Maine Revised Statutes > Title 5 > Part 4 > Chapter 153 – Public Improvements
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Subchapter 1 | Powers; Bids and Contracts Generally | 1741 – 1754 |
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Terms Used In Maine Revised Statutes > Title 5 > Part 4 > Chapter 153 - Public Improvements
- Abandonment: means any conduct on the part of the parent showing an intent to forego parental duties or relinquish parental claims. See Maine Revised Statutes Title 22 Sec. 4002
- Abuse: includes acts and omissions. See Maine Revised Statutes Title 22 Sec. 3472
- Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17?A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. See Maine Revised Statutes Title 22 Sec. 4002
- Academic detailing: means the provision of information regarding prescription drugs based on scientific and medical research, including information on therapeutic and cost-effective use of prescription drugs. See Maine Revised Statutes Title 22 Sec. 2685
- Adult: means any person who has attained 18 years of age or who is a legally emancipated minor. See Maine Revised Statutes Title 22 Sec. 3472
- 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.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- agency: means any unit of State Government or local government, including any state board or commission, and the Legislature and its committees and subcommittees, but not including the judicial branch, the University of Maine System, the Maine Community College System and the Maine Maritime Academy. See Maine Revised Statutes Title 5 Sec. 92-A
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. See Maine Revised Statutes Title 28-A Sec. 2
- Agency records: means records of government agencies to which they retain legal title, but that have been transferred to the custody of the Maine State Archives to effect economies and efficiency in their storage and use pending their ultimate disposition as authorized by law. See Maine Revised Statutes Title 5 Sec. 92-A
- Aggravating factor: means any of the following circumstances with regard to the parent. See Maine Revised Statutes Title 22 Sec. 4002
- Aircraft: means a machine or device designed for flight. See Maine Revised Statutes Title 12 Sec. 10001
- Airline corporation: means a person operating regularly scheduled intrastate or interstate passenger air transportation. See Maine Revised Statutes Title 28-A Sec. 2
- Alcohol: means the substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, and includes all dilutions and mixtures of these substances. See Maine Revised Statutes Title 28-A Sec. 2
- Allegation: something that someone says happened.
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appointment of agent: means a statement appointing an agent for service of process filed by a domestic entity that is not a filing entity or a nonqualified foreign entity under section 112. See Maine Revised Statutes Title 5 Sec. 102
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Archives: means government records that have been determined by the State Archivist, with advice from the Archives Advisory Board, to have sufficient value to warrant their continued preservation and that are in the physical and legal custody of the Maine State Archives. See Maine Revised Statutes Title 5 Sec. 92-A
- Arrest: Taking physical custody of a person by lawful authority.
- At-risk: means there is reasonable cause to suspect that a child's health, safety and welfare is in jeopardy due to abuse, neglect, abandonment or similar circumstances and that return to the child's or the child's parent's country of origin or country of last habitual residence would not be in the best interest of the child. See Maine Revised Statutes Title 22 Sec. 4099-I
- Auditorium: means a commercially operated indoor or outdoor facility designed or used for the gathering of an audience for speeches and live performances of theater, music, dance or other performing arts that charges a fee and has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2
- Average wholesale price: means the wholesale price charged on a specific commodity that is assigned by the drug manufacturer and is listed in a nationally recognized drug pricing file. See Maine Revised Statutes Title 22 Sec. 2681
- 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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Bed and breakfast: means a place that advertises itself as a bed and breakfast where the public for a fee may obtain overnight accommodations that include a sleeping room or rooms and at least one meal per day. See Maine Revised Statutes Title 28-A Sec. 2
- Bed and breakfast guest: means a person whose name and address are registered on a registry maintained by a bed and breakfast and who is the bona fide occupant of a room of the bed and breakfast. See Maine Revised Statutes Title 28-A Sec. 2
- 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.
- Board: means the Maine Retirement Savings Board under section 172. See Maine Revised Statutes Title 5 Sec. 171
- Board: means the Employee Suggestion System Board established in subsection 3. See Maine Revised Statutes Title 5 Sec. 651
- Board: means the Manufactured Housing Board. See Maine Revised Statutes Title 10 Sec. 9002
- Board: means the Manufactured Housing Board or its employees. See Maine Revised Statutes Title 10 Sec. 9061
- bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2
- Bottler: means a person that packages spirits, wine or malt liquor for sale in containers and is not engaged in distilling, brewing, fermenting or rectifying liquor. See Maine Revised Statutes Title 28-A Sec. 2
- Bounds of the watercourse: means the high-water marks of the shorelines of the lakes and ponds, the high-water marks of the intervening and connecting waters and the high-water marks of the banks of the streams and rivers of the watercourse. See Maine Revised Statutes Title 12 Sec. 1872
- Brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Budget committee: means the Penobscot County Budget Committee. See Maine Revised Statutes Title 30-A Sec. 900-K Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2 Camping area: means , in addition to the generally accepted interpretations, lakeshore places, picnic and lunch grounds or other premises where tents or recreational vehicles are permitted and licensed under Title 22, section 2495. See Maine Revised Statutes Title 12 Sec. 1900 Campsite: means a camping location containing tents, registered tent trailers, registered pickup campers, registered recreational vehicles, registered trailers or similar devices used for camping. See Maine Revised Statutes Title 12 Sec. 682 Canoe: means a form of small watercraft with no rudder or sails that is long and narrow, sharp on both ends or sharp on one end and blunt on the other end usually propelled by paddles or a small motor. See Maine Revised Statutes Title 12 Sec. 1872 Caretaker: means any individual or institution who has or assumes the responsibility for the care of an adult. See Maine Revised Statutes Title 22 Sec. 3472 Case plan prescription: means a plan developed by the family support team. See Maine Revised Statutes Title 22 Sec. 4092 Catering: means service of liquor with or without food by a person to groups at a prearranged function. See Maine Revised Statutes Title 28-A Sec. 2 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. Cave: includes natural subsurface water and drainage systems, but does not include any mine, tunnel or other artificial excavation. See Maine Revised Statutes Title 12 Sec. 544-J Cave life: means any life-form normally found in a cave. See Maine Revised Statutes Title 12 Sec. 544-J Certificate of approval holder: means :
A. See Maine Revised Statutes Title 28-A Sec. 2Chambers: A judge's office. Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. child: means an unmarried person who has not attained 21 years of age. See Maine Revised Statutes Title 22 Sec. 4099-I Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Child protection proceeding: means a proceeding on a child protection petition under subchapter VI, a subsequent proceeding to review or modify a case disposition under section 4038, an appeal under section 4006, a proceeding on a termination petition under subchapter VI, or a proceeding on a medical treatment petition under subchapter VIII. See Maine Revised Statutes Title 22 Sec. 4002 Child sex trafficking: means the recruitment, harboring, transportation, provision or obtaining of a child for the purposes of a commercial sex act as defined in 22 United States Code § 7102(4). See Maine Revised Statutes Title 22 Sec. 4002 Civic auditorium: means a municipal, county or state or a quasi-municipal, quasi-county or quasi-state owned or operated auditorium or civic center. See Maine Revised Statutes Title 28-A Sec. 2 Class A lounge: means a place where liquor is sold at tables, booths and counters. See Maine Revised Statutes Title 28-A Sec. 2 Class A restaurant: means a place that is regularly used for the purpose of providing full meals for the public on the premises, that is equipped with a separate and complete kitchen and that maintains adequate dining room equipment and capacity for preparing and serving full meals upon the premises. See Maine Revised Statutes Title 28-A Sec. 2 Clerk: means the person described in Title 13?C, chapter 5?A. See Maine Revised Statutes Title 5 Sec. 102 Clerk filing: means the public organic document of a domestic filing entity formed under Title 13?C. See Maine Revised Statutes Title 5 Sec. 102 Club: means a group of individuals incorporated and operating in a bona fide manner solely for purposes of recreational, social, patriotic or fraternal nature and not for pecuniary gain. See Maine Revised Statutes Title 28-A Sec. 2 Club member: means a person who, whether as a charter member or admitted in accordance with the bylaws of the club, is a bona fide member of that club and who maintains membership in good standing by payment of dues in a bona fide manner in accordance with bylaws and whose name and address are entered on the list of members. See Maine Revised Statutes Title 28-A Sec. 2 commerce: shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State. See Maine Revised Statutes Title 5 Sec. 206 Commercial clerk: means a clerk who is listed under section 106. See Maine Revised Statutes Title 5 Sec. 102 Commercial registered agent: means an individual or a domestic or foreign entity listed under section 106. See Maine Revised Statutes Title 5 Sec. 102 Commercial sporting camp: means a building or group of buildings devoted primarily to the offering of primitive lodging facilities for a fee to persons primarily in pursuit of primitive recreation or snowmobiling. See Maine Revised Statutes Title 12 Sec. 682 Commission: means the State Liquor and Lottery Commission established in Title 5, section 12004?G, subsection 14. See Maine Revised Statutes Title 28-A Sec. 2 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 12 Sec. 1801 Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 10 Sec. 9061 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 544 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Commissioner: means the Commissioner of Health and Human Services or a designated representative in the geographical area in which the person resides or is present. See Maine Revised Statutes Title 22 Sec. 3472 Common consumption area: means an area designated as a common area within an entertainment district in which customers of more than one common consumption area licensee are permitted to consume spirits, wine and malt liquor sold by the common consumption area licensees. See Maine Revised Statutes Title 28-A Sec. 2 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 Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC Community-based offshore wind energy project: means a wind energy development, as defined by Title 35?A, section 3451, subsection 11, with an aggregate generating capacity of less than 3 megawatts that meets the following criteria: the generating facilities are wholly or partially located on or above the coastal submerged lands of the State; the generating facilities are located within one nautical mile of one or more islands that are within the unorganized and deorganized areas of the State and the project will offset part or all of the electricity requirements of those island communities; and the development meets the definition of "community-based renewable energy project" as defined by Title 35?A, section 3602, subsection 1. See Maine Revised Statutes Title 12 Sec. 682 Continuance: Putting off of a hearing ot trial until a later time. Control station: means a regular stopping place maintained by the bureau where users of the waterway may be registered. See Maine Revised Statutes Title 12 Sec. 1872 Conviction: A judgement of guilt against a criminal defendant. Corporation: means a corporation organized and incorporated under the laws of the State or authorized to transact business within the State. See Maine Revised Statutes Title 28-A Sec. 2 Counterclaim: A claim that a defendant makes against a plaintiff. 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: includes , but is not limited to, the Probate Court and District Court, or any other state court with juvenile jurisdiction. See Maine Revised Statutes Title 22 Sec. 4099-I Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Covered drugs: means drugs that are on the MaineCare preferred drug list established and revised from time to time by the department pursuant to its authority to operate the MaineCare program. See Maine Revised Statutes Title 22 Sec. 2681 Covered employee: means an individual who is 18 years of age or older who is employed by a covered employer and who has wages or other compensation that are allocable to the State during a calendar year. See Maine Revised Statutes Title 5 Sec. 171 Covered employer: means a person or entity engaged in a business, industry, profession, trade or other enterprise in the State, whether for profit or not for profit, that has not offered to its employees, effective in form or operation at any time within the current calendar year or 2 preceding calendar years, a specified tax-favored retirement plan. See Maine Revised Statutes Title 5 Sec. 171 Critical area: means any natural area documented by the Natural Areas Program that is conserved or protected in its natural condition through voluntary action. See Maine Revised Statutes Title 12 Sec. 544 Custodial parent: means a parent with custody. See Maine Revised Statutes Title 22 Sec. 4002 Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale. See Maine Revised Statutes Title 10 Sec. 9061 Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 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 12 Sec. 1801 Department: means the Department of Professional and Financial Regulation or its employees. See Maine Revised Statutes Title 10 Sec. 9061 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 adult: includes , but is not limited to, any of the following:
A. See Maine Revised Statutes Title 22 Sec. 3472Developed swim area: means an area delineated by line buoys in accordance with the aids to navigation system established pursuant to section 1894. See Maine Revised Statutes Title 12 Sec. 1900 Development: means all of the methods used in the preparation of a known and presumed economically extractable ore deposit for mining. See Maine Revised Statutes Title 12 Sec. 549-A Devise: To gift property by will. Director: means the Director of the Office of Policy Innovation and the Future established by section 3102. See Maine Revised Statutes Title 5 Sec. 3101 Director: means the Director of the Bureau of Parks and Lands. See Maine Revised Statutes Title 12 Sec. 1801 Director of the survey: means the executive head of the survey under section 543, subsection 1. See Maine Revised Statutes Title 12 Sec. 549-A Dirigo Health insurance: means the program of health coverage provided under Title 24-A, section 6910. See Maine Revised Statutes Title 22 Sec. 2685 Disc golf course: means a commercially operated facility that offers disc golfing facilities to the public for a fee and that has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Distributor: means any person engaged in the sale and distribution of manufactured homes for resale. See Maine Revised Statutes Title 10 Sec. 9061 Documentary material: shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording wherever situate. See Maine Revised Statutes Title 5 Sec. 206 Domestic entity: means an entity whose internal affairs are governed by the laws of this State. See Maine Revised Statutes Title 5 Sec. 102 Donor: The person who makes a gift. Dwelling unit: means any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, time-share units, and apartments. See Maine Revised Statutes Title 12 Sec. 682 Ecological reserve: means an area owned or leased by the State, under the jurisdiction of the bureau, designated by the director for the purpose of maintaining one or more natural community types or native ecosystem types in a natural condition and range of variation and contributing to the protection of Maine's biological diversity and managed:
A. See Maine Revised Statutes Title 12 Sec. 1801Elderly low-cost drug program: means the elderly low-cost drug program provided under section 254-D. See Maine Revised Statutes Title 22 Sec. 2685 Electronic record: means a record whose content is not readable unless retrieved by means of an electronic device such as a computer or an audio or video player. See Maine Revised Statutes Title 5 Sec. 92-A Emergency: refers to a situation in which:
A. See Maine Revised Statutes Title 22 Sec. 3472Emergency services: refers to those services necessary to avoid serious harm. See Maine Revised Statutes Title 22 Sec. 3472 Emergency use: means a use resulting from unforeseen circumstances that calls for immediate action to protect persons or property. See Maine Revised Statutes Title 12 Sec. 1872 Endangered species: means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 Enterprise fund: means the Maine Retirement Savings Program Enterprise Fund established in section 178. See Maine Revised Statutes Title 5 Sec. 171 Entertainment district: means an area that is located within a municipality that is established by ordinance of the municipal legislative body in accordance with section 221. See Maine Revised Statutes Title 28-A Sec. 2 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. Entity: means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:
A. See Maine Revised Statutes Title 5 Sec. 102Equitable: 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 ERISA: means the federal Employee Retirement Income Security Act of 1974, as amended, 29 United States Code § 1001 et seq. See Maine Revised Statutes Title 5 Sec. 171 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. Exploitation: means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage. See Maine Revised Statutes Title 22 Sec. 3472 Exploration: means an examination of an area for the purpose of discovering the presence of minerals with techniques which include all of the manual, mechanical, electronic or chemical methods of determining the presence, size and quality of a mineral deposit. See Maine Revised Statutes Title 12 Sec. 549-A Explosives: means explosive materials which are used to explore, develop or mine a mineral deposit. See Maine Revised Statutes Title 12 Sec. 549-A Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Family support team: means a specialized team of professionals evaluating children who are suspected victims of child abuse and neglect as defined in section 4002, subsection 1. See Maine Revised Statutes Title 22 Sec. 4092 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 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fetal alcohol spectrum disorder: means a condition whose effects include having facial characteristics, growth restriction, central nervous system abnormalities or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age. See Maine Revised Statutes Title 22 Sec. 4002 Fiduciary: A trustee, executor, or administrator. Filing entity: means an entity that is created by the filing of a public organic document. See Maine Revised Statutes Title 5 Sec. 102 Financial exploitation: means the use of deception, intimidation, undue influence, force or other unlawful means to obtain control over the property of a dependent adult for another's profit or advantage. See Maine Revised Statutes Title 22 Sec. 3472 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 Foreign entity: means an entity other than a domestic entity. See Maine Revised Statutes Title 5 Sec. 102 Foreign qualification document: means an application for a certificate of authority or other foreign qualification filing with the Secretary of State by a foreign entity. See Maine Revised Statutes Title 5 Sec. 102 Fortified wine: means :
A. See Maine Revised Statutes Title 28-A Sec. 2Foster parent: means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with whom the child lives pursuant to a court order or agreement with the department. See Maine Revised Statutes Title 22 Sec. 4002 Fraud: Intentional deception resulting in injury to another. Full meal: means a meal consisting of a diversified selection of food that ordinarily cannot be consumed without the use of tableware and that cannot be conveniently consumed while standing or walking. See Maine Revised Statutes Title 28-A Sec. 2 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Golf course: means a commercially operated facility, whether publicly or privately owned, that offers golfing facilities to the public for a fee, including a regulation-size golf course of no fewer than 9 holes and an average total of not less than 1,200 yards per 9 holes, that has a value of not less than $100,000 and that has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2 Governance interest: means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee or proxy, to:
A. See Maine Revised Statutes Title 5 Sec. 102Governor: means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Maine Revised Statutes Title 5 Sec. 102 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grandparent: means the parent of a child's parent. See Maine Revised Statutes Title 22 Sec. 4002 Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001 Hard cider: means liquor produced by fermentation of the juice of apples or pears, including, but not limited to, flavored, sparkling or carbonated cider, that contains not less than 1/2 of 1% alcohol by volume and not more than 8. See Maine Revised Statutes Title 28-A Sec. 2 Health plan: means a health plan providing prescription drug coverage as authorized under the federal Medicare Prescription Drug, Improvement and Modernization Act of 2003, Public Law 108-173. See Maine Revised Statutes Title 22 Sec. 2685 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Herbicide: means a substance or mixture of substances used to destroy, dessicate, defoliate or prevent the growth of unwanted vegetation. See Maine Revised Statutes Title 12 Sec. 1872 Historic site: means any area of land owned, leased or otherwise controlled by the State, with or without buildings, improvements or other structures, that has been classified by the director for public use wholly or primarily because of its historical, archaeological or scientific interest or value. See Maine Revised Statutes Title 12 Sec. 1801 Homeless youth: means a person 21 years of age or younger who is unaccompanied by a parent or guardian and is without shelter where appropriate care and supervision are available, whose parent or legal guardian is unable or unwilling to provide shelter and care or who lacks a fixed, regular and adequate nighttime residence. See Maine Revised Statutes Title 22 Sec. 4099-D Hotel: means a place where the public obtains sleeping accommodations for consideration and where food is offered for sale to the public, whether or not under one roof. See Maine Revised Statutes Title 28-A Sec. 2 Hotel guest: means a person whose name and address are registered on a registry maintained by a hotel and who is the bona fide occupant of a room of the hotel. See Maine Revised Statutes Title 28-A Sec. 2 Incapacitated adult: means an adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonably available appropriate technological assistance. See Maine Revised Statutes Title 22 Sec. 3472 Incorporated civic organization: means an organization incorporated as a corporation without stock under Title 13, chapter 81 or Title 13?B with a civic or charitable purpose, including but not limited to relief of poverty, advancement of education and the arts, promotion of social health, safety and welfare, fostering community and economic development, protection against animal cruelty, combating community deterioration, lessening the burdens of government and providing assistance to the underprivileged and distressed. See Maine Revised Statutes Title 28-A Sec. 2 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72 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 Inter vivos: Transfer of property from one living person to another living person. Interest: means :
A. See Maine Revised Statutes Title 5 Sec. 102Interest holder: means a direct holder of an interest. See Maine Revised Statutes Title 5 Sec. 102 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 Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 5 Sec. 171 IRA: means a traditional IRA or Roth IRA. See Maine Revised Statutes Title 5 Sec. 171 jeopardy: means serious abuse or neglect, as evidenced by:
A. See Maine Revised Statutes Title 22 Sec. 4002Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Keg: means a container capable of holding at least 5 gallons of liquid. See Maine Revised Statutes Title 28-A Sec. 2 Labeler: means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207. See Maine Revised Statutes Title 22 Sec. 2681 Labeler: means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 Code of Federal Regulations, 207. See Maine Revised Statutes Title 22 Sec. 2697 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 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Legacy: A gift of property made by will. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. 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. 9321-B Licensed establishment: means premises to which a license for the sale of spirits, wine or malt liquor to be consumed on or off the licensed premises applies and any person or organization that is licensed to sell spirits, wine or malt liquor during the times and in the places and manners as specified in the license. See Maine Revised Statutes Title 28-A Sec. 2 Licensed mental health professional: means a psychiatrist, licensed psychologist, licensed clinical social worker or certified social worker. See Maine Revised Statutes Title 22 Sec. 4002 Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2 Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local government: means a municipality, county, school district or other special-purpose district or multi-purpose district. See Maine Revised Statutes Title 5 Sec. 92-A Lock Dam Lot: means a certain lot or parcel of land described as follows:
Beginning at a point on the East town line of Township 7, Range 13 on the south bank of the thoroughfare between Chamberlain and Eagle Lakes, said point beginning 4 miles + 26. See Maine Revised Statutes Title 12 Sec. 1872Low-alcohol spirits product: means a product containing spirits that has more than 1/2 of 1% of alcohol by volume but no more than 8% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 Machinery: means equipment or machinery, exclusive of vehicles, which is used to explore, develop or mine a mineral deposit. See Maine Revised Statutes Title 12 Sec. 549-A Maine Rx Plus Program: means the Maine Rx Plus Program established under section 2681. See Maine Revised Statutes Title 22 Sec. 2685 MaineCare program: means the MaineCare program administered under chapter 855. See Maine Revised Statutes Title 22 Sec. 2685 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Management plan: means a plan of timber harvesting operations for areas within the Allagash Wilderness Waterway. See Maine Revised Statutes Title 12 Sec. 1872 Manufactured home: means a structure, transportable in one or more sections, that is 8 body feet or more in width and is 32 body feet or more in length and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. See Maine Revised Statutes Title 10 Sec. 9081 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 Manufactured housing: means for the purpose of this subchapter, a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width, and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that the term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9061 Manufactured housing community: means a parcel or adjoining parcel of land, under single ownership, that has been planned and improved for the placement of 3 or more manufactured homes, but does not include a construction camp. See Maine Revised Statutes Title 10 Sec. 9081 Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. See Maine Revised Statutes Title 28-A Sec. 2 Manufacturer: means any person engaged in manufacturing or assembling manufactured homes, regardless of the destination of the homes, including any person engaged in importing homes for resale. See Maine Revised Statutes Title 10 Sec. 9061 Manufacturer: means a manufacturer of prescription drugs and includes a subsidiary or affiliate of a manufacturer. See Maine Revised Statutes Title 22 Sec. 2697 Minerals: means all naturally occurring mineral deposits, including hydrocarbons and peat, but excluding sand, gravel and water. See Maine Revised Statutes Title 12 Sec. 549-A Minibar: means a self-contained locking cabinet, refrigerated or unrefrigerated, designed for storing, dispensing and selling liquor and related merchandise. See Maine Revised Statutes Title 28-A Sec. 2 Mining: means all of the extractive and beneficiative processes necessary to remove and prepare a mineral deposit for market. See Maine Revised Statutes Title 12 Sec. 549-A Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Moratorium: means a temporary land use regulation or ordinance approved by the commission or a municipal legislative body which prevents development or subdivision by withholding authorization or approval necessary for development. See Maine Revised Statutes Title 12 Sec. 682 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Multiple use: means :
A. See Maine Revised Statutes Title 12 Sec. 1831Multiple use: means :
A. See Maine Revised Statutes Title 12 Sec. 1845Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of plantations. See Maine Revised Statutes Title 28-A Sec. 2 Municipal official: means any elected member of a municipal government in Penobscot County. See Maine Revised Statutes Title 30-A Sec. 900-K Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Natural area: means any area of land or water, or both land and water, whether publicly or privately owned, that retains or has reestablished its natural character, though it need not be completely natural and undisturbed, and that supports, harbors or otherwise contains endangered, threatened or rare plants, animals and native ecological systems, or rare or unique geological, hydrological, natural historical, scenic or other similar features of scientific and educational value benefiting the citizens of the State. See Maine Revised Statutes Title 12 Sec. 544 Neglect: means a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these. See Maine Revised Statutes Title 22 Sec. 3472 Noncitizen: means any person who is not a United States citizen. See Maine Revised Statutes Title 22 Sec. 4099-I Noncommercial clerk: means a clerk that is not listed as a commercial clerk under section 106 and that is:
A. See Maine Revised Statutes Title 5 Sec. 102Noncommercial registered agent: means a person that is not listed as a commercial registered agent under section 106 and that is:
A. See Maine Revised Statutes Title 5 Sec. 102Nonqualified foreign entity: means a foreign entity that is not authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102 Nonreserved public lands: means all public domain lands, public islands in inland and coastal waters, lands acquired under section 8003, subsection 3, paragraph N, lands acquired by the bureau pursuant to other lawful authority and any other lands the management and control of which are not otherwise provided for by law. See Maine Revised Statutes Title 12 Sec. 1801 Nonresident LLP statement: means :
A. See Maine Revised Statutes Title 5 Sec. 102Oath: A promise to tell the truth. Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Off-premises catering: means service of liquor with or without food by a licensee to groups at prearranged functions located at a place other than the licensee's premises. See Maine Revised Statutes Title 28-A Sec. 2 Office: means the Office of Policy Innovation and the Future established by section 3102. See Maine Revised Statutes Title 5 Sec. 3101 On-premises retail licensee: means a person licensed to sell liquor to be consumed on the premises where sold. See Maine Revised Statutes Title 28-A Sec. 2 Ore: means any mineral or an aggregate of minerals which can be extracted from the earth economically. See Maine Revised Statutes Title 12 Sec. 549-A Organic law: means the statutes, if any, other than this chapter, governing the internal affairs of an entity. See Maine Revised Statutes Title 5 Sec. 102 Organic rules: means the public organic document and private organic rules of an entity. See Maine Revised Statutes Title 5 Sec. 102 Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Outdoor stadium: means a commercially operated outdoor facility with 3,000 or more fixed seats that is designed or used for the playing of a sport or for an event, that is open to the public for a fee and that has adequate facilities for the sale and consumption of wine, malt liquor and spirits. See Maine Revised Statutes Title 28-A Sec. 2 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who owns title to land where a cave is located. See Maine Revised Statutes Title 12 Sec. 544-J Parent: means a natural or adoptive parent or a parent established under Title 19?A, chapter 61, unless parental rights have been terminated. See Maine Revised Statutes Title 22 Sec. 4002 Park: means any area of land or an interest in land, with or without improvements, that is acquired by or under the control of the State, managed primarily for public recreation or conservation purposes and classified by the director as a park, including:
A. See Maine Revised Statutes Title 12 Sec. 1801Participant: means an individual who has an IRA under the program. See Maine Revised Statutes Title 5 Sec. 171 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. payroll deduction IRA arrangement: means an arrangement by which an employer allows employees to contribute to an IRA by means of payroll deduction. See Maine Revised Statutes Title 5 Sec. 171 Performing arts center: means a charitable or nonprofit corporation incorporated as a corporation without capital stock under Title 13, chapter 81 and that has as its primary purpose the encouragement, promotion and presentation of the arts for the benefit of the public. See Maine Revised Statutes Title 28-A Sec. 2 Permanent incapacity: means a guardian or conservator has been appointed by a court of competent jurisdiction to manage the affairs of an office holder. See Maine Revised Statutes Title 30-A Sec. 1 Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2 Person: means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 5 Sec. 102 Person: shall include , where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. See Maine Revised Statutes Title 5 Sec. 206 Person: means an individual or entity, including but not limited to a corporation, partnership, firm, organization, company, homeowner, consumer or purchaser. See Maine Revised Statutes Title 10 Sec. 9002 Person: means individuals, partnerships, corporations and other entities. See Maine Revised Statutes Title 12 Sec. 549-A Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002 Person responsible for the child: includes the child's custodian. See Maine Revised Statutes Title 22 Sec. 4002 Plaintiff: The person who files the complaint in a civil lawsuit. Planned subdistrict: means a delineated area for which a specific land use plan and standards have been agreed to by the owner of the land within the delineated area and approved by the commission. See Maine Revised Statutes Title 12 Sec. 682 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Preadoptive parent: means a person who has entered into a preadoption agreement with the department with respect to the child. See Maine Revised Statutes Title 22 Sec. 4002 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. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2 Premises: includes lands, private ways and any buildings and structures located on the lands or private ways. See Maine Revised Statutes Title 12 Sec. 10001 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. Private organic rules: means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all of its interest holders and are not part of its public organic document, if any. See Maine Revised Statutes Title 5 Sec. 102 Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision. Program: means the Maine Retirement Savings Program established in accordance with this chapter. See Maine Revised Statutes Title 5 Sec. 171 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protective services: means services that separate incapacitated or dependent adults from danger. See Maine Revised Statutes Title 22 Sec. 3472 Protocols: means procedures developed for the interaction of the suspected child abuse and neglect committee and family support team. See Maine Revised Statutes Title 22 Sec. 4092 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 organic document: means the public record, the filing of which creates an entity, and any amendment to or restatement of that record. See Maine Revised Statutes Title 5 Sec. 102 Public reserved lands: means :
A. See Maine Revised Statutes Title 12 Sec. 1801Public service corporation: means an airline corporation, railroad corporation or vessel corporation operating in the State. See Maine Revised Statutes Title 28-A Sec. 2 Qualified catering service: means a catering establishment as defined in Title 22, chapter 562 and licensed by the Department of Health and Human Services. See Maine Revised Statutes Title 28-A Sec. 2 Qualified entity: means a camping area, recreational camp or governmental entity or governmentally sponsored group. See Maine Revised Statutes Title 12 Sec. 1900 Qualified foreign entity: means a foreign entity that is authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102 Qualified residential treatment program: means a program within a licensed children's residential care facility as defined in section 8101, subsection 4 that provides continuous 24-hour care and supportive services to children in a residential nonfamily home setting that:
A. See Maine Revised Statutes Title 22 Sec. 4002Quorum: The number of legislators that must be present to do business. Railroad corporation: means a corporation operating one or more dining cars or passenger cars within the State. See Maine Revised Statutes Title 28-A Sec. 2 Real estate: means land and structures attached to it. See Maine Revised Statutes Title 12 Sec. 682 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 Recess: A temporary interruption of the legislative business. Record: includes records of historic and archival value to the State, regardless of the date of their generation, including all documents determined to have such value to the State by statute and, when appropriate, by the State Archivist. See Maine Revised Statutes Title 5 Sec. 92-A 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 5 Sec. 102 Records retention schedule: means a policy document that defines the minimum time a record must be retained and contains disposition instructions on how the record must be handled when no longer needed for agency business. See Maine Revised Statutes Title 5 Sec. 92-A Recreational camp: means day camps, boys and girls camps and family, hunting, fishing and similar camps licensed under Title 22, section 2495. See Maine Revised Statutes Title 12 Sec. 1900 Recreational campfire: includes a residential fire contained within an out-of-door fireplace. See Maine Revised Statutes Title 12 Sec. 9321-B Rectifier: means a person that produces spirits or low-alcohol spirits products by combining spirits with other products. See Maine Revised Statutes Title 28-A Sec. 2 Red flag warning: means a forecast warning issued by the United States Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service or its successor, in consultation with the bureau, that informs the public, firefighters and land management agencies that conditions are ideal for wildland fire combustion and rapid spread. See Maine Revised Statutes Title 12 Sec. 9321-B Register of critical areas: means the official listing of critical areas. See Maine Revised Statutes Title 12 Sec. 544 Registered agent: means a commercial registered agent or a noncommercial registered agent. See Maine Revised Statutes Title 5 Sec. 102 Registered agent filing: means :
A. See Maine Revised Statutes Title 5 Sec. 102registered 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 regularly: includes daily, weekly or monthly, but does not include once a year or less often. See Maine Revised Statutes Title 28-A Sec. 2 Relative: includes , for an Indian child as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 4, or by the Maine Indian Child Welfare Act, section 3943, subsection 8, an extended family member as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, an extended family member as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 2 or the Maine Indian Child Welfare Act, section 3943, subsection 5. See Maine Revised Statutes Title 22 Sec. 4002 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. Removal of the child from home: means that the department or a court has taken a child out of the home of the parent, legal guardian or custodian without the permission of the parent or legal guardian. See Maine Revised Statutes Title 22 Sec. 4002 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Represented entity: means :
A. See Maine Revised Statutes Title 5 Sec. 102Reselling agent: means an agency liquor store with a federal and state license permitting the agency liquor store to sell spirits to a retail licensee licensed for on-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Resource family: means a person or persons who provide care to a child in the child welfare system and who are foster parents, permanency guardians, adoptive parents or members of the child's extended birth family. See Maine Revised Statutes Title 22 Sec. 4002 Restaurant: means a place that is regularly used for the purpose of providing food for the public and that has adequate and sanitary kitchen and dining room equipment and capacity for preparing and serving suitable food for the public. See Maine Revised Statutes Title 28-A Sec. 2 Restricted zone: means a land area of from 400 feet to 800 feet that extends in all directions from the bounds of the watercourse and includes all land areas within the bounds of the watercourse and all additional areas that may be added by mutual agreement between the director and private property owners. See Maine Revised Statutes Title 12 Sec. 1872 retail licensee: means a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink for on-premises or off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 retail pharmacy: means a retail pharmacy located in this State, or another business licensed to dispense prescription drugs in this State, that participates in the program. See Maine Revised Statutes Title 22 Sec. 2681 Retail sale: means any single sale of liquor for consumption on or off the premises where sold and whether in the original package or as a mixed drink for immediate consumption. See Maine Revised Statutes Title 28-A Sec. 2 Retirement system: means the Maine Public Employees Retirement System established in section 17101. See Maine Revised Statutes Title 5 Sec. 171 Roth IRA: means a Roth individual retirement account or Roth individual retirement annuity described in Section 408A of the Internal Revenue Code. See Maine Revised Statutes Title 5 Sec. 171 Royalty: means the amount paid to the State for the right to remove minerals from state land, including minimum and preproduction payments. See Maine Revised Statutes Title 12 Sec. 549-A Runaway: means an unmarried child under 18 years of age who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian or lawful custodian. See Maine Revised Statutes Title 22 Sec. 4099-D Secondary discounted price: means the initial discounted price minus any further discounts paid for out of the fund. See Maine Revised Statutes Title 22 Sec. 2681 Secretary: means the Secretary of the United States Department of Housing and Urban Development. See Maine Revised Statutes Title 10 Sec. 9061 sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2 Serious harm: means :
A. See Maine Revised Statutes Title 22 Sec. 3472Serious harm: means :
A. See Maine Revised Statutes Title 22 Sec. 4002Serious injury: means serious physical injury or impairment. See Maine Revised Statutes Title 22 Sec. 4002 Setback: means the minimum horizontal distance from a lot line, shoreline or road to the nearest part of a structure. See Maine Revised Statutes Title 12 Sec. 682 Sexual abuse or sexual exploitation: means contact or interaction of a sexual nature involving an incapacitated or dependent adult without that adult's informed consent. See Maine Revised Statutes Title 22 Sec. 3472 Shoreline: means the normal high water mark of tidal waters, a coastal or inland wetland, a standing body of water or flowing water. See Maine Revised Statutes Title 12 Sec. 682 Sign: means , with present intent to authenticate or adopt a record:
A. See Maine Revised Statutes Title 5 Sec. 102Similar circumstances: means conditions that have an effect on a child comparable to abuse, neglect or abandonment, including, but not limited to, the death of a parent. See Maine Revised Statutes Title 22 Sec. 4099-I Small brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Small distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Small winery: means a person that ferments and ages:
A. See Maine Revised Statutes Title 28-A Sec. 2Spaghetti-lot: means a parcel of land with a lot depth to shore frontage ratio greater than 5 to 1. See Maine Revised Statutes Title 12 Sec. 682 Species: means any recognized taxonomic category of the biota including species, subspecies or variety. See Maine Revised Statutes Title 12 Sec. 544 Species of special concern: means a species of fish or wildlife that is not an endangered species or a threatened species but meets criteria for being of special concern as established by the commissioner by rule under section 10105, subsection 19. See Maine Revised Statutes Title 12 Sec. 10001 Specified tax-favored retirement plan: means a plan, program or arrangement that is tax-qualified under or described in, and satisfies the requirements of, Section 401(a), Section 401(k), Section 403(a), Section 403(b), Section 408(k), Section 408(p) or Section 457(b) of the Internal Revenue Code, without regard to whether it constitutes an employee benefit plan under ERISA. See Maine Revised Statutes Title 5 Sec. 171 Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2 Spirits supplier: means a person that provides spirits for sale by the bureau in the State, including:
A. See Maine Revised Statutes Title 28-A Sec. 2State administrative agency: means the department that has been approved or conditionally approved to carry out the state plan for enforcement of the standards pursuant to section 623 of the Housing and Community Development Act of 1974, Public Law 93-383, 42 United States Code § 5422 and Title 24 of the Code of Federal Regulations, Part 3282, Subpart G. See Maine Revised Statutes Title 10 Sec. 9061 State employee: means any employee of an agency, independent agency or parts of agencies which receive support from the General Fund or that are established, created or incorporated by reference to the laws, except nonpartisan staff of the Legislature. See Maine Revised Statutes Title 5 Sec. 21 State employee health insurance program: means the state employee health insurance program provided under Title 5, section 285. See Maine Revised Statutes Title 22 Sec. 2685 State lands: means all lands owned or held in trust by the State or in which the State holds an interest, including inland and tidal submerged lands and waters. See Maine Revised Statutes Title 12 Sec. 549-A State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72 Statute: A law passed by a legislature. Structure: means anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, buildings, mobile homes, retaining walls, billboards, signs, piers and floats. See Maine Revised Statutes Title 12 Sec. 682 subdivision: means a division of an existing parcel of land into 3 or more parcels or lots within any 5-year period, whether this division is accomplished by platting of the land for immediate or future sale, by sale of the land or by leasing. See Maine Revised Statutes Title 12 Sec. 682 Submerged lands: means :
A. See Maine Revised Statutes Title 12 Sec. 1801Subpoena: A command to a witness to appear and give testimony. Subpoena duces tecum: A command to a witness to produce documents. Summons: Another word for subpoena used by the criminal justice system. Suspected child abuse and neglect committee: means a committee representing public and private community agencies, hospital departments and the department which are directly involved in providing services to suspected victims of child abuse and the victims' families. See Maine Revised Statutes Title 22 Sec. 4092 Suspicious child death: means the death of a child under circumstances in which there is reasonable cause to suspect that abuse or neglect was a cause of or factor contributing to the child's death. See Maine Revised Statutes Title 22 Sec. 4002 Sustained yield: means the achievement and maintenance in perpetuity of a high-level regular periodic output of the various renewable resources of the nonreserved public lands without impairing the productivity of the land. See Maine Revised Statutes Title 12 Sec. 1831 Sustained yield: means the achievement and maintenance in perpetuity of a high-level regular periodic output of the various renewable resources of the public reserved lands without impairing the productivity of the land. See Maine Revised Statutes Title 12 Sec. 1845 Swim line: means a line, rope or a series of buoys used to delineate an area of surface water for the purpose of swimming. See Maine Revised Statutes Title 12 Sec. 1900 System: means the Employee Suggestion System established in subsection 2. See Maine Revised Statutes Title 5 Sec. 651 Tavern: means a place where malt liquor may be sold at tables, booths and counters. See Maine Revised Statutes Title 28-A Sec. 2 Telos Dam Lot: means a certain lot or parcel of land situated in Township 6, Range 11, WELS, being known as the Telos Dam Lot, being a square lot 20 chains on each side. See Maine Revised Statutes Title 12 Sec. 1872 Tenant brewery: means a person that has submitted a brewer's notice to and received approval from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the person to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce malt liquor and low-alcohol spirits products consisting of malt liquor to which spirits have been added at a manufacturing facility of another brewery that is licensed by the bureau. See Maine Revised Statutes Title 28-A Sec. 2 Tenant winery: means a person who has been issued an approved application for an alternating proprietorship from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the winery to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce wine or hard cider at a manufacturing facility of another winery who is licensed by the bureau. See Maine Revised Statutes Title 28-A Sec. 2 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Threatened species: means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 Timber and grass: when used in reference to the public reserved lots, so called, in unorganized territory in the State, means all growth of every description on said lots. See Maine Revised Statutes Title 1 Sec. 72 Timber harvesting operation: means the cutting and removal of trees from their growing site and the attendant operation of mobile or portable chipping mills and of cutting and skidding machinery, including the creation and use of skid trails, skid roads and winter haul roads and the construction or creation of land management roads. See Maine Revised Statutes Title 12 Sec. 1872 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Traditional IRA: means a traditional individual retirement account or traditional individual retirement annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code. See Maine Revised Statutes Title 5 Sec. 171 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. Transferable interest: means the right under an entity's organic law to receive distributions from the entity. See Maine Revised Statutes Title 5 Sec. 102 Transient occupancy: means occupancy that does not exceed 120 days in a calendar year. See Maine Revised Statutes Title 12 Sec. 682 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Undue influence: means the misuse of real or apparent authority or the use of manipulation by a person in a trusting, confidential or fiduciary relationship with a person who is a dependent adult or an incapacitated adult. See Maine Revised Statutes Title 22 Sec. 3472 Unincorporated place: means a place which is not incorporated as a municipality. See Maine Revised Statutes Title 28-A Sec. 2 Unorganized and deorganized areas: includes :
A. See Maine Revised Statutes Title 12 Sec. 682Use: means an activity of any form, kind or description. See Maine Revised Statutes Title 12 Sec. 1872 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Vessel: means a ship, vessel or boat of any kind used for navigation of the coastal waters or for commercial navigation of inland waters and licensed for carrying no fewer than 25 passengers under the requirements of the Public Utilities Commission or the United States Coast Guard. See Maine Revised Statutes Title 28-A Sec. 2 Victim advocate: work with prosecutors and assist the victims of a crime. Visible from the watercourse: means able to be seen by a person at any point on the watercourse from Churchill Dam north without the aid of any magnifying devices. See Maine Revised Statutes Title 12 Sec. 1872 Wages: means any compensation within the meaning of Section 219(f)(1) of the Internal Revenue Code that is received by an employee from an employer during a calendar year. See Maine Revised Statutes Title 5 Sec. 171 Water safety zone: means the area of water within 200 feet of shoreline, whether the shoreline of the mainland or of an island. See Maine Revised Statutes Title 12 Sec. 1900 Water treatment company: means a company that installs or services water treatment equipment. See Maine Revised Statutes Title 22 Sec. 2660-FF Water treatment equipment: means equipment located inside a private residence and designed to alter the condition of water for human consumption, including by means of filtration, purification, softening and reverse osmosis. See Maine Revised Statutes Title 22 Sec. 2660-FF Watercourse: means the bodies of water consisting of lakes, rivers and streams extending from Telos Lake Dam northerly to the confluence of West Twin Brook and Allagash River, a distance of approximately 85 miles, and bodies of water consisting of lakes and streams extending from where Allagash Stream crosses the west boundary of T. See Maine Revised Statutes Title 12 Sec. 1872 Watercraft: means any type of vessel, boat, canoe or craft used or capable of being used as a means of transportation on waters, other than a seaplane. See Maine Revised Statutes Title 12 Sec. 1872 Wholesale licensee: means a person licensed by the bureau under section 1401 as an in-state wholesaler. See Maine Revised Statutes Title 28-A Sec. 2 Wholesale spirits provider: means a person that has a contract under section 90 to serve as an agent of the State for the purpose of providing wholesale spirits to establishments licensed by the State to sell spirits for off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Wholesaler: means a person that engages in the purchase and resale of malt liquor or wine, or both, in sealed bottles, containers or original packages, as prepared for the market by the manufacturer at the place of manufacture, but not for consumption, except during a taste-testing event conducted in accordance with the requirements of this Title. See Maine Revised Statutes Title 28-A Sec. 2 Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001 Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 Winery: means a person that ferments and ages wine. See Maine Revised Statutes Title 28-A Sec. 2