Maine Revised Statutes > Title 26 > Chapter 7 > Subchapter 3-A – Substance Use Testing
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Terms Used In Maine Revised Statutes > Title 26 > Chapter 7 > Subchapter 3-A - Substance Use Testing
- 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.
- 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.
- Applicant: includes any person using an employment agency's services. See Maine Revised Statutes Title 26 Sec. 682
- Confirmation test: means a 2nd substance use test that is used to verify the presence of a substance indicated by an initial positive screening test result and is a federally recognized substance use test or is performed through the use of liquid or gas chromatography-mass spectrometry. See Maine Revised Statutes Title 26 Sec. 682
- Confirmed positive result: means a confirmation test result that indicates the presence of a substance above the cutoff level in the tested sample. See Maine Revised Statutes Title 26 Sec. 682
- 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.
- Employee: means a person who is permitted, required or directed by any employer to engage in any employment for consideration of direct gain or profit. See Maine Revised Statutes Title 26 Sec. 682
- Employer: means any person, partnership, corporation, association or other legal entity, public or private, that employs one or more employees. See Maine Revised Statutes Title 26 Sec. 682
- 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.
- Federally recognized substance use test: means any substance use test recognized by the federal Food and Drug Administration as accurate and reliable through the administration's clearance or approval process. See Maine Revised Statutes Title 26 Sec. 682
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Medically disqualified: means that an employee is prohibited by a federal law or regulation, or any rules adopted by the State's Department of Public Safety that incorporate any federal laws or regulations related to substance use testing for motor carriers, from continuing in the employee's former employment position due to the result of a substance use test conducted under the federal law or regulation or the Department of Public Safety rule. See Maine Revised Statutes Title 26 Sec. 682
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Negative test result: means a test result that indicates that:
A. See Maine Revised Statutes Title 26 Sec. 682Partnership: 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. Positive test result: means a test result that indicates the presence of a substance in the tested sample above the cutoff level of the test. See Maine Revised Statutes Title 26 Sec. 682 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probable cause: means a reasonable ground for belief in the existence of facts that induce a person to believe that an employee may be under the influence of a substance, provided that the existence of probable cause may not be based exclusively on any of the following:
A. See Maine Revised Statutes Title 26 Sec. 682Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Screening test: means an initial substance use test performed through the use of immunoassay technology or a federally recognized substance use test, or a test technology of similar or greater accuracy and reliability approved by the Department of Health and Human Services under rules adopted under section 687, and that is used as a preliminary step in detecting the presence of substances. See Maine Revised Statutes Title 26 Sec. 682 Substance: means any scheduled drug, alcohol or other drug, or any of their metabolites. See Maine Revised Statutes Title 26 Sec. 682 Substance use test: means any test procedure designed to take and analyze body fluids or materials from the body for the purpose of detecting the presence of substances. See Maine Revised Statutes Title 26 Sec. 682 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72