Maine Revised Statutes > Title 5 > Part 18 > Chapter 377-A – Legislative Review of Agency Rules


§ 11111	Definitions
§ 11112	Application for review
§ 11113	Committee review
§ 11114	Criteria for review
§ 11115	Committee recommendation
§ 11116	Limitation

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Terms Used In Maine Revised Statutes > Title 5 > Part 18 > Chapter 377-A - Legislative Review of Agency Rules

Accepted road: means a state, county or town road which is under the control of state, county or municipal authorities and maintained at public expense. See Maine Revised Statutes Title 38 Sec. 952
Access to directory assistance: means access to a service that includes, but is not limited to, making available to customers, upon request, information contained in directory listings. See Maine Revised Statutes Title 35-A Sec. 7201
Access to emergency services: means access to emergency services, as defined in Title 25, section 2921, subsection 5, through 9-1-1 or enhanced 9-1-1 service, as defined in Title 25, section 2921, subsection 6, to the extent a local government in the service area of a provider of last resort service provides 9-1-1 or enhanced 9-1-1 services. See Maine Revised Statutes Title 35-A Sec. 7201
Access to interexchange service: means the use of the wireline loop, as well as that portion of the switch that is paid for by the end user, or the functional equivalent of these network elements in the case of a wireless carrier, necessary to access an interexchange carrier's network. See Maine Revised Statutes Title 35-A Sec. 7201
Access to operator services: means access to any automatic or live assistance by a consumer to arrange for billing for or completion of a telephone call or both. See Maine Revised Statutes Title 35-A Sec. 7201
Accessory use or structure: means a use or structure of a nature customarily incidental and subordinate to a principal use or structure. See Maine Revised Statutes Title 38 Sec. 952
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.
Agency: means the Maine Municipal and Rural Electrification Cooperative Agency. See Maine Revised Statutes Title 35-A Sec. 4103
Air contaminants: includes , but is not limited to, dust, fumes, gas, mist, particulate matter, smoke, vapor or any combination thereof. See Maine Revised Statutes Title 38 Sec. 582
Air contamination source: means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582
Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property throughout the State or throughout such areas of the State as shall be affected thereby. See Maine Revised Statutes Title 38 Sec. 582
Air pollution control apparatus: means and includes any appliance, equipment or machinery which removes, reduces controls, eliminates, disposes of or renders less noxious the emission of air contaminants into ambient air. See Maine Revised Statutes Title 38 Sec. 582
Air quality units: means the toxicity score for a hazardous air pollutant multiplied by the estimated emissions of that hazardous air pollutant. See Maine Revised Statutes Title 38 Sec. 582
Ambient air: means all air outside of buildings, stacks or exterior ducts. See Maine Revised Statutes Title 38 Sec. 582
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.
Appraisal: A determination of property value.
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.
Automobile graveyard: means a yard, field or parcel of land used as a place of storage for 3 or more unserviceable, discarded, worn out or junked motor vehicles. See Maine Revised Statutes Title 38 Sec. 952
BART: means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each visibility-impairing air pollutant that is emitted by an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
BART eligible unit: means an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Bequest: Property gifted by will.
Best practical treatment: means that method which controls or reduces emissions of air contaminants to the lowest possible level considering:

A. See Maine Revised Statutes Title 38 Sec. 582

Billboard: means a sign, structure or surface, or combination thereof, used for advertising purposes exceeding 15 square feet in area. See Maine Revised Statutes Title 38 Sec. 952

board: means the Maine Board of Tax Appeals as established in Title 5, section 12004?B, subsection 10. See Maine Revised Statutes Title 36 Sec. 111

Bog: means a periodically or continually wet, spongy area exceeding 1,000 square feet in area with soil composed mainly of decayed vegetable matter. See Maine Revised Statutes Title 38 Sec. 952

Building: means any structure, regardless of the materials of which it is constructed, which has a roof or partial roof supported by columns or walls, used or intended to be used for the habitation, enclosure or shelter of persons or animals or to provide uses which include, but are not limited to, working, office, display, sales, storage or parking space. See Maine Revised Statutes Title 38 Sec. 952

Bulk gasoline plant: means , except for gasoline service stations, any gasoline storage and distribution facility or bulk gasoline terminal with a daily throughput of 76,000 liters, or 20,000 gallons, or less, that receives gasoline from refineries, bulk gasoline terminals or through direct import. See Maine Revised Statutes Title 38 Sec. 582

Bulk gasoline terminal: means a gasoline storage facility that receives gasoline from refineries, primarily by pipeline, ship or barge, and delivers gasoline to bulk gasoline plants or commercial or retail accounts primarily by tank vehicle and that has a daily throughput of more than 76,000 liters, or 20,000 gallons, of gasoline. See Maine Revised Statutes Title 38 Sec. 582

Bureau: means the Bureau of Revenue Services, which may be referred to as "Maine Revenue Services. See Maine Revised Statutes Title 36 Sec. 111

Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.

Closing: means the time at which a nuclear power plant ceases to generate electricity and is retired from active service. See Maine Revised Statutes Title 35-A Sec. 4352

Code: means the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2022. See Maine Revised Statutes Title 36 Sec. 111

Commission: means the St. See Maine Revised Statutes Title 38 Sec. 992

Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102

Committee: means a joint standing committee of the Legislature. See Maine Revised Statutes Title 5 Sec. 11111

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Construction: means the installation of permanent equipment or structures. See Maine Revised Statutes Title 35-A Sec. 4372

Cooperative: means any corporation organized as of January 1, 1981, under chapter 37 or former Title 35, chapters 221 to 227 on a cooperative plan under the laws of the State and supplying or authorized to supply electricity. See Maine Revised Statutes Title 35-A Sec. 4103

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.

Current use program: means the:

A. See Maine Revised Statutes Title 36 Sec. 501

Customer: includes any person, government or governmental division which has applied for, been accepted and is currently receiving service from a public utility. See Maine Revised Statutes Title 35-A Sec. 102

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Dark fiber provider: means a person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing federally supported dark fiber that:

A. See Maine Revised Statutes Title 35-A Sec. 102

Decedent: A deceased person.

Decommissioning: means the series of activities undertaken beginning at the time of closing of a nuclear power plant to ensure that the final disposition of the site or any radioactive components or material, but not including spent fuel, associated with the plant is accomplished safely, in compliance with all applicable state and federal laws. See Maine Revised Statutes Title 35-A Sec. 4352

Decommissioning expenses: means the following:

A. See Maine Revised Statutes Title 35-A Sec. 4352

Decommissioning financing plan: means the plan approved by the commission under section 4353. See Maine Revised Statutes Title 35-A Sec. 4352

Decommissioning fund committee: means a committee established to have overall responsibility, as described in section 4354, for a decommissioning trust fund. See Maine Revised Statutes Title 35-A Sec. 4352

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Development: means the carrying out of any significant earthmoving, grading, dredging, filling, building, construction or mining operation; the deposit of refuse or solid or liquid wastes on a parcel of land other than agricultural utilization of animal wastes; the making of any material change in noise levels, thermal conditions or emissions of waste material; the commencement or change in the location of advertising; or the alteration of a shore, bank or floodplain of an estuary, river or pond. See Maine Revised Statutes Title 38 Sec. 952

Devise: To gift property by will.

Director: means the Executive Director of the Legislative Council. See Maine Revised Statutes Title 5 Sec. 11111

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:

Disqualified person: means an individual or entity that for any reason is or becomes ineligible under this chapter to be issued shares by a professional corporation. See Maine Revised Statutes Title 13 Sec. 723

District: means a specified area of land or water within the corridor, delineated on the district boundary map, within which certain regulations and requirements apply under this chapter. See Maine Revised Statutes Title 38 Sec. 952

Docket: A log containing brief entries of court proceedings.

Domestic professional corporation: means a professional corporation. See Maine Revised Statutes Title 13 Sec. 723

Dual-tone multifrequency signaling: means a method of signaling that facilitates the transportation of signaling through a network, shortening call set-up time. See Maine Revised Statutes Title 35-A Sec. 7201

Emergency: means a situation in which property or human or animal life is in jeopardy and the prompt summoning of aid is essential. See Maine Revised Statutes Title 35-A Sec. 7102

Emission: means a release of air contaminants into ambient air or the air contaminants so released. See Maine Revised Statutes Title 38 Sec. 582

Emission source: means any and all sources of emissions of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582

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}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Escrow account: means an account established under commission rules to hold funds collected under an interim decommissioning financing plan promulgated under section 4353, subsection 5, until a decommissioning trust fund is established or to hold funds for other temporary purposes under this subchapter. See Maine Revised Statutes Title 35-A Sec. 4352

Estates: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501

Executor: A male person named in a will to carry out the decedent

External floating roof: means a storage vessel cover in an open-top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. See Maine Revised Statutes Title 38 Sec. 582

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001

Federal interconnection rights and obligations: means the rights and obligations of a telecommunications entity under 47 United States Code §§ 251 and 252 or any other provision of federal law or regulation governing telecommunications network facility interconnection or wholesale access rights and obligations to the extent the rights and obligations under the federal law or regulation may be regulated or overseen by the commission. See Maine Revised Statutes Title 35-A Sec. 102

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}

Foreign professional corporation: means a corporation or association for profit incorporated for the purpose of rendering professional services under law other than the law of this State. See Maine Revised Statutes Title 13 Sec. 723

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}

Fraud: Intentional deception resulting in injury to another.

Fuel-burning equipment: means any furnace, boiler or apparatus,and all appurtenances thereto, used in the process of burning fuel including stationary internal combustion engines. See Maine Revised Statutes Title 38 Sec. 582

Fugitive emissions: means emissions of air contaminants which do not pass through a stack, flue, chimney or vent. See Maine Revised Statutes Title 38 Sec. 582

fund: means a trust fund set up as prescribed in sections 4353 and 4355 to hold money for the eventual purpose of paying decommissioning expenses. See Maine Revised Statutes Title 35-A Sec. 4352

Gasoline dispensing facility: means any gasoline service station, bulk terminal or bulk plant or any other facility or organization, governmental or private, that stores gasoline in tanks having a capacity of greater than 250 gallons, and dispenses fuel for motor vehicle use. See Maine Revised Statutes Title 38 Sec. 582

General process source: means any emission source, except fuel-burning equipment, incinerators, mobile sources, open burning sources and sources of fugitive emissions. See Maine Revised Statutes Title 38 Sec. 582

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.

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.

Hazardous air pollutant: means an air pollutant to which no ambient air standard is applicable and which in the judgment of the board causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. See Maine Revised Statutes Title 38 Sec. 582

High-level radioactive waste: means the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from that liquid waste that contains fission products in sufficient concentrations; and other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule to require permanent isolations. See Maine Revised Statutes Title 35-A Sec. 4372

Home occupation or enterprise: means an occupation, enterprise or profession which is carried on in a dwelling unit or accessory structure by a person residing in the dwelling unit, incidental and secondary to the use of the dwelling unit for residential purposes, which conforms to the following performance standards:

A. See Maine Revised Statutes Title 38 Sec. 952

Incinerator: means any device, apparatus or equipment used for destroying, reducing or salvaging by fire any material or substance, but does not include any device, apparatus or equipment used to burn material-separated, refuse-derived fuel. See Maine Revised Statutes Title 38 Sec. 582

Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that on February 8, 1996 provided telephone exchange service in the area and:

A. See Maine Revised Statutes Title 35-A Sec. 102

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}

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Interexchange carrier: means any person, association, corporation or other entity that provides intrastate interexchange telecommunications services, including a local exchange carrier that provides interexchange service. See Maine Revised Statutes Title 35-A Sec. 102

Internal floating roof: means a cover or roof in a fixed-roof tank which rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. See Maine Revised Statutes Title 38 Sec. 582

Intestate: Dying without leaving a will.

Junkyard: means a yard, field or other parcel of land used as a place for storage for:

A. See Maine Revised Statutes Title 38 Sec. 952

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.

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}

Licensee: means the holder of the operating permit from the United States Nuclear Regulatory Commission for a nuclear power plant. See Maine Revised Statutes Title 35-A Sec. 4352

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local usage: means an amount of minutes of use of exchange service within a certain area, prescribed by the commission, provided for a flat rate to end users. See Maine Revised Statutes Title 35-A Sec. 7201

Lowest achievable emission rate: means the more stringent rate of emissions based on the following:

A. See Maine Revised Statutes Title 38 Sec. 582

Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72

Marsh: means a periodically wet or continually flooded land area exceeding 1,000 square feet with the surface not deeply submerged, covered dominantly with sedges, cattails, rushes or other hydrophytic plants. See Maine Revised Statutes Title 38 Sec. 952

Mean high waterline: means the average high tide level. See Maine Revised Statutes Title 38 Sec. 952

Memorandum of Understanding: means the Memorandum of Understanding Between the State of Maine of the United States and the Province of New Brunswick of Canada Regarding the St. See Maine Revised Statutes Title 38 Sec. 992

Mobile telecommunications services: means telecommunications services licensed by the Federal Communications Commission for mobile use. See Maine Revised Statutes Title 35-A Sec. 102

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.

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

Mortgagee: shall be construed to include the heirs and assigns of the mortgagee. See Maine Revised Statutes Title 36 Sec. 501

Municipal officers: means the mayor, councillors and aldermen of cities, the members of the select board of towns and the assessors of plantations. See Maine Revised Statutes Title 36 Sec. 501

Municipal officers: means :

A. See Maine Revised Statutes Title 30-A Sec. 2001

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

Municipal official: means any elected or appointed member of a municipal government. See Maine Revised Statutes Title 30-A Sec. 2001

Municipality: includes , for purposes of enacting an air pollution control ordinance, only cities, organized towns and plantations. See Maine Revised Statutes Title 38 Sec. 582

Municipality: means any municipal, plantation or quasi-municipal electric, or electric and utility, corporation, or municipal electric, or electric and utility, system within the State which, as of January 1, 1981, was authorized to and engaged in the manufacture, generation, transmission, distribution, purchase or sale of electricity to the general public. See Maine Revised Statutes Title 35-A Sec. 4103

Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501

Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001

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 high water line: means the line on the shore or bank of the fresh-water portion of a river at the point or elevation where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. See Maine Revised Statutes Title 38 Sec. 952

Notice: means written notification served personally, sent by certified mail or sent by first-class mail to the last known address of the person for whom the notification is intended. See Maine Revised Statutes Title 36 Sec. 111

Nuclear power plant: means a nuclear fission thermal power plant. See Maine Revised Statutes Title 35-A Sec. 4372

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.

Opacity: means the degree of light obscuring capability of emissions of visible air contaminants expressed as a percentage. See Maine Revised Statutes Title 38 Sec. 582

Open burning: means the burning of any type of combustible material in the open ambient air without being completely enclosed and where the products of combustion are emitted directly into the ambient air without passing through a stack, chimney or duct or other device or structure. See Maine Revised Statutes Title 38 Sec. 582

Outdoor wood boiler: means a fuel burning device:

A. See Maine Revised Statutes Title 38 Sec. 582

Owner: means any transmission and distribution utility that owns any portion of a nuclear power plant, whether directly or through ownership of stock in a company that owns any portion of a nuclear power plant or through membership in a holding company that owns any portion of a nuclear power plant or through other means. See Maine Revised Statutes Title 35-A Sec. 4352

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, corporation, whether private, public or quasi-municipal, municipality, state governmental agency or other legal entity. See Maine Revised Statutes Title 38 Sec. 582

Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102

Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111

Person: means person as defined in section 102 or any public agency, state or political subdivision or agency of the State, or any body politic of any nature organized and existing under the law of any state, the United States, any Province of Canada and also includes Canada, its provinces and all political subdivisions, departments, agencies and instrumentalities of Canada. See Maine Revised Statutes Title 35-A Sec. 4103

Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001

Personal property: All property that is not real property.

Petroleum liquids: means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery. See Maine Revised Statutes Title 38 Sec. 582

Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501

Plaintiff: The person who files the complaint in a civil lawsuit.

plant: means a nuclear fission thermal power plant situated in this State. See Maine Revised Statutes Title 35-A Sec. 4352

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

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}

Precedent: 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.

Premature closing: means the closing of a nuclear power plant before the projected date of decommissioning, as projected in the decommissioning financing plan under section 4353. See Maine Revised Statutes Title 35-A Sec. 4352

price cap ILEC: means an incumbent local exchange carrier that agreed to accept Connect America Fund Phase II support pursuant to the Federal Communications Commission's Report and Order released on December 18, 2014, in In the Matter of Connect America Fund, WC Docket No. See Maine Revised Statutes Title 35-A Sec. 7102

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.

Process weight rate: means the average total weight of all materials, not including any gaseous or liquid fuels, solid fuels or combustion air, introduced into any manufacturing, industrial or combustion process that may result in the emission of any regulated pollutant to the ambient air, computed on an hourly basis, and shall be expressed in terms of weight per unit of time. See Maine Revised Statutes Title 38 Sec. 582

Professional corporation: means a corporation for profit, other than a foreign professional corporation, subject to the provisions of this chapter. See Maine Revised Statutes Title 13 Sec. 723

Professional service: means the professional services provided by the following persons to the extent they are required to be licensed under state law:

A. See Maine Revised Statutes Title 13 Sec. 723

Project: means any plant, works, system or facilities inside or outside the State, and real and personal property of any nature or any interest in any of them, together with all parts of them and appurtenances to them, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange or interchange of electricity and in the acquisition, extraction, conversion, transportation or storage or reprocessing of fuel of any kind for any purposes or an interest in, or the right to the use, services, output or capacity of a plant quota, works, system or facilities; provided that "project" does not include construction of nuclear generating facilities or the storage, reprocessing or transportation of nuclear fuel within the State. See Maine Revised Statutes Title 35-A Sec. 4103

Prompt removal and dismantlement: means to immediately remove radioactive or radioactively contaminated material down to allowable residual levels which permit release of the property for unrestricted access. See Maine Revised Statutes Title 35-A Sec. 4352

Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Provider of last resort service: means a flat-rate service with voice grade access to the public switched telephone network; local usage within the basic service calling areas of incumbent local exchange carriers as of January 1, 2012; dual-tone multifrequency signaling or its functional equivalent; single-party service or its functional equivalent; access to emergency services; access to operator services; access to interexchange service; access to directory assistance; toll limitation for qualifying low-income customers; and the capacity to maintain uninterrupted voice service during a power failure, either through the incorporation into the network or network interface devices of suitable battery backup or through electric current. See Maine Revised Statutes Title 35-A Sec. 7201

Public right-of-way: is a n improved roadway maintained for passage by motor vehicles in which the owner of fee does not control the right of passage. See Maine Revised Statutes Title 38 Sec. 952

Public switched telephone network: means the network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America. See Maine Revised Statutes Title 35-A Sec. 102

Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102

Qualified person: means an individual, general partnership, professional limited liability company, professional limited liability partnership, other professional corporation or other entity or trust that is eligible under this chapter to be issued shares by a professional corporation or any other entity that is authorized by statute to provide the same professional service provided by the professional corporation. See Maine Revised Statutes Title 13 Sec. 723

Qualified telecommunications equipment: includes equipment used to provide telegraph service. See Maine Revised Statutes Title 36 Sec. 457

Quorum: 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.

Region: means an air quality region or regions established by the board pursuant to section 583. See Maine Revised Statutes Title 38 Sec. 582

Regional greenhouse gas initiative: means the initiative referred to in the Memorandum of Understanding and the corresponding model rule that memorializes the ongoing cooperative effort by the State and other states to design and implement a regional carbon dioxide cap-and-trade program covering carbon dioxide emissions from electrical generating units in the signatory states. See Maine Revised Statutes Title 38 Sec. 580-A

Registered mail: shall be construed to include certified mail. See Maine Revised Statutes Title 36 Sec. 501

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.

Remand: When an appellate court sends a case back to a lower court for further proceedings.

Return: means any document, digital file or electronic data transmission containing information required by this Title to be reported to the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 111

Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).

Ringelmann Chart: shall mean the chart published and described in the United States Bureau of Mines Information Circular 8333, on which are illustrated graduated shades of gray for use in estimating the light obscuring density or opacity of any black emissions or any other such device which may be approved by the board. See Maine Revised Statutes Title 38 Sec. 582

Service drop: means any utility line extension that does not cross or run beneath any portion of a water body as long as:

A. See Maine Revised Statutes Title 38 Sec. 952

Service provider: means an entity designated as a provider of provider of last resort service under this chapter. See Maine Revised Statutes Title 35-A Sec. 7201

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.

Single-party service: means telecommunications service that permits users to have exclusive use of a wireline subscriber loop or access line for each call placed or, in the case of wireless telecommunications carriers that use spectrum shared among users to provide service, a dedicated message path for the length of a user's particular transmission. See Maine Revised Statutes Title 35-A Sec. 7201

Solid waste fuel-burning equipment: means any furnace, boiler or apparatus, and all appurtenances thereto, capable of burning solid waste fuel for the primary purpose of producing thermal energy. See Maine Revised Statutes Title 38 Sec. 582

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

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.

Structure: means any object of a significant nature constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location or in the ground, which may include, but is not limited to, buildings, mobile homes, walls, fences, billboards, signs, piers and floats. See Maine Revised Statutes Title 38 Sec. 952

Subpoena: A command to a witness to appear and give testimony.

Swamp: means a periodically or continually wet area exceeding 1,000 square feet in area which supports tree growth. See Maine Revised Statutes Title 38 Sec. 952

Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111

Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501

Taxpayer: means any person required to file a return under this Title or to pay, withhold and pay over or collect and pay over any tax imposed by this Title. See Maine Revised Statutes Title 36 Sec. 111

Technology or means for the disposal of high-level nuclear waste: means a method for the permanent and terminal disposal of high-level nuclear waste. See Maine Revised Statutes Title 35-A Sec. 4372

Telecommunications business: means a person engaged in the activity of providing interactive 2-way communication services for compensation. See Maine Revised Statutes Title 36 Sec. 457

Telephone utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, that provides telephone service for compensation inside this State. See Maine Revised Statutes Title 35-A Sec. 102

Testator: A male person who leaves a will at death.

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Toll limitation for qualifying low-income customers: means a service provided to customers of provider of last resort service that meet income qualifications established by the commission by rule that allows those customers:

A. See Maine Revised Statutes Title 35-A Sec. 7201

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.

Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72

Toxicity score: means a score given to a hazardous air pollutant by the Department of Health and Human Services, Maine Center for Disease Control and Prevention. See Maine Revised Statutes Title 38 Sec. 582

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.

Transmission and distribution utility: means a person, its lessees, trustees or receivers or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State, except where the electricity is distributed by the entity that generates the electricity through private property alone solely for the use of:

A. See Maine Revised Statutes Title 35-A Sec. 102

Tributary stream: means a channel between defined banks and associated flood plain wetlands. See Maine Revised Statutes Title 38 Sec. 952

True vapor pressure: means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks" 1962. See Maine Revised Statutes Title 38 Sec. 582

Trustee: A person or institution holding and administering property in trust.

Trustee: means a bank or trust company qualified to act as a fiduciary in this State. See Maine Revised Statutes Title 35-A Sec. 4352

Venue: The geographical location in which a case is tried.

Voice grade access: means a functionality that offers a minimum bandwidth range of 300 to 3,000 hertz that enables a user of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call. See Maine Revised Statutes Title 35-A Sec. 7201

Voice service provider: means any person providing, directly or indirectly, 2-way voice communications service for compensation in this State. See Maine Revised Statutes Title 35-A Sec. 102

Waste: means refuse, garbage, rubbish, trash or unwanted or discarded materials of any kind and source. See Maine Revised Statutes Title 38 Sec. 582

Waterway: means the St. See Maine Revised Statutes Title 38 Sec. 992

Wetlands: means marshes, bogs, swamps and other areas exceeding 1,000 square feet, periodically covered by water which exhibit predominantly aquatic vegetation. See Maine Revised Statutes Title 38 Sec. 952

Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72