Maine Revised Statutes > Title 5 > Part 1 > Chapter 13 – Department of Administrative and Financial Services

Current as of: 2023 | Check for updates | Other versions

		Sections
Subchapter 1	General Provisions	281 – 284
Subchapter 2	State Employee Health Insurance Program	285 – 286-B
Subchapter 3	Health Insurance Program for Retired Law Enforcement Officers and Firefighters	286-M – 286-N

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Terms Used In Maine Revised Statutes > Title 5 > Part 1 > Chapter 13 - Department of Administrative and Financial Services

Accumulated contributions: means the sum of all the amounts credited to a member's individual account, together with regular interest thereon. See Maine Revised Statutes Title 4 Sec. 1201
Act: means the Maine Governmental Facilities Authority Act. See Maine Revised Statutes Title 4 Sec. 1603
Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board of trustees. See Maine Revised Statutes Title 4 Sec. 1201
Administrative compliance order: means an administrative order that is issued by the commissioner against a public water system in violation of state drinking water laws, regulations or rules. See Maine Revised Statutes Title 22 Sec. 2601
Administrative consent order: means an order issued by the commissioner pursuant to a bilateral agreement between the commissioner and a public water system in violation of state drinking water laws, regulations or rules. See Maine Revised Statutes Title 22 Sec. 2601
Administrative penalty: means a fine imposed by the commissioner against a public water system in violation of state drinking water laws, regulations or rules. See Maine Revised Statutes Title 22 Sec. 2601
Administrative remedy: means an administrative compliance order, an administrative consent order or an administrative penalty. See Maine Revised Statutes Title 22 Sec. 2601
Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Maine Revised Statutes Title 9-B Sec. 131
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
Amortization: Paying off a loan by regular installments.
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.
Appraisal: A determination of property value.
Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authority: means the Maine Governmental Facilities Authority as established by this Act. See Maine Revised Statutes Title 4 Sec. 1603
Available facility: means a facility in which all or a part of the facility is unused and available for leasing. See Maine Revised Statutes Title 5 Sec. 1782
Average final compensation: means :

A. See Maine Revised Statutes Title 4 Sec. 1201

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Beneficiary: means any person who receives or is designated to receive a benefit provided by this chapter. See Maine Revised Statutes Title 4 Sec. 1201

Bequest: Property gifted by will.

Board: means the Manufactured Housing Board. See Maine Revised Statutes Title 10 Sec. 9002

Board: means the Board of Licensure of Water System Operators. See Maine Revised Statutes Title 22 Sec. 2621

Board of trustees: means the board provided for in section 1231. See Maine Revised Statutes Title 4 Sec. 1201

Bonds: means any bonds or securities of the Maine Governmental Facilities Authority issued pursuant to this Act. See Maine Revised Statutes Title 4 Sec. 1603

Bottler: means a person that extracts water in this State to be sold as bottled water. See Maine Revised Statutes Title 22 Sec. 2660-AA

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.

Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72

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

Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 4 Sec. 1201

Commission: means the Maine Public Drinking Water Commission. See Maine Revised Statutes Title 22 Sec. 2660-B

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

Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001

Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.

Community water system: means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. See Maine Revised Statutes Title 22 Sec. 2660-B

Consumer Price Index: means the Consumer Price Index for All Urban Consumers, CPI-U, as compiled by the United States Department of Labor, Bureau of Labor Statistics; or, if the index is revised or superseded, the board shall employ the Consumer Price Index compiled by the Bureau of Labor Statistics, United States Department of Labor that the board of trustees finds to be most reflective of changes in the purchasing power of the dollar for the broadest population of consumers, including retired consumers. See Maine Revised Statutes Title 4 Sec. 1201

Contaminant: means any physical, chemical, biological or radiological substance or matter in water. See Maine Revised Statutes Title 22 Sec. 2601

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.

county commissioners: means the county commissioners of Somerset County. See Maine Revised Statutes Title 30-A Sec. 895

County officers: means the commissioners, treasurer, sheriff, register of deeds and register of probate of a county. See Maine Revised Statutes Title 30-A Sec. 1

County or municipal law enforcement officer: means a person who by virtue of employment by a county or municipal government in the State is vested by law with the power to make arrests for crimes or serve criminal process, whether that power extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 5 Sec. 286-M

Court reporting services: means services provided by a court reporter. See Maine Revised Statutes Title 4 Sec. 771

Court reporting services provider: means a business, entity or firm that provides or arranges for court reporting services. See Maine Revised Statutes Title 4 Sec. 771

Creditable service: means membership service and prior service as a judge which is credited towards retirement in accordance with subchapter IV. See Maine Revised Statutes Title 4 Sec. 1201

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

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

Dealer: shall mean any person engaged in the business of dealing in, selling, buying, exchanging or trading in weighing or measuring devices in this State;

[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302

Dealer: means a person engaged in the sale, offering for sale, brokering or distribution of manufactured housing to a licensed dealer, developer dealer or consumer. See Maine Revised Statutes Title 10 Sec. 9002

Decedent: A deceased person.

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

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 Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A

Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001

Dependent: A person dependent for support upon another.

Dependent: means a spouse, an unmarried child under 19 years of age, a child who is a student under 23 years of age and financially dependent upon the enrollee, a child of any age who is disabled and dependent upon the enrollee or a domestic partner. See Maine Revised Statutes Title 5 Sec. 286-M

Dependent child: means :

A. See Maine Revised Statutes Title 4 Sec. 1201

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

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

deputy sealer: shall mean , respectively, a sealer of weights and measures, and a deputy sealer of weights and measures, of a municipality or of several municipalities;

[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302

Developer dealer: means a person who purchases state-certified manufactured housing from a licensed manufacturer or dealer for placement on property owned by the developer dealer and who offers the manufactured housing for sale to the initial purchaser of the manufactured housing. See Maine Revised Statutes Title 10 Sec. 9002

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

Division: means the Department of Administrative and Financial Services, Office of Employee Health and Wellness. See Maine Revised Statutes Title 5 Sec. 286-M

Division: means the Division of Health Engineering within the Bureau of Health, Department of Human Services. See Maine Revised Statutes Title 22 Sec. 2660-B

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

Earnable compensation: means the annual salary as a judge. See Maine Revised Statutes Title 4 Sec. 1201

Educational facility: includes but is not limited to career or technical schools, high schools and postsecondary programs. See Maine Revised Statutes Title 10 Sec. 9002

emergency medical services line personnel: means persons who are career employees employed full-time by a public sector agency or employer and whose primary responsibility is to provide emergency medical services. See Maine Revised Statutes Title 5 Sec. 286-M

Enrollee: means a county or municipal law enforcement officer or municipal firefighter who has enrolled in the program. See Maine Revised Statutes Title 5 Sec. 286-M

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}

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

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

Feasible: means capable of being done within the current limitation of economics and technology, as determined by the commissioner. See Maine Revised Statutes Title 22 Sec. 2601

Federal manufactured home construction and safety standard: means the standard for the construction, design and performance of a manufactured home that meets the needs of the public including the need for quality, durability and safety and that has been duly adopted by the Federal Government pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000, 42 United States Code § 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9002

Fiduciary: A trustee, executor, or administrator.

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

Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001

Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001

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}

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.

Fund: means the Firefighters and Law Enforcement Officers Health Insurance Program Fund established in subsection 7. See Maine Revised Statutes Title 5 Sec. 286-M

Fund: means the Public Drinking Water Fund. See Maine Revised Statutes Title 22 Sec. 2660-B

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

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

group health insurance plan: means any employer-sponsored group health insurance plan, whether self-insured or fully insured, that provides coverage to eligible employees, retirees and their dependents. See Maine Revised Statutes Title 5 Sec. 286-M

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.

Health care provider: means an appropriately licensed, certified or registered provider of mental or physical health care, in either the public or private sector. See Maine Revised Statutes Title 4 Sec. 1201

hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001

Hunting equipment: means :

A. See Maine Revised Statutes Title 12 Sec. 10001

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.

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.

Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001

Inspection agency: means an approved person or organization, public or private, determined by the board to be qualified by reason of facilities, personnel and demonstrated ability and independence of judgment to provide for inspection and approval of the design, construction or installation of manufactured housing in compliance with the standards and the rules adopted in accordance with this Act. See Maine Revised Statutes Title 10 Sec. 9002

Installation: means :

A. See Maine Revised Statutes Title 10 Sec. 9002

Installer: means a person engaged in the installation or servicing of state-certified manufactured housing. See Maine Revised Statutes Title 10 Sec. 9002

Judge: means a Justice of the Supreme Judicial Court or the Superior Court, any Judge of the District Court, any Administrative Court Judge or any Associate Administrative Court Judge who is actively serving as of December 1, 1984, or who is appointed subsequent to December 1, 1984, but does not include Active Retired Judges. See Maine Revised Statutes Title 4 Sec. 1201

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

Legal proceeding: means a proceeding or series of proceedings by which a legal judgment is invoked and includes but is not limited to:

A. See Maine Revised Statutes Title 4 Sec. 771

Legislative committee: means a joint standing committee of the Legislature, a joint select committee of the Legislature, a task force, commission or council or any other committee established by the Legislature and composed wholly or partly of Legislators for the purpose of conducting legislative business. See Maine Revised Statutes Title 5 Sec. 21

Legislative inquiry: means any request made by a legislative committee or individual Legislator to a state employee for public information or the state employee's personal opinion. See Maine Revised Statutes Title 5 Sec. 21

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

License: means a license issued by the board stating that the applicant has met the requirements for the specified operator classification. See Maine Revised Statutes Title 22 Sec. 2621

Licensed public weighmaster: shall mean and refer to all persons who shall, for hire, weigh or measure any commodity, produce or article and issue therefor, a weight certificate, which shall be accepted as the accurate weight, upon which the purchase or sale of such commodity is based;

[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302

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.

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

Majority multiple-employer welfare arrangement: means the multiple-employer welfare arrangement, as defined in Title 24?A, section 6601, subsection 5, in which the majority of state municipal government employees are enrolled as of the effective date of this section. See Maine Revised Statutes Title 5 Sec. 286-M

Manufactured housing: means a structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing facility and then transported by the use of its own chassis or placement on an independent chassis to a building site. See Maine Revised Statutes Title 10 Sec. 9002

Manufacturer: means any person engaged in manufacturing or producing manufactured housing and then selling it to a dealer. See Maine Revised Statutes Title 10 Sec. 9002

Maximum contaminant level: means the maximum concentration of a contaminant allowed under the State Primary Drinking Water Regulations in water supplied for human consumption. See Maine Revised Statutes Title 22 Sec. 2601

Mechanic: means an individual engaged in the installation or servicing of HUD-code or pre-HUD-code homes. See Maine Revised Statutes Title 10 Sec. 9002

Medical review service provider: means an entity with whom the executive director has contracted for the review of medical records and the provision of recommendations, opinions and certifications under this chapter by health care providers employed by the entity. See Maine Revised Statutes Title 4 Sec. 1201

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

Member: means a judge who is included in the membership of the Maine Judicial Retirement System as provided in section 1301. See Maine Revised Statutes Title 4 Sec. 1201

Membership service: means service rendered while a member of the Maine Judicial Retirement System for which credit is allowed under section 1302. See Maine Revised Statutes Title 4 Sec. 1201

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.

Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001

Multiple community water district: means that area comprising all municipalities served in whole or part by a single public water system plus those public water system zones within multiservice municipalities served by the same public water system. See Maine Revised Statutes Title 22 Sec. 2651-A

Multiple community water system district-wide election: means an election held in each municipality within a multiple community water district to determine whether or not to fluoridate the water supply of that system. See Maine Revised Statutes Title 22 Sec. 2651-A

Multiservice municipality: means any municipality served in whole or in part by more than one public water system. See Maine Revised Statutes Title 22 Sec. 2651-A

Municipal firefighter: means a person employed by a municipal fire department with the primary responsibility of aiding in the extinguishment of fires and includes a member of emergency medical services line personnel but does not include a member of a volunteer firefighter association. See Maine Revised Statutes Title 5 Sec. 286-M

Municipality: means a city, town or plantation. See Maine Revised Statutes Title 22 Sec. 2651-A

National Drinking Water Regulations: means the drinking water regulations promulgated by the Administrator of the U. See Maine Revised Statutes Title 22 Sec. 2601

Noncommunity water system: means a public water system that is not a community water system. See Maine Revised Statutes Title 22 Sec. 2660-B

Nondepository trust company: means any financial institution organized under chapter 121 with powers generally limited to trust or fiduciary matters. See Maine Revised Statutes Title 9-B Sec. 131

Nonpartisan staff: means the directors and staffs of the Office of Policy and Legal Analysis, the Office of Fiscal and Program Review, the Office of the Revisor of Statutes, the Legislative Information Office, the Law and Legislative Reference Library, the Office of Program Evaluation and Government Accountability, the Office of Legislative Information Technology and the Office of the Executive Director of the Legislative Council. See Maine Revised Statutes Title 5 Sec. 21

Notes: means any notes of the Maine Governmental Facilities Authority issued pursuant to this Act. See Maine Revised Statutes Title 4 Sec. 1603

Notice of noncompliance: means a formal written complaint or a notice of violation of state drinking water laws, regulations or rules. See Maine Revised Statutes Title 22 Sec. 2601

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

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

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

Operator: means an individual either employed or retained by a public water system who, as part of the individual's job duties, is assigned the responsibilities for operational activities that will have a direct impact on the quality or quantity of water provided to consumers. See Maine Revised Statutes Title 22 Sec. 2601

Own time: means an employee's personal time or authorized leave time, earned as a condition of employment. See Maine Revised Statutes Title 5 Sec. 21

Package: means any commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale;

[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302

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

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.

Party: means a party to an action that is the subject of the legal proceeding for which court reporting services are provided or sought to be provided. See Maine Revised Statutes Title 4 Sec. 771

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 both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations;