Maine Revised Statutes > Title 5 > Part 1 > Chapter 1 – State Officers and Employees Generally

		Sections
Subchapter 1	General Provisions	1 – 19-B
Subchapter 2	State Employees and State Property	20 – 20-A

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Terms Used In Maine Revised Statutes > Title 5 > Part 1 > Chapter 1 - State Officers and Employees Generally

Active ingredient: means any ingredient that will prevent, destroy, repel, control or mitigate pests or that will act as a plant regulator, defoliant or desiccant. See Maine Revised Statutes Title 7 Sec. 604
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjudicated parent: means a person who has been adjudicated by a court of competent jurisdiction to be the parent of a child. See Maine Revised Statutes Title 19-A Sec. 1832
Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 19-A Sec. 101
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
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Advisory committee: means the Right To Know Advisory Committee established in Title 5, section 12004?J, subsection 14 and described in section 411. See Maine Revised Statutes Title 1 Sec. 431
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.
Affiliated unit: means a school administrative unit that is affiliated with another school administrative unit that operates a center. See Maine Revised Statutes Title 20-A Sec. 8301-A
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agency: means a branch office of a financial institution at which all or part of the business of the institution is conducted, but the records pertaining to such business are maintained at another office of the institution, and not at such agency office. See Maine Revised Statutes Title 9-B Sec. 131
agency: shall mean a state department, agency, office, board, commission; or quasi-independent agency, board, commission, authority or institution. See Maine Revised Statutes Title 1 Sec. 501
Agency: means an agency, school, organization, facility or institution. See Maine Revised Statutes Title 20-A Sec. 7001
Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
Agent: means any person who sells or distributes licensed commodities in commerce for or on behalf of producers or others and whose operations may include planting, cultivating, harvesting, grading, packing and furnishing containers, supplies or other services. See Maine Revised Statutes Title 7 Sec. 452
Agricultural enterprise: includes a business or activity that attracts visitors to a farm for the purpose of supplementing income from the primary crop or livestock operation. See Maine Revised Statutes Title 7 Sec. 434
Agricultural liming material: means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity. See Maine Revised Statutes Title 7 Sec. 762
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
Allegation: something that someone says happened.
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.
Animal: means all vertebrate and invertebrate species, including but not limited to humans and other mammals, birds, fish and shellfish. See Maine Revised Statutes Title 7 Sec. 604
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Applicant: means any person applying for a license under this subchapter. See Maine Revised Statutes Title 7 Sec. 452
Approved private school: means a private school approved for attendance purposes under chapter 117. See Maine Revised Statutes Title 20-A Sec. 1
Arrest: Taking physical custody of a person by lawful authority.
Articulation agreement: means an agreement between a center or region and a postsecondary institution that:

A. See Maine Revised Statutes Title 20-A Sec. 8301-A

Assisted reproduction: means a method of causing pregnancy other than sexual intercourse and includes but is not limited to:

A. See Maine Revised Statutes Title 19-A Sec. 1832

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.

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.

bail: means the obtaining of the release of the defendant upon an undertaking that the defendant shall appear at the time and place required and that the defendant shall conform to each condition imposed in accordance with section 1026 that is designed to ensure that the defendant shall refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community. See Maine Revised Statutes Title 15 Sec. 1003

Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

Beneficial insects: means those insects that, during their life cycle, are effective pollinators of plants, are parasites or predators of pests or are otherwise beneficial. See Maine Revised Statutes Title 7 Sec. 604

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}

Bequest: Property gifted by will.

Biosolids: means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids and septic tank sludge, also known as septage. See Maine Revised Statutes Title 7 Sec. 742

Board: means a bureau, board or commission listed in Title 10, section 8001 or 8001?A, other licensor that is affiliated with or is a part of the Department of Professional and Financial Regulation, the Board of Overseers of the Bar or any other state agency or municipality that issues a license authorizing a person to engage in a business, occupation, profession or industry and any state agency, bureau, board, commission or municipality that issues a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity. See Maine Revised Statutes Title 19-A Sec. 2101

Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1

Branch: means any office of a financial institution, including a credit union, where the business of banking is conducted other than the institution's main office. See Maine Revised Statutes Title 9-B Sec. 131

Brand: means a term, design or trademark used in connection with one or several grades of commercial fertilizer. See Maine Revised Statutes Title 7 Sec. 742

Brand: means the term, designation, trademark, product name or other specific designation under which an individual agricultural liming material is offered for sale. See Maine Revised Statutes Title 7 Sec. 762

Brand name: means a word, name, symbol or device, or any combination thereof, that identifies the commercial feed of a distributor or registrant and distinguishes it from that of others. See Maine Revised Statutes Title 7 Sec. 712

Brand name: means the term, designation, trademark, product name or other specific designation under which individual plant or soil amendments are distributed. See Maine Revised Statutes Title 7 Sec. 776

Broker: means any person engaged in the business of negotiating sales of licensed commodities in commerce for or on behalf of the seller or the purchaser, respectively. See Maine Revised Statutes Title 7 Sec. 452

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

Bulk: means a nonpackaged form. See Maine Revised Statutes Title 7 Sec. 762

Bulk: means in nonpackaged form. See Maine Revised Statutes Title 7 Sec. 776

Bulk fertilizers: means commercial fertilizer distributed in a non-packaged form. See Maine Revised Statutes Title 7 Sec. 742

Bureau: means the Bureau of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131

Burnt lime: means a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide. See Maine Revised Statutes Title 7 Sec. 762

Calcium carbonate equivalent: means the acid neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. See Maine Revised Statutes Title 7 Sec. 762

capital: means the sum of common stock, paid-in common stock surplus, perpetual preferred stock, undivided profits and other capital reserves; [PL 1997, c. See Maine Revised Statutes Title 9-B Sec. 131

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

Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.

Center: means an administrative entity established pursuant to this chapter that provides career and technical education to secondary students and middle school level students. See Maine Revised Statutes Title 20-A Sec. 8301-A

Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.

Child: means an individual of any age whose parentage may be determined under this chapter. See Maine Revised Statutes Title 19-A Sec. 1832

Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Maine Revised Statutes Title 19-A Sec. 2802

Child Development Services System: means the state intermediate educational unit under section 7209, subsection 3, and any regional sites it chooses to establish and maintain, to ensure the provision of child find activities, early intervention services and free, appropriate public education services to eligible children. See Maine Revised Statutes Title 20-A Sec. 7001

Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501

Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802

Child with a disability: means :

A. See Maine Revised Statutes Title 20-A Sec. 7001

Close economic association: means the employers, employees, partners or clients of the Legislator or a member of the Legislator's immediate family; corporations in which the Legislator or a member of the Legislator's immediate family is an officer, director or agent or owns 10% or more of the outstanding capital stock; a business which is a significant unsecured creditor of the Legislator or a member of the Legislator's immediate family; or a business of which the Legislator or a member of the Legislator's immediate family is a significant unsecured creditor. See Maine Revised Statutes Title 1 Sec. 1012

Commercial feed: means all materials except unmixed seed, whole or processed, when not adulterated within the meaning of section 717, subsections 1 to 4 which are distributed for use as feed or for mixing in feed, provided that the commissioner by regulation may exempt from this definition, or from specific provisions of this Act, commodities such as hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed or mixed with other materials, and are not adulterated within the meaning of section 717, subsection 1, paragraph A. See Maine Revised Statutes Title 7 Sec. 712

Commercial fertilizer: means a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product or the accompanying delivery paperwork or invoice of a bulk fertilizer. See Maine Revised Statutes Title 7 Sec. 742

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

Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101

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 Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7-A Sec. 101

Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 452

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry and the commissioner's agents. See Maine Revised Statutes Title 7 Sec. 502

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's authorized agent. See Maine Revised Statutes Title 7 Sec. 742

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 762

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 776

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 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

community well-being check program: means a voluntary program that involves daily, or regular, contact with a participant and, when contact cannot be established, sends first responders to the participant's residence to check on the participant's well-being. See Maine Revised Statutes Title 1 Sec. 402

Community-based organization: means a nonprofit organization that has:

A. See Maine Revised Statutes Title 5 Sec. 13063-J

Compliance with a support order: means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:

A. See Maine Revised Statutes Title 19-A Sec. 2101

Consumer: means any person who purchases a licensed commodity for consumption or use other than sale, storage or retention for the purpose of sale. See Maine Revised Statutes Title 7 Sec. 452

Consumer loan: means a loan defined as such pursuant to Title 9?A, section 1?301, subsection 14. See Maine Revised Statutes Title 9-B Sec. 131

Continuance: Putting off of a hearing ot trial until a later time.

Contract feeder: means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of product. See Maine Revised Statutes Title 7 Sec. 712

Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded at The Hague on November 23, 2007. See Maine Revised Statutes Title 19-A Sec. 2802

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

Corrosive: means any substance which in contact with living tissue causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces. See Maine Revised Statutes Title 7 Sec. 502

County commissioners: means the elected county commissioners of Piscataquis County. See Maine Revised Statutes Title 30-A Sec. 822

county commissioners: means the county commissioners of York County and "county" means York County. See Maine Revised Statutes Title 30-A Sec. 831

County legislative delegation: means all state legislators whose legislative districts, in whole or in part, lie within the boundaries of a county. See Maine Revised Statutes Title 30-A Sec. 1

Court: means any Justice of the Supreme Judicial Court or Superior Court or any active retired justice and any District Court Judge or active retired judge when assigned under Title 4, section 157?C. See Maine Revised Statutes Title 15 Sec. 1003

Credit union: means a cooperative, nonprofit corporation organized pursuant to Part 8, or under corresponding provisions of any earlier law, and subject to the conditions and limitations as shall be set forth in Part 8. See Maine Revised Statutes Title 9-B Sec. 131

Crime involving domestic violence: means :

A. See Maine Revised Statutes Title 15 Sec. 1003

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

Custodial parent: means a parent, caretaker relative or legal custodian of a dependent child who is the child's primary residential care provider. See Maine Revised Statutes Title 19-A Sec. 2101

Customer-formula feed: means commercial feed which consists of a mixture of commercial feeds or feed ingredients or both, each batch of which is manufactured according to the specific instructions of the final purchaser. See Maine Revised Statutes Title 7 Sec. 712

Dealer: means any person other than a consumer, engaged in the business of buying or selling licensed commodities in commerce, except as provided in section 458. See Maine Revised Statutes Title 7 Sec. 452

Debtor: means an individual debtor. See Maine Revised Statutes Title 14 Sec. 4421

Decedent: A deceased person.

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

Defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Maine Revised Statutes Title 7 Sec. 604

Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101

Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1

Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7-A Sec. 101

Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A

Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 502

Dependent: includes a spouse, whether or not actually dependent. See Maine Revised Statutes Title 14 Sec. 4421

Dependent child: means any minor child who is not emancipated. See Maine Revised Statutes Title 19-A Sec. 2101

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.

deposits: includes credit union share accounts. See Maine Revised Statutes Title 9-B Sec. 131

Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Maine Revised Statutes Title 7 Sec. 604

Device: means any instrument or contrivance, other than a firearm, that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than a human being and other than a bacterium, virus or other microorganism on or in a living human being or other living animal. See Maine Revised Statutes Title 7 Sec. 604

Director: means a member of the governing body of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131

Disposable earnings: means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld. See Maine Revised Statutes Title 19-A Sec. 2101

Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver pesticides in this State. See Maine Revised Statutes Title 7 Sec. 604

Distribute: means to offer for sale, sell, exchange or barter commercial feed; or to supply, furnish or otherwise provide commercial feed to a contract feeder. See Maine Revised Statutes Title 7 Sec. 712

Distribute: means to offer for sale, sell, barter or otherwise supply commercial fertilizers. See Maine Revised Statutes Title 7 Sec. 742

Distribute: means to offer for sale, sell, barter or otherwise supply agricultural liming materials. See Maine Revised Statutes Title 7 Sec. 762

Distribute: means to import, consign, manufacture, produce, compound, mix or blend plant or soil amendments, or offer for sale, sell, barter or otherwise supply plant or soil amendments in this State. See Maine Revised Statutes Title 7 Sec. 776

distributor: means any person who distributes. See Maine Revised Statutes Title 7 Sec. 712

distributor: means any person who distributes. See Maine Revised Statutes Title 7 Sec. 742

distributor: means any person who is engaged in the business of distributing agricultural liming materials. See Maine Revised Statutes Title 7 Sec. 762

Distributor: means any person who distributes. See Maine Revised Statutes Title 7 Sec. 776

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

Donor: The person who makes a gift.

Donor: means a person who contributes a gamete or gametes or an embryo or embryos to another person for assisted reproduction or gestation, whether or not for consideration. See Maine Revised Statutes Title 19-A Sec. 1832

Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body. See Maine Revised Statutes Title 7 Sec. 712

Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Maine Revised Statutes Title 19-A Sec. 2802

Early intervention services: means developmental services that are provided under public supervision; are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees; are designed to meet the developmental needs of a child with a disability, as identified by the individualized family service plan team, in one or more areas including physical development, cognitive development, communication development, social or emotional development and adaptive development; meet the standards of the State; are provided by qualified personnel; to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan. See Maine Revised Statutes Title 20-A Sec. 7001

Earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and all gain derived from capital, from labor or from both combined, including profit gained through sale or conversion of capital assets, and unemployment compensation benefits and workers' compensation benefits. See Maine Revised Statutes Title 19-A Sec. 2101

Embryo: means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a woman under conditions in which gestation may be reasonably expected to occur. See Maine Revised Statutes Title 19-A Sec. 1832

Employee: 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 of this State: means an employee in the classified or unclassified service as defined in chapters 71 and 372. See Maine Revised Statutes Title 5 Sec. 20

ensure the integrity of the judicial process: when used in the context of the granting or denial of bail, means safeguarding the role of the courts in adjudicating the guilt or innocence of defendants by ensuring the presence of the defendant in court and otherwise preventing the defendant from obstructing or attempting to obstruct justice by threatening, injuring or intimidating a victim, prospective witness, juror, attorney for the State, judge, justice or other officer of the court. See Maine Revised Statutes Title 15 Sec. 1003

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.

Environment: includes water, air and land and all plants and human beings and other animals living therein and the interrelationships that exist among these. See Maine Revised Statutes Title 7 Sec. 604

EPA: means the United States Environmental Protection Agency. See Maine Revised Statutes Title 7 Sec. 604

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.

Ex officio: Literally, by virtue of one's office.

exception: means a provision in a statute or a proposed statute that declares a record or a category of records to be confidential or otherwise not a public record for purposes of subchapter 1. See Maine Revised Statutes Title 1 Sec. 431

Executive session: A portion of the Senate's daily session in which it considers executive business.

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

Failure to appear: includes a failure to appear at the time or place required by a release order and the failure to surrender into custody at the time and place required by a release order or by the Maine Rules of Unified Criminal Procedure, Rule 32(a) and Rule 38(d). See Maine Revised Statutes Title 15 Sec. 1003

FDIC: means the Federal Deposit Insurance Corporation or its successors. See Maine Revised Statutes Title 9-B Sec. 131

Federal grant application: shall mean any request or proposal for financial assistance made by a state agency or by an employee of such an agency acting in his official capacity to the United States Government, whether for a loan, grant, subsidy, augmentation, advance, reimbursement, or any other form where such financial assistance will be expended by the state agency or employee acting in his official capacity. See Maine Revised Statutes Title 5 Sec. 1706

Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}

Feed ingredient: means each of the constituent materials making up a commercial feed. See Maine Revised Statutes Title 7 Sec. 712

Fertilizer material: means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures. See Maine Revised Statutes Title 7 Sec. 742

Fiduciary: A trustee, executor, or administrator.

FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act. See Maine Revised Statutes Title 7 Sec. 604

Financial institution: means a universal bank or limited purpose bank organized under the provisions of this Title, and a trust company, nondepository trust company, savings bank, industrial bank or savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131

Fineness: means the percentage by weight of the material which will pass federal standard sieves of specified sizes. See Maine Revised Statutes Title 7 Sec. 762

Flammable: means any substance which has a flashpoint of above 20 degrees to and including 80 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester, except that the flammability of solids and of the contents of self-pressurized containers is determined by methods generally applicable to such containers and established by regulations issued by the commissioner and "extremely flammable" means any substance which has a flashpoint at or below 20 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester. See Maine Revised Statutes Title 7 Sec. 502

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}

Foreign country: means a country, including a political subdivision thereof, other than the United States, that under its law authorizes the issuance of support orders and:

A. See Maine Revised Statutes Title 19-A Sec. 2802

Foreign support order: means a support order issued by a foreign tribunal. See Maine Revised Statutes Title 19-A Sec. 2802

Fraud: Intentional deception resulting in injury to another.

Fund: means the Maine Microenterprise Initiative Fund established in section 13063?K. See Maine Revised Statutes Title 5 Sec. 13063-J

Fungi: means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts, including but not limited to rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living human beings or other living animals, and except those in or on processed food, beverages or pharmaceuticals. See Maine Revised Statutes Title 7 Sec. 604

Gamete: includes :

A. See Maine Revised Statutes Title 19-A Sec. 1832

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

Genetic testing: includes an analysis of one or a combination of the following:

A. See Maine Revised Statutes Title 19-A Sec. 1832

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.

Gift: means anything of value, including forgiveness of an obligation or debt, given to a person without that person providing equal or greater consideration to the giver. See Maine Revised Statutes Title 1 Sec. 1012

Governing body: means the body that oversees the affairs of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131

Governor-elect: means the candidate for the office of Governor elected at the most recent general election. See Maine Revised Statutes Title 1 Sec. 1051

Grade: means any commercial fertilizer having a specific minimum percentage of plant nutrients that is the same as the guaranteed analysis, expressed in whole numbers. See Maine Revised Statutes Title 7 Sec. 742

Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72

Guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:

Total Nitrogen (N) . See Maine Revised Statutes Title 7 Sec. 742

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

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 substance: means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, or which generates pressure through decomposition, heat or other means and which may cause substantial personal injury or illness during any customary or reasonable anticipated handling or use including reasonably foreseeable ingestion by children and also means any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the commissioner determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this subchapter in order to protect the public health. See Maine Revised Statutes Title 7 Sec. 502

High magnesium: means lime designated as high-mag or dolomitic which must contain at least 5% magnesium. See Maine Revised Statutes Title 7 Sec. 762

Highly toxic: means any substance which produces death within 14 days in at least half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, when a single dose of 50 milligrams or less per kilogram of body weight, is orally administered or when inhaled continuously for a period of one hour or less at an atmospheric concentration of 200 parts per million by volume or less of gas, vapor, mist or dust, or which produces death within 14 days in at least half of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less. See Maine Revised Statutes Title 7 Sec. 502

Highly toxic pesticide: means any pesticide determined to be a highly toxic pesticide under FIFRA, Section 25(c)(2) or by the board under section 610, subsection 1, paragraph B. See Maine Revised Statutes Title 7 Sec. 604

His: as used in this Title , means "his or her;" while "he" means "he or she. See Maine Revised Statutes Title 9-B Sec. 131

Home-based manufacturer of pet food: means a person who manufactures 10 or fewer product names in that person's home and sells the products directly to consumers. See Maine Revised Statutes Title 7 Sec. 712

Honorarium: means a payment of money or anything with a monetary resale value to a Legislator for an appearance or a speech by the Legislator. See Maine Revised Statutes Title 1 Sec. 1012

Household use: means any use, or intended use of an article in or about the living area or living quarters of a house, apartment house or other place of abode. See Maine Revised Statutes Title 7 Sec. 502

Hydrated lime: means a material, made from burnt lime, which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and magnesium hydroxide. See Maine Revised Statutes Title 7 Sec. 762

Immediate family: means a Legislator's spouse, domestic partner or dependent children. See Maine Revised Statutes Title 1 Sec. 1012

Imminent hazard: means a situation that exists when the continued use of a pesticide during the time required for cancellation proceedings pursuant to section 609 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the United States Secretary of the Interior under United States Public Law 91-135. See Maine Revised Statutes Title 7 Sec. 604

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.

In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.

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

Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State. See Maine Revised Statutes Title 19-A Sec. 2802

Income-withholding order: means an order or other legal process directed to an obligor's employer, as provided by chapter 65, subchapter IV, to withhold support from the income of the obligor. See Maine Revised Statutes Title 19-A Sec. 2802

Individualized education program team: means the group of individuals composed in accordance with Part B of the federal Individuals with Disabilities Education Act, 20 United States Code § 1414(d)(1)(B) to determine the individualized education program for a child with a disability. See Maine Revised Statutes Title 20-A Sec. 7001

Industrial by-product: means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity. See Maine Revised Statutes Title 7 Sec. 762

Inert ingredient: means an ingredient that is not an active ingredient. See Maine Revised Statutes Title 7 Sec. 604

Ingredient form: means the chemical compound such as salt, chelate, oxide, acid, etc. See Maine Revised Statutes Title 7 Sec. 776

Ingredient statement: means a statement of the following:

A. See Maine Revised Statutes Title 7 Sec. 604

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

Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising 6-legged, usually winged forms, including but not limited to beetles, bugs, bees and flies, and to other allied classes or arthropods whose members are wingless and usually have more than 6 legs, including but not limited to spiders, mites, ticks, centipedes and wood lice. See Maine Revised Statutes Title 7 Sec. 604

Intended parent: means a person, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction or a gestational carrier agreement. See Maine Revised Statutes Title 19-A Sec. 1832

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}

Intermediate educational unit: means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act, 20 United States Code § 1402, (23) as in effect prior to June 4, 1997 and that is a public authority, other than a local educational agency, under the general supervision of the department, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State. See Maine Revised Statutes Title 20-A Sec. 7001

Intertidal zone: means the shores, flats or other land between the high and mean low water mark. See Maine Revised Statutes Title 12 Sec. 6071-A

Investigational allowance: means an allowance for variations inherent in the taking, preparation, analysis or testing of an official sample of a plant or soil amendment. See Maine Revised Statutes Title 7 Sec. 776

Irritant: means any substance, not corrosive, which on immediate, prolonged or repeated contact with normal living tissue will induce inflammatory reaction. See Maine Revised Statutes Title 7 Sec. 502

Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802

Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802

Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement

Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.

Label: means a display of written, printed or graphic matter upon or attached to the immediate package or container of any substance; and a requirement made by or under authority of this subchapter that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper, and on all accompanying literature where there are directions for use, written or otherwise. See Maine Revised Statutes Title 7 Sec. 502

Label: means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. See Maine Revised Statutes Title 7 Sec. 604

Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or in the case of a bulk shipment the information shall accompany delivery. See Maine Revised Statutes Title 7 Sec. 712

Label: means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments. See Maine Revised Statutes Title 7 Sec. 762

Label: means any written, printed or graphic matter upon the immediate container or accompanying a plant or soil amendment. See Maine Revised Statutes Title 7 Sec. 776

Labeling: means the label and all other written, printed or graphic matter:

A. See Maine Revised Statutes Title 7 Sec. 604

Labeling: means all labels and other written, printed or graphic matter upon a commercial feed or any of its containers or wrapper, or accompanying such commercial feed. See Maine Revised Statutes Title 7 Sec. 712

Labeling: means any written, printed or graphic matter, upon or accompanying any plant or soil amendment, or advertisements, brochures, posters or television or radio announcements used in promoting the sale of the plant or soil amendment. See Maine Revised Statutes Title 7 Sec. 776

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

Land: means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. See Maine Revised Statutes Title 7 Sec. 604

Law: includes decisional and statutory law and rules and regulations having the force of law. See Maine Revised Statutes Title 19-A Sec. 2802

Legal age: means the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Legislative subcommittee: means 3 or more Legislators from a legislative committee appointed for the purpose of conducting legislative business on behalf of the committee. See Maine Revised Statutes Title 1 Sec. 402

License: means a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry, and a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity, but does not mean a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9?B. See Maine Revised Statutes Title 19-A Sec. 2101

Licensed camping facility: means a recreational camp, youth camp or camping area licensed under Title 22, section 2495. See Maine Revised Statutes Title 12 Sec. 9001-A

Licensed commodities: means dry beans and other vegetables listed in rules established pursuant to section 453, but does not mean potatoes, which are governed by chapter 103, subchapter 10, article 3. See Maine Revised Statutes Title 7 Sec. 452

Licensee: means an individual holding a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry except an individual holding a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9?B. See Maine Revised Statutes Title 19-A Sec. 2101

Licensee: means any person who holds a commodities license issued under this subchapter. See Maine Revised Statutes Title 7 Sec. 452

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

Limestone: means a material capable of neutralizing soil acidity, consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate. See Maine Revised Statutes Title 7 Sec. 762

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

Managerial employee: means an employee of an organization whose position requires substantial control over the organization's decision making, business operations, financial management or contracting and procurement activities. See Maine Revised Statutes Title 1 Sec. 1012

Manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See Maine Revised Statutes Title 7 Sec. 712

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

Marl: means a granular or loosely consolidated loam composed largely of clays, sea shell fragments and carbonates of calcium and magnesium. See Maine Revised Statutes Title 7 Sec. 762

Medical support: means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise or for other medical costs not covered by insurance. See Maine Revised Statutes Title 19-A Sec. 1501

Membership: means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. See Maine Revised Statutes Title 20-A Sec. 15001

Microenterprise: means a business located in the State that produces goods or provides services and has fewer than 10 full-time equivalent employees. See Maine Revised Statutes Title 5 Sec. 13063-J

Mineral feed: means a commercial feed intended to supply primarily mineral elements or inorganic nutrients. See Maine Revised Statutes Title 7 Sec. 712

misbranded: as used in this chapter or chapter 103 applies to all articles of commercial feeding stuff, commercial fertilizer or food, the package or label of which bears any statement, design or device regarding such article, or the ingredients or substances contained therein, that is false or misleading in any particular or that is falsely branded in any particular. See Maine Revised Statutes Title 7 Sec. 484

misbranded package of a hazardous substance: means a hazardous substance in a container intended or suitable for household use unless the product bears a label with the information specified in section 507, except as otherwise provided by or pursuant to this subchapter. See Maine Revised Statutes Title 7 Sec. 502

Mixed fertilizers: means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth. See Maine Revised Statutes Title 7 Sec. 742

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.

Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.

Municipal officers: means the elected mayor, aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of a plantation located in Piscataquis County. See Maine Revised Statutes Title 30-A Sec. 822

Nematode: means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented roundworms with elongated fusiform or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; nematodes may also be called nemas or eelworms. See Maine Revised Statutes Title 7 Sec. 604

Net weight: means the weight of amending ingredients plus other ingredients as offered for sale, exclusive of the weight of any package or container. See Maine Revised Statutes Title 7 Sec. 776

New criminal conduct: refers to criminal activity by a defendant occurring after bail has been set. See Maine Revised Statutes Title 15 Sec. 1003

Oath: A promise to tell the truth.

Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72

Obligee: means any person to whom a duty of support is owed. See Maine Revised Statutes Title 19-A Sec. 101

Obligee: means :

A. See Maine Revised Statutes Title 19-A Sec. 2802

Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101

Obligor: means an individual or the estate of a decedent:

A. See Maine Revised Statutes Title 19-A Sec. 2802

Officer: means an employee of a financial institution who has been given managerial or other high-level duties by the governing body of the financial institution. See Maine Revised Statutes Title 9-B Sec. 131

Official sample: means a sample of feed taken by the commissioner or the commissioner's agent in accordance with section 720, subsections 3, 5 or 6. See Maine Revised Statutes Title 7 Sec. 712

Official sample: means any sample of commercial fertilizer taken by the commissioner. See Maine Revised Statutes Title 7 Sec. 742

Official sample: means any sample of plant or soil amendment taken by the commissioner and designated as "official" by the commissioner. See Maine Revised Statutes Title 7 Sec. 776

Other ingredients: means any ingredients present in plant or soil amendments which are not plant-amending ingredients or soil-amending ingredients, respectively. See Maine Revised Statutes Title 7 Sec. 776

Out-of-state: means a foreign country or a state other than this State. See Maine Revised Statutes Title 9-B Sec. 131

Out-of-state financial institution: means a financial institution organized under provisions of law of a foreign country or a state other than this State that maintains, or seeks to establish and maintain, a branch in this State. See Maine Revised Statutes Title 9-B Sec. 131

Packaged biosolids: means biosolids distributed in a sealed container provided by the distributor of the material. See Maine Revised Statutes Title 7 Sec. 742

Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101

Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1

Parent: means an individual who has established parentage that meets the requirements of this chapter. See Maine Revised Statutes Title 19-A Sec. 1832

Parentage: means the legal relationship between a child and a parent as established in this chapter. See Maine Revised Statutes Title 19-A Sec. 1832

percentage: means the percentage by weight. See Maine Revised Statutes Title 7 Sec. 742

percentage: means by weight. See Maine Revised Statutes Title 7 Sec. 762

percentage: means percent or percentage by weight. See Maine Revised Statutes Title 7 Sec. 776

percentages: means percentages by weights. See Maine Revised Statutes Title 7 Sec. 712

Person: means an individual, corporation, partnership, joint venture, trust, estate or unincorporated association. See Maine Revised Statutes Title 9-B Sec. 131

Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101

Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency or instrumentality; or any other legal or commercial entity. See Maine Revised Statutes Title 19-A Sec. 2802

Person: means and includes any corporation, association, copartnership or one or more individuals. See Maine Revised Statutes Title 7 Sec. 502

Person: means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 7 Sec. 604

Person: includes individual, partnership, corporation and association. See Maine Revised Statutes Title 7 Sec. 712

Person: includes individual, partnership, association, firm and corporation. See Maine Revised Statutes Title 7 Sec. 742

Person: means individual, partnership, association, firm or corporation. See Maine Revised Statutes Title 7 Sec. 762

Person: means individual, partnership, association, firm or corporation, municipality or quasi-municipal entity. See Maine Revised Statutes Title 7 Sec. 776

Person: shall include any individual, partnership, corporation, company, society or association. See Maine Revised Statutes Title 7 Sec. 1042

Pest: means any insects, rodents, nematodes, fungi, weeds, and other forms of terrestrial or aquatic plant or animal life or viruses, bacteria or other microorganisms, except viruses, bacteria or other microorganisms on or in living human beings or other living animals, that the commissioner declares to be a pest under section 610, subsection 1, paragraph A. See Maine Revised Statutes Title 7 Sec. 604

Pesticide: includes a highly toxic pesticide. See Maine Revised Statutes Title 7 Sec. 604

Pet: means any domesticated animal normally maintained in or near the household of the owner thereof. See Maine Revised Statutes Title 7 Sec. 712

Pet food: means any commercial feed prepared and distributed for consumption by pets. See Maine Revised Statutes Title 7 Sec. 712

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

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

Plant amendment: means any product distributed consisting of a plant-amending ingredient and other ingredients. See Maine Revised Statutes Title 7 Sec. 776

Plant regulator: means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof. See Maine Revised Statutes Title 7 Sec. 604

Plant-amending ingredients: means any substance applied to plants or seeds which is intended to improve germination, growth, yield, product quality, reproduction, flavor or other desirable characteristics of plants, except commercial fertilizers, soil amendments, agricultural liming materials, animal and vegetable manures, pesticides, plant regulators and other like materials, which may be exempted by rule. See Maine Revised Statutes Title 7 Sec. 776

Plant-incorporated protectant: means a pesticidal substance that is produced and used in a living plant through genetic engineering and the genetic material necessary for the production of the pesticidal substance. See Maine Revised Statutes Title 7 Sec. 604

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.

Post-conviction: means any point in a criminal proceeding after a verdict or finding of guilty or after the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003

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.

Preconviction: means any point in a criminal proceeding before a verdict in the context of a jury trial or finding of guilty in the context of a jury-waived trial or before the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Presumed parent: means a person who pursuant to section 1881 is recognized as the parent of a child. See Maine Revised Statutes Title 19-A Sec. 1832

Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1

Private 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.

Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.

Processor: means any person other than a consumer who purchases or contracts to purchase licensed commodities primarily for manufacture into articles of food by operations which change the physical form the commodities possessed when harvested. See Maine Revised Statutes Title 7 Sec. 452

Product name: means the name of the commercial feed that identifies it as to kind, class or specific use and distinguishes it from all other products bearing the same brand name. See Maine Revised Statutes Title 7 Sec. 712

Protect health and the environment: means to protect against any unreasonable adverse effects on the environment. See Maine Revised Statutes Title 7 Sec. 604

Public access officer: means the person designated pursuant to section 413, subsection 1. See Maine Revised Statutes Title 1 Sec. 402

Public assistance: means money payments and medical care furnished to or on behalf of dependent children by the State. See Maine Revised Statutes Title 19-A Sec. 2101

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 proceedings: as used in this subchapter means the transactions of any functions affecting any or all citizens of the State by any of the following:

A. See Maine Revised Statutes Title 1 Sec. 402

public records: means any written, printed or graphic matter or any mechanical or electronic data compilation from which information can be obtained, directly or after translation into a form susceptible of visual or aural comprehension, that is in the possession or custody of an agency or public official of this State or any of its political subdivisions, or is in the possession or custody of an association, the membership of which is composed exclusively of one or more of any of these entities, and has been received or prepared for use in connection with the transaction of public or governmental business or contains information relating to the transaction of public or governmental business, except:

A. See Maine Revised Statutes Title 1 Sec. 402

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

Quorum: The number of legislators that must be present to do business.

Radioactive substance: means any substance which emits ionizing radiation. See Maine Revised Statutes Title 7 Sec. 502

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.

Reasonable cost: means the cost of private health insurance to the parent responsible for providing medical support that does not exceed amounts adopted by the Department of Health and Human Services in a rule implementing a cost-reasonableness standard. See Maine Revised Statutes Title 19-A Sec. 1501

Reasonable office hours: includes all regular office hours of an agency or official. See Maine Revised Statutes Title 1 Sec. 402

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 19-A Sec. 1832

Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}

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 school unit: means the state-approved unit of school administration as established pursuant to chapter 103?A. See Maine Revised Statutes Title 20-A Sec. 1

Register: means to file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802

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

Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Maine Revised Statutes Title 19-A Sec. 2802

Registrant: means a person who has registered any pesticide pursuant to the provisions of this subchapter. See Maine Revised Statutes Title 7 Sec. 604

Registrant: means the person who registers commercial fertilizer under this subchapter. See Maine Revised Statutes Title 7 Sec. 742

Registrant: means the person who registers plant or soil amendments under the provisions of this subchapter. See Maine Revised Statutes Title 7 Sec. 776

Registration: includes reregistration. See Maine Revised Statutes Title 7 Sec. 604

Related services: means special education transportation and such developmental, corrective and other related services, as defined by the commissioner, as are required to assist children with disabilities to benefit from their special education programs. See Maine Revised Statutes Title 20-A Sec. 7001

Relative: means an individual who is related to the Legislator or the Legislator's spouse or the Legislator's domestic partner as a parent; child; sibling; sibling of a parent; sibling of a parent once removed; first cousin; child of a sibling or of a spouse's or domestic partner's sibling; spouse; domestic partner; grandparent; grandchild; parent-in-law; spouse or domestic partner of a child; sibling of a spouse or domestic partner; stepparent; stepchild; stepsibling; and half-sibling and includes the betrothed of the Legislator. See Maine Revised Statutes Title 1 Sec. 1012

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.

Reportable liability: means any unsecured loan of $3,000 or more received from a person who is not a relative. See Maine Revised Statutes Title 1 Sec. 1012

Residence: means , with reference to a person's eligibility to receive career and technical education, the school administrative unit in which is located the legal residence of the person's parent if the person has not reached 18 years of age, the legal residence of the person after the person reaches 18 years of age or the legal residence of the person after the person becomes an emancipated minor. See Maine Revised Statutes Title 20-A Sec. 8301-A

Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802

Responsible parent: means the parent of a dependent child. See Maine Revised Statutes Title 19-A Sec. 2101

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Restricted use pesticide: means any pesticide or pesticide use classified for restricted use by the EPA Administrator. See Maine Revised Statutes Title 7 Sec. 604

Retailer: means a person engaged in the business of buying licensed commodities in wholesale quantities and reselling the licensed commodities bought, primarily to consumers. See Maine Revised Statutes Title 7 Sec. 452

Review committee: means the joint standing committee of the Legislature having jurisdiction over judiciary matters. See Maine Revised Statutes Title 1 Sec. 431

Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.

Rodent: means any member of the animal group of the order rodentia, including but not limited to rats, mice, gophers, porcupines and squirrels. See Maine Revised Statutes Title 7 Sec. 604

Sale: includes every contract of purchase or sale, contract to purchase or sell, purchase, sale and disposition of licensed commodities for value. See Maine Revised Statutes Title 7 Sec. 452

Satellite program: means a program providing career and technical education to secondary students and middle school level students that is operated, under section 8403?A, by a school administrative unit affiliated with a center. See Maine Revised Statutes Title 20-A Sec. 8301-A

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

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

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

Seller: means any person who sells or contracts to sell licensed commodities in the regular course of business. See Maine Revised Statutes Title 7 Sec. 452

Service corporation: means a corporation, limited liability company or limited partnership substantially all the activities of which consist of originating, purchasing, selling and servicing loans and participation interests therein; or clerical, bookkeeping, accounting and statistical or similar functions related to a financial institution or real estate activities; or management, personnel, marketing or investment counseling related to a financial institution or real estate activities; or establishing or operating one or more satellite facilities; or any activity authorized by the superintendent by rule or order that has been authorized under federal law for service corporations owned or controlled by national banks, federally chartered savings and loan associations, federally chartered savings banks or federally chartered credit unions. See Maine Revised Statutes Title 9-B Sec. 131

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.

shield: as used in this subchapter , shall include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States or of this State, or a copy, picture or representation thereof. See Maine Revised Statutes Title 1 Sec. 252

Soil amendment: means any product distributed consisting of a soil-amending ingredient and other ingredients. See Maine Revised Statutes Title 7 Sec. 776

Soil-amending ingredient: means any substance which is intended to improve the chemical, biological or physical characteristics of the soil, except commercial fertilizers, plant-amending ingredients, agricultural liming materials, unmanipulated animal and vegetable manures, pesticides and other like material, exempted by rule. See Maine Revised Statutes Title 7 Sec. 776

Special education: means specially designed instruction, at no cost to parents, to meet the unique needs of children with disabilities, as defined by the commissioner, including:

A. See Maine Revised Statutes Title 20-A Sec. 7001

special education program: is a full-time or part-time educational program designed to provide an equal educational opportunity to children with disabilities through the delivery of special education services by qualified individuals. See Maine Revised Statutes Title 20-A Sec. 7001

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

Specialty pet: means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles. See Maine Revised Statutes Title 7 Sec. 712

Specialty pet food: means any commercial feed prepared and distributed for consumption by specialty pets. See Maine Revised Statutes Title 7 Sec. 712

Spray adjuvant: means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier or similar agent that is intended to be used with any other pesticide as an aid to the application or the effect of it and that is in a package or container separate from that of the other pesticide. See Maine Revised Statutes Title 7 Sec. 604

state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101

state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802

State agency: shall mean each department and agency of State Government required to comply with chapter 149, except that the term "state agency" shall not include the University of Maine System or the Maine Maritime Academy. See Maine Revised Statutes Title 5 Sec. 1706

State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1

State licensed agency: means an institution or facility licensed by the State to provide education, emotional or mental health services, alcohol or drug rehabilitation, boarding care or other child care services to a person between the ages of 5 and 20 years. See Maine Revised Statutes Title 20-A Sec. 7001

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 property: includes property purchased with funds, such as fees for conferences and seminars conducted by a state agency, received by or on behalf of the State or any department or agency outside of the normal system of accounts and controls. See Maine Revised Statutes Title 5 Sec. 20

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

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Strong sensitizer: means any substance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the commissioner. See Maine Revised Statutes Title 7 Sec. 502

Summons: Another word for subpoena used by the criminal justice system.

Superintendent: means the Superintendent of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131

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

Support enforcement agency: means a public official or agency authorized to:

A. See Maine Revised Statutes Title 19-A Sec. 2802

Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 19-A Sec. 2101

Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Maine Revised Statutes Title 19-A Sec. 2802

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

terrorism: means conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure; [PL 2003, c. See Maine Revised Statutes Title 1 Sec. 402

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

Ton: means a net weight of 2,000 pounds avoirdupois. See Maine Revised Statutes Title 7 Sec. 712

Ton: means a net weight of 2,000 pounds avoirdupois. See Maine Revised Statutes Title 7 Sec. 742

Ton: means a net weight of 2,000 pounds avoirdupois or metric weight, if and when appropriate and in accordance with rules. See Maine Revised Statutes Title 7 Sec. 762

Ton: means a net weight of 2,000 pounds avoirdupois. See Maine Revised Statutes Title 7 Sec. 776

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 capital: means the sum of capital, as defined in subsection 6, plus capital notes and debentures, other instruments approved by the superintendent and the allowance for loan losses or other similar reserves. See Maine Revised Statutes Title 9-B Sec. 131

Toxic: means any substance other than a radioactive substance that has the inherent capacity to produce bodily injury or illness to humans through ingestion, inhalation or absorption through any body surface. See Maine Revised Statutes Title 7 Sec. 502

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.

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

Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. See Maine Revised Statutes Title 19-A Sec. 2802

tribunal of this State: means the District Court or the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2802

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

Unpackaged biosolids: means biosolids distributed in a loose, unpackaged form in an unsealed container, including, but not limited to, a tote bag, tote tank, bin, tank, trailer, spreader truck, railcar and pickup truck bed or other container provided by the final user solely for transport of the material. See Maine Revised Statutes Title 7 Sec. 742

Unreasonable adverse effects on the environment: means any unreasonable risk to human beings or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide. See Maine Revised Statutes Title 7 Sec. 604

Value: means fair market value as of the date of the attachment or, in a proceeding under the United States Code, Title 11, the date of the filing of the petition. See Maine Revised Statutes Title 14 Sec. 4421

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.

Violation of legislative ethics: means a violation of the prohibitions in section 1014 or 1015?A. See Maine Revised Statutes Title 1 Sec. 1012

Weed: means any plant that grows where it is not wanted. See Maine Revised Statutes Title 7 Sec. 604

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

Weight: means the weight of undried material as offered for sale. See Maine Revised Statutes Title 7 Sec. 762

Wildlife: means all living things that are neither human, domesticated nor, as defined in this subchapter, pests, including but not limited to mammals, birds and aquatic life. See Maine Revised Statutes Title 7 Sec. 604

Writ: A formal written command, issued from the court, requiring the performance of a specific act.