNA. See Maine Revised Statutes Title 15 Sec. 2136 DNA record: means DNA identification information obtained from DNA analysis and stored in the state DNA data base or CODIS. See Maine Revised Statutes Title 15 Sec. 2136 DNA sample: means a blood sample provided by a person convicted of one of the offenses listed in this chapter or submitted to the crime lab for analysis pursuant to a criminal investigation. See Maine Revised Statutes Title 15 Sec. 2136 Docket: A log containing brief entries of court proceedings. Earnable compensation: includes :
(1) Workers' compensation benefits;
(2) Maintenance, if any;
(3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and
(4) Pick-up contributions. See Maine Revised Statutes Title 5 Sec. 17001Education: means the process of imparting knowledge or skill through systematic instruction, but not necessarily formal classroom instruction. See Maine Revised Statutes Title 26 Sec. 2101 Educational programs: means the State's elementary and secondary schools, career and technical education centers, adult education programs, the Maine Community College System, the Maine Maritime Academy and the University of Maine System and other training providers that have been approved to provide training by the Department of Labor under the federal Workforce Innovation and Opportunity Act, Public Law 113-128. See Maine Revised Statutes Title 26 Sec. 3302 Electronic media: means media that use electronics or electromechanical energy for the end user to access content and includes, but is not limited to, electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks and the physical movement of removable or transportable electronic media and interactive distance learning. See Maine Revised Statutes Title 26 Sec. 3201 Eligible veteran: means :
A. See Maine Revised Statutes Title 26 Sec. 2131Employee: means a person in any employment position, including public or private employment, employment with a nonprofit, religious, charitable or educational organization, or any other compensated service under an expressed, implied, oral or written contract for hire, but does not include a self-employed person. See Maine Revised Statutes Title 1 Sec. 1012 Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Employer: means a person or organization employing an apprentice, whether or not the person or organization is a party to an apprenticeship agreement with the apprentice. See Maine Revised Statutes Title 26 Sec. 3201 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. Ex officio: Literally, by virtue of one's office. Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Federal purposes: includes any federal contract, grant, agreement or arrangement dealing with apprenticeship and any federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference or right pertaining to apprenticeship. See Maine Revised Statutes Title 26 Sec. 3201 Financially responsible person: means a financially responsible person, as defined in the United States Code, title 49, § 10910(a), who intends to acquire, lease or contract to operate all or part of the railroad line in question. See Maine Revised Statutes Title 23 Sec. 7152 Fire department: means a municipal fire department, as defined in Title 30?A, section 3151, subsection 1, or a volunteer fire association, as defined in Title 30?A, section 3151, subsection 3. See Maine Revised Statutes Title 26 Sec. 2101 Firefighter: means a municipal firefighter, as defined in Title 30?A, section 3151, subsection 2, or a volunteer firefighter, as defined in Title 30?A, section 3151, subsection 4. See Maine Revised Statutes Title 26 Sec. 2101 First and preferred service or support option: means the first employment service option that is offered by a state agency, prior to the offer of other supports or services, including day services. See Maine Revised Statutes Title 26 Sec. 3402 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. Floor leaders: The Majority Leader and Minority Leader are elected by their respective party conferences to serve as the chief Senate spokesmen for their parties and to manage and schedule the legislative and executive business of the Senate. By custom, the Presiding Officer gives the floor leaders priority in obtaining recognition to speak on the floor of the Senate. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Forest land: means land used primarily for growth of trees to be harvested for commercial use. See Maine Revised Statutes Title 26 Sec. 3701 Forest landowner: means a person that owns or possesses economic control over more than 50,000 acres of forest land. See Maine Revised Statutes Title 26 Sec. 3701 Forest products harvester or hauler: means an individual who qualifies as an independent contractor under section 1043, subsection 11, paragraph E and who is engaged in harvesting or hauling trees from forest land for a forest landowner. See Maine Revised Statutes Title 26 Sec. 3701 Fraud: Intentional deception resulting in injury to another. FTA warrant: means a bench warrant issued for failure of an individual to appear in court as required by a criminal summons or other court order requiring an individual to appear for a court hearing. See Maine Revised Statutes Title 15 Sec. 651 FTP warrant: means a bench warrant issued for failure of an individual to pay a fine, as described in Title 14, section 3141, as ordered by the issuing court. See Maine Revised Statutes Title 15 Sec. 651 Generation facility: means a facility for the generation of electricity that has an installed capacity of 2 megawatts or more, other than a facility located on the customer side of an electric meter. See Maine Revised Statutes Title 26 Sec. 3501 Genetically engineered: means the application of in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid and direct injection of nucleic acid into cells or organelles, or the fusion of cells beyond the taxonomic family, that overcome natural physiological reproductive or recombinant barriers and that are not techniques used in traditional breeding and selection. See Maine Revised Statutes Title 7 Sec. 1051 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government agency: includes any department, agency, commission, bureau, authority, instrumentality and political subdivision of:
A. See Maine Revised Statutes Title 23 Sec. 8002Governor-elect: means the candidate for the office of Governor elected at the most recent general election. See Maine Revised Statutes Title 1 Sec. 1051 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. 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-priority occupations: means those occupations identified on a list published annually by the Center for Workforce Research and Information pursuant to section 3303, subsection 5. See Maine Revised Statutes Title 26 Sec. 3302 Immediate family: means a Legislator's spouse, domestic partner or dependent children. See Maine Revised Statutes Title 1 Sec. 1012 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. Income: means economic gain to a person from any source, including, but not limited to, compensation for services, including fees, commissions and payments in kind; gross income derived from business; gross income derived from dealings in property, rents and royalties; gross income from investments including interest, capital gains and dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; distributions from a partnership or limited liability company; gross income from an interest in an estate or trust; prizes; and grants, but does not include gifts or honoraria. See Maine Revised Statutes Title 1 Sec. 1012 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. Industry cluster: means a group of employers closely linked by a common product or services, workforce needs, similar technologies, supply chains or other industry sector factors. See Maine Revised Statutes Title 26 Sec. 3302 Industry partnership: means a workforce collaboration that brings together multiple employers and employees, or employee representatives when appropriate, in the same industry cluster to address common workforce needs. See Maine Revised Statutes Title 26 Sec. 3302 Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Integrated community-based employment: means employment in the competitive labor market that is performed on a full-time or part-time basis in the general community or through self-employment and for which a person with a disability is compensated at or above the minimum wage but not less than the prevailing wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities. See Maine Revised Statutes Title 26 Sec. 3402 Intercept: means to hear, record or aid another to hear or record the contents of any wire or oral communication through the use of any intercepting device by any person other than:
A. See Maine Revised Statutes Title 15 Sec. 709Intercepting device: means any device or apparatus which can be used to intercept a wire or oral communication other than:
A. See Maine Revised Statutes Title 15 Sec. 709Interim credential: means a credential issued by the department to document attainment of certain benchmarks toward completion of an apprenticeship. See Maine Revised Statutes Title 26 Sec. 3201 Jail investigative officer: means an employee of a jail designated by the jail administrator as having the authority to conduct investigations of crimes relating to the security or orderly management of the jail and engage in any other activity that is related to the administration of criminal justice as defined in Title 16, section 703, subsection 1 for the purposes of the Criminal History Record Information Act or as defined in Title 16, section 803, subsection 2 for the purposes of the Intelligence and Investigative Record Information Act. See Maine Revised Statutes Title 15 Sec. 709 Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation. Journeyman: includes a mentor, technician, specialist or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training, as determined by the sponsor. See Maine Revised Statutes Title 26 Sec. 3201 Juror: A person who is on the jury. Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts Juvenile warrant: means a bench warrant issued in order to detain a juvenile pursuant to section 3202. See Maine Revised Statutes Title 15 Sec. 651 Labeling: includes all labels and other written, printed or graphic representations, in any form whatsoever, accompanying and pertaining to any seed whether in bulk or in containers, and includes invoices. See Maine Revised Statutes Title 7 Sec. 1042 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 Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant). lines: means the right-of-way, track, track appurtenances, ties, bridges, station houses and other appurtenant structures. See Maine Revised Statutes Title 23 Sec. 8002 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Local entering agency: means a local law enforcement agency designated by the district attorney within a prosecutorial district, with the approval of the Chief Judge of the District Court. See Maine Revised Statutes Title 15 Sec. 651 Local library board: means the body which has the authority to give administrative direction or advice to a library through its librarian. See Maine Revised Statutes Title 27 Sec. 110 Maine Apprenticeship Council: means the Maine Apprenticeship Council under section 3209. See Maine Revised Statutes Title 26 Sec. 3201 Maine Apprenticeship Program: means the Maine Apprenticeship Program established in section 3202. See Maine Revised Statutes Title 26 Sec. 3201 Maine Library Advisory Council: means an advisory body representing a constituency of participating libraries from all geographical library regions, as described in section 114-A. See Maine Revised Statutes Title 27 Sec. 110 Maine State Library consultant or specialist: means an individual who acts as a general library consultant or specialist to one or more library regions. See Maine Revised Statutes Title 27 Sec. 110 Maine State Police wanted database: means the database of warrants and other information maintained by the Maine State Police. See Maine Revised Statutes Title 15 Sec. 651 Maine telecommunications and routing operations system: means the interagency communications system maintained and operated by the Maine State Police. See Maine Revised Statutes Title 15 Sec. 651 Manufacturer: means a person that produces or commercializes a genetically engineered plant part, seed or plant, not including a farm operation as defined in section 152, subsection 6. See Maine Revised Statutes Title 7 Sec. 1051 Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 Minority: when used in reference to age shall mean under the age of 18. 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 National certification: means a credential from a national organization or national board that evaluates the qualifications and competency of individuals to practice in a specific occupation and includes but is not limited to a credential issued following passage of an examination administered by the organization or board. See Maine Revised Statutes Title 26 Sec. 2131 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. Normal retirement age: means the specified age, the years of service requirement or any combination of age and years of service requirements at which a member becomes eligible for retirement benefits and at which those benefits may not be reduced under section 17852, subsection 3 or 3?A; section 17852, subsection 10, paragraph C; and section 18452, subsection 3. See Maine Revised Statutes Title 5 Sec. 17001 Oath: A promise to tell the truth. Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Off-system railroad: includes any railroad not connected to the national rail system and not regulated by the Federal Railroad Administration or its successors. See Maine Revised Statutes Title 23 Sec. 5001 Oral communications: means any oral communications uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation. See Maine Revised Statutes Title 15 Sec. 709 Other judicial warrant: means a warrant, other than a bench warrant, issued by the Supreme Judicial Court, Superior Court, District Court or Probate Court, pursuant to statute or common law, including, but not limited to, civil orders of arrest and warrants for failure to respond to a subpoena or for jury duty. See Maine Revised Statutes Title 15 Sec. 651 Oversight: Committee review of the activities of a Federal agency or program. Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001 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 any individual, partnership, association, joint stock company, trust or corporation, or any other legal entity, whether or not any of the foregoing is an officer, agent or employee of the United States, a state or a political subdivision of a state. See Maine Revised Statutes Title 15 Sec. 709 Person: means a natural person, corporation, partnership or state agency. See Maine Revised Statutes Title 23 Sec. 7152 Person: shall include any individual, partnership, corporation, company, society or association. See Maine Revised Statutes Title 7 Sec. 1042 Personal property: All property that is not real property. Pharmaceutical or industrial crop: means a plant that has been genetically engineered to produce a medical or industrial product, including a human or veterinary drug, a biologic, industrial or research chemical, enzymes, vaccines, human antibodies and human blood proteins. See Maine Revised Statutes Title 7 Sec. 1051 Pick-up contributions: means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. See Maine Revised Statutes Title 5 Sec. 17001 Placeholder name: means a nonspecific name, such as "Unknown" that is assigned by law enforcement officials to an individual whose legal name is not known to law enforcement officials. See Maine Revised Statutes Title 15 Sec. 651 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. Post-sentencing proceeding: means a court proceeding or administrative action occurring during the course of and pursuant to the operation of a sentence that affects whether there is incarceration or its length, including revocation of parole, failure to grant parole, an error of law in the computation of a sentence including administrative calculations of deductions relative to time detained pursuant to Title 17?A, section 2305 and default in payment of a fine or restitution. See Maine Revised Statutes Title 15 Sec. 2121 Preapprenticeship training program: means a program that:
A. See Maine Revised Statutes Title 26 Sec. 3201Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. 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 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Probation violation warrant: means a bench warrant issued by a judicial officer in response to a motion to revoke the probation or supervised release of an individual, requested by a probation officer or prosecutor. See Maine Revised Statutes Title 15 Sec. 651 Program: means the Health Care Employment for Military Veterans Program established in section 2132. See Maine Revised Statutes Title 26 Sec. 2131 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Provisional registration: means the one-year initial provisional registration of newly registered apprenticeship programs under section 3202, subsection 5. See Maine Revised Statutes Title 26 Sec. 3201 Pseudonym: means a fictitious name, such as "John Doe" that is assigned by law enforcement officials to an individual whose legal name is not known to law enforcement officials. See Maine Revised Statutes Title 15 Sec. 651 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public library: means a library freely open to all persons and receives its financial support from a municipality, private association, corporation or group. See Maine Revised Statutes Title 27 Sec. 110 Qualified person: means a person who:
A. See Maine Revised Statutes Title 23 Sec. 6072Quality assurance assessment: means a comprehensive review conducted by the department regarding all aspects of an apprenticeship program's performance, including but not limited to determining if apprentices are receiving on-the-job learning in all phases of the apprenticeable occupation, scheduled wage increases consistent with the standards of the program submitted under section 3203 and related instruction through appropriate curricula and delivery systems and determining if the apprenticeship program has provided to the registration agency notification of all new registrations, transfers, suspensions, cancellations and completions as required in this chapter. See Maine Revised Statutes Title 26 Sec. 3201 Railroad: includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. See Maine Revised Statutes Title 23 Sec. 5001 Railroad company: includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any railroad for compensation within this State. See Maine Revised Statutes Title 23 Sec. 5001 Railroad line: means the right-of-way, track, track appurtenances, ties, bridges, station houses, sidings, terminals and other appurtenant structures of a railroad. See Maine Revised Statutes Title 23 Sec. 7152 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 region: means a defined geographic area consisting of local libraries. See Maine Revised Statutes Title 27 Sec. 110 Region: means a quasi-municipal corporation established by the Legislature to provide career and technical education to secondary students and middle school level students that is comprised of all the school administrative units within the geographical boundaries set forth for each career and technical education region in section 8451. See Maine Revised Statutes Title 20-A Sec. 8301-A Regional library system: means a network of library regions interrelated by formal or informal contract for the purpose of organizing library resources and services for research, information and recreation to improve statewide library service and to serve collectively the entire population of the State. See Maine Revised Statutes Title 27 Sec. 110 Registered apprenticeship: means an apprenticeship program registered with the Maine Apprenticeship Program in accordance with Title 26, chapter 37. See Maine Revised Statutes Title 1 Sec. 72 Registration: means registration with the Maine Apprenticeship Program under section 3202. See Maine Revised Statutes Title 26 Sec. 3201 Registration agency: means the state apprenticeship agency, which is responsible for registering apprenticeship programs and apprentices, providing technical assistance and conducting compliance and quality assurance assessments. See Maine Revised Statutes Title 26 Sec. 3201 Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001 Related instruction: means an organized and systematic form of instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation and given in a classroom, through occupational or industrial courses or by correspondence courses of equivalent value, electronic media or other forms of self-study approved by the department. See Maine Revised Statutes Title 26 Sec. 3201 Remand: When an appellate court sends a case back to a lower court for further proceedings. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Research center: means any library designated as such by the State Librarian and receiving state aid for the purposes of making its major research collections, under such rules and regulations as are defined by its governing board and head librarian, available to the residents of the State. See Maine Revised Statutes Title 27 Sec. 110 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001 Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 School administrative district: means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. See Maine Revised Statutes Title 20-A Sec. 1 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 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 Seed dealer: means a person who cleans, processes, sells or offers for sale a genetically engineered plant part, seed or plant in the State. See Maine Revised Statutes Title 7 Sec. 1051 Self-employed: means that the person qualifies as an independent contractor under Title 39?A, section 102, subsection 13?A. See Maine Revised Statutes Title 1 Sec. 1012 Sentence: means the punishment imposed in a criminal proceeding or the disposition imposed in a juvenile proceeding. See Maine Revised Statutes Title 15 Sec. 2121 Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001 Soft skills: means those basic skills necessary to obtain and maintain employment, such as interviewing and communications skills. See Maine Revised Statutes Title 26 Sec. 3302 Special school district: means a school district created by private and special law for the purpose of constructing or adding to school buildings, but which does not have the authority or responsibility for operating public schools. See Maine Revised Statutes Title 20-A Sec. 1 Sponsor: means a person, association, apprenticeship committee or organization operating an apprenticeship program and in whose name the apprenticeship program is or is to be registered or approved. See Maine Revised Statutes Title 26 Sec. 3201 State agency: means the Department of Education, the Department of Health and Human Services or the Department of Labor. See Maine Revised Statutes Title 26 Sec. 3402 State apprenticeship agency: means the department, which is the state government agency that has responsibility and accountability for apprenticeship in the State and is recognized by the United States Department of Labor, Office of Apprenticeship as an agency that has been properly constituted under state law and authorized by the Office of Apprenticeship to register and oversee apprenticeship programs and apprenticeship agreements for federal purposes. See Maine Revised Statutes Title 26 Sec. 3201 State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1 State DNA data bank: means the repository of DNA samples maintained by the Chief of the State Police at the crime lab collected pursuant to Title 25, chapter 194 and this chapter. See Maine Revised Statutes Title 15 Sec. 2136 State DNA data base: means the DNA identification record system administered by the Chief of the State Police. See Maine Revised Statutes Title 15 Sec. 2136 State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72 State valuation: means the value certified to the Secretary of State as provided in Title 36, section 305, subsection 1. See Maine Revised Statutes Title 20-A Sec. 1 Statewide warrant management system: means the integrated electronic system that consists of the Maine State Police wanted database, the Maine telecommunications and routing operations system and the warrant docket management system. See Maine Revised Statutes Title 15 Sec. 651 Statute: A law passed by a legislature. steam railroad company: means any railroad or terminal company, however chartered, using steam as its motive power or using Diesel engines; and the term "electric railroad" or "electric railroad company" means any railroad or terminal company using electricity as its motive power. See Maine Revised Statutes Title 23 Sec. 5001 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1 Targeted industry cluster: means an industry cluster identified by the collaborative pursuant to section 3303, subsection 2 as having statewide economic impact, immediate or long-term workforce development needs and emerging or competitive career opportunities. See Maine Revised Statutes Title 26 Sec. 3302 Technical assistance: means guidance provided by the Bureau of Employment Services within the department in the development, revision, amendment or processing of a potential or current sponsor's standards of apprenticeship or apprenticeship agreements or advice or consultation provided by the bureau to a sponsor to further compliance with or remedy nonconformance to state and federal law, regulation or rule. See Maine Revised Statutes Title 26 Sec. 3201 Technology use agreement: means an agreement between a manufacturer and a farmer that controls the right to plant a given genetically engineered plant part, seed or plant on a specific area of land for a certain period of time. See Maine Revised Statutes Title 7 Sec. 1051 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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. Total package value: means the hourly sum of the following:
A. See Maine Revised Statutes Title 26 Sec. 3201Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transfer: means a shift of registration from one apprenticeship program to another or from one employer within a program to another employer within that same program, in accordance with an agreement between the apprentice and the affected sponsors. See Maine Revised Statutes Title 26 Sec. 3201 Transportation of persons: includes every service in connection with or incidental to the safety, comfort and convenience of the person transported and the receipt, carriage and delivery for that person and his baggage. See Maine Revised Statutes Title 23 Sec. 5001 Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage and handling, and the transmission of credit by express or telegraph companies. See Maine Revised Statutes Title 23 Sec. 5001 Tree and shrub seeds: shall include the seeds of woody plants commonly known and sold as tree and shrub seeds in this State. See Maine Revised Statutes Title 7 Sec. 1042 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Unit: means a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 8301-A Vegetable seeds: shall include the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this State. See Maine Revised Statutes Title 7 Sec. 1042 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth." Warrant docket management system: means the system maintained by the Administrative Office of the Courts to manage the generation, storage, retention and recall of electronic arrest warrants issued by the courts. See Maine Revised Statutes Title 15 Sec. 651 Weed seeds: shall include the seeds of all plants other than other crop seed and pure seed and shall include noxious-weed seeds. See Maine Revised Statutes Title 7 Sec. 1042 Wire communication: means any communication made in whole or in part through the use of facilities for transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception. See Maine Revised Statutes Title 15 Sec. 709 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.