Maine Revised Statutes > Title 34-A > Chapter 3 > Subchapter 1 – General Provisions
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Terms Used In Maine Revised Statutes > Title 34-A > Chapter 3 > Subchapter 1 - General Provisions
- 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
- active state service: means all military duty performed as a member of the state military forces pursuant to this Title or the United States Code, Title 32. See Maine Revised Statutes Title 37-B Sec. 101-A
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- Agriculture: means the operation of farm premises, including:
A. See Maine Revised Statutes Title 39-A Sec. 102Alternate payee: means a spouse, former spouse, child or other dependent of a member or retiree who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by the retirement system with respect to that member or retiree. See Maine Revised Statutes Title 5 Sec. 17001 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. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization 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. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attending physician: means the physician who has primary responsibility for the treatment and care of the patient. See Maine Revised Statutes Title 34-B Sec. 11001 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 or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001 Benefit: 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 Board: means the Workers' Compensation Board created by section 151 and includes a designee of the board. See Maine Revised Statutes Title 39-A Sec. 102 Chief administrative officer: means the head of a correctional facility or a detention facility. See Maine Revised Statutes Title 34-A Sec. 1001 Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 child: includes any dependent posthumous child whose mother is not living. See Maine Revised Statutes Title 39-A Sec. 102 Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001 Client: means a person who receives services from a provider. See Maine Revised Statutes Title 34-B Sec. 13002 Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001 Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 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. Community: means the area within a 75-mile radius of an employee's residence or the actual distance from an employee's normal work location to the employee's residence at the time of an employee's injury, whichever is greater. See Maine Revised Statutes Title 39-A Sec. 102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. 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. Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001 Correctional program: includes , but is not limited to, probation and parole, court intake and jail inspection. See Maine Revised Statutes Title 34-A Sec. 1001 Corrections officer: means a person who is responsible for the custody or direct supervision of a person confined in a jail, prison or state correctional facility pursuant to an order of a court or as a result of an arrest and who possesses a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A. See Maine Revised Statutes Title 34-A Sec. 3101 Custodian: means the person having care and custody over the individual seeking sterilization or the individual for whom sterilization is sought. See Maine Revised Statutes Title 34-B Sec. 7003 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Declaration: means a written document voluntarily executed by the declarant in accordance with the requirements of subsection 2 regardless of form. See Maine Revised Statutes Title 34-B Sec. 11001 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003 Dependent: A person dependent for support upon another. Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Disinterested expert: means an appropriately licensed or certified professional not associated with an institution serving the person for whom sterilization is being sought and not personally related to the petitioner. See Maine Revised Statutes Title 34-B Sec. 7003 Docket: A log containing brief entries of court proceedings. Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Domestic relations order: means a judgment, decree or order, including approval of a property settlement agreement, that:
A. See Maine Revised Statutes Title 5 Sec. 17001eligible institution: means the institutions of the University of Maine System, the Maine Community College System and the Maine Maritime Academy. See Maine Revised Statutes Title 20-A Sec. 4771 Emergency: means a situation, physical condition, financial condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to individuals served or funded by the department, including, but not limited to, imminent or actual abandonment of a facility or service. See Maine Revised Statutes Title 34-B Sec. 13002 Employee: includes officials of the State and officials of counties, cities, towns, water districts and all other quasi-public corporations of a similar character, every duly elected or appointed executive officer of a private corporation other than a charitable, religious, educational or other nonprofit corporation, and every person in the service of another under any contract of hire, express or implied, oral or written, except:
(1) Persons engaged in maritime employment or in interstate or foreign commerce who are within the exclusive jurisdiction of admiralty law or the laws of the United States, except that this section may not be construed to exempt from the definition of "employee" a person who is employed by the State and is thereby barred by the State's sovereign immunity from bringing a claim against that person's employer under admiralty law or other laws of the United States for claims that are otherwise cognizable under this Act;
(2) Firefighters, including volunteer firefighters who are active members of a volunteer fire association as defined in Title 30?A, section 3151; volunteer emergency medical services persons as defined in Title 32, section 83, subsection 12; and police officers are employees within the meaning of this Act. See Maine Revised Statutes Title 39-A Sec. 102Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001employer: includes :
A. See Maine Revised Statutes Title 39-A Sec. 102Entitlement: 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. Facility: means any residential facility funded in whole or in part by the department but does not include hospitals licensed pursuant to Title 22, chapter 405. See Maine Revised Statutes Title 34-B Sec. 13002 Fiduciary: A trustee, executor, or administrator. 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. 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 Fraud: Intentional deception resulting in injury to another. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantor: The person who establishes a trust and places property into it. Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72 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. Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See Maine Revised Statutes Title 34-B Sec. 7003 Habitual violation: means a violation of state or federal law that, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents. See Maine Revised Statutes Title 34-B Sec. 13002 Harass: means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns. See Maine Revised Statutes Title 12 Sec. 10001 Health care facility: includes any program, institution, place, building or agency or portion thereof, private or public, whether organized for profit or not, used, operated or designed to provide medical diagnosis, treatment or rehabilitative or preventive care to any person. See Maine Revised Statutes Title 34-B Sec. 11001 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC 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. Informed consent: means consent that is:
A. See Maine Revised Statutes Title 34-B Sec. 7003Insurance company: means any casualty insurance company or association authorized to do business in this State that may issue policies conforming to subsection 19 and includes the Maine Employers' Mutual Insurance Company. See Maine Revised Statutes Title 39-A Sec. 102 Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together. 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. Juvenile: means juvenile client or juvenile detainee. See Maine Revised Statutes Title 34-A Sec. 3101 Juvenile client: means a juvenile committed to a juvenile correctional facility who is either residing at the facility or is on community reintegration status, or ordered confined in a juvenile correctional facility pursuant to Title 12, section 6004, 8004 or 10608; Title 15, section 3314, subsection 1, paragraph H; Title 15, section 3314, subsection 7; or Title 29?A, section 115. See Maine Revised Statutes Title 34-A Sec. 1001 Juvenile detainee: means a juvenile detained at a departmental juvenile facility pending a court proceeding or pursuant to Title 15, section 3312, subsection 3, paragraph D. See Maine Revised Statutes Title 34-A Sec. 1001 Labor: means the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix. See Maine Revised Statutes Title 34-A Sec. 3101 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. Licensee: means any person or any other legal entity, other than a receiver appointed under section 13003, who is licensed or required to be licensed to operate a facility or to provide services. See Maine Revised Statutes Title 34-B Sec. 13002 Likelihood of serious harm: means a:
A. See Maine Revised Statutes Title 34-A Sec. 1001Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship. 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 Military forces: means the state military forces, as defined in section 102. See Maine Revised Statutes Title 37-B Sec. 101-A Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 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 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. Oversight: Committee review of the activities of a Federal agency or program. Owner: means the holder of the title to the real estate in which the facility is maintained. See Maine Revised Statutes Title 34-B Sec. 13002 Parent: means a natural or adoptive mother or father of a person. See Maine Revised Statutes Title 34-B Sec. 7003 Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person with mental illness: means a person who has attained 18 years of age and has been diagnosed as having a psychiatric or other illness that substantially impairs that person's mental health. See Maine Revised Statutes Title 34-A Sec. 1001 Personal property: All property that is not real property. Physician: means any person licensed to practice medicine under Title 32, chapter 48, subchapter II, or under Title 32, chapter 36, subchapters II and IV. See Maine Revised Statutes Title 34-B Sec. 7003 Physician: means an individual licensed to practice medicine. See Maine Revised Statutes Title 34-B Sec. 11001 Plaintiff: The person who files the complaint in a civil lawsuit. Postpartum recovery: means , as determined by a woman's physician, the period immediately following delivery, including the entire period the woman is in the hospital or infirmary after giving birth. See Maine Revised Statutes Title 34-A Sec. 3101 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Prison: means the Maine State Prison. See Maine Revised Statutes Title 34-A Sec. 1001 Prisoner: means an adult person sentenced and committed to, transferred to or detained in the custody of the department, including a person on supervised community confinement. See Maine Revised Statutes Title 34-A Sec. 1001 Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. 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. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Provider: means a business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, engaged in providing services licensed or funded, in whole or in part, by the department but does not include a hospital licensed pursuant to Title 22, chapter 405. See Maine Revised Statutes Title 34-B Sec. 13002 Psychiatrist: means a physician licensed to practice medicine under Title 32, chapter 48, subchapter II, who specializes in the diagnosis and treatment of mental disorders. See Maine Revised Statutes Title 34-B Sec. 7003 Psychologist: means any person licensed to practice psychology under Title 32, chapter 56, subchapter III. See Maine Revised Statutes Title 34-B Sec. 7003 Psychotic condition: means any disease, illness or condition commonly referred to by the medical profession according to ordinary standards of current medical practice as any disorder characterized by psychotic tendencies or manic-depressive behavior or schizophrenia or other similar condition that, without the administration of appropriate medical treatment, including the use of psychotropic drugs, would constitute a danger to the patient or to others and would result in a patient being gravely disabled. See Maine Revised Statutes Title 34-B Sec. 11001 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 school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 Pupil: means elementary or secondary school student. See Maine Revised Statutes Title 20-A Sec. 15001 Qualified domestic relations order: means a domestic relations order that:
A. See Maine Revised Statutes Title 5 Sec. 17001Quorum: The number of legislators that must be present to do business. 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 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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. 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). Resident: means any person who lives in and receives services or care in a facility. See Maine Revised Statutes Title 34-B Sec. 13002 Resident: means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Restraints: means any physical restraint or mechanical device used to control the movement of a prisoner's or juvenile's body or limbs, including, but not limited to, disposable or soft restraints, handcuffs, a security restraint system that combines handcuffs with a rigid component, leg irons, belly chains, a security or tether chain and a convex shield. See Maine Revised Statutes Title 34-A Sec. 3101 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement allowance: means the retirement payments to which a member is or may be entitled as provided in this Part. 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 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 School board: means the governing body with statutory powers and duties for a school administrative unit. 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 Segregation: means the separation of a prisoner from the general population of a correctional facility for administrative or punitive reasons. See Maine Revised Statutes Title 34-A Sec. 1001 Semester: means the fall, spring or summer term of an academic year. See Maine Revised Statutes Title 20-A Sec. 4771 Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001 Statute: A law passed by a legislature. Sterilization: means a medical or surgical procedure, the purpose of which is to render an individual permanently incapable of procreation. See Maine Revised Statutes Title 34-B Sec. 7003 Subpoena: A command to a witness to appear and give testimony. Substantial violation: means a violation of state or federal law that presents a reasonable likelihood of serious physical or mental harm to residents. See Maine Revised Statutes Title 34-B Sec. 13002 Testify: Answer questions in court. Threatened species: means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 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. Transcript: 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 trauma: means the combination of medical and psychological reactions to abrupt physical transfer that may increase the risk of grave illness or death. See Maine Revised Statutes Title 34-B Sec. 13002 Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 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. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Wolf: means the Gray Wolf (Canis lupus). See Maine Revised Statutes Title 12 Sec. 10001 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Written political material: means flyers, handbills or other nonperiodical publications, which are subject to the restrictions of Title 21?A, chapter 13. See Maine Revised Statutes Title 34-A Sec. 1001 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72