Local Health Officer Training

Section 3: I am A New LHO

The law

The term "law" relates to a system of rules and guidelines made by a government's legislators.  Maine laws, rules, and guidance documents are tools that the LHO uses in performing his or her job. The key issue in investigating different complaints or problems is identifying which state statute is relevant to resolving a particular problem.  Therefore, in resolving the problem, it is important to know how to research and find the appropriate law or rule.  How Our Laws are Made in Maine.(Word) (new window)

Maine Law: How to Read Maine Statutes

A statute is a formal written law passed by the Maine legislative branch. Statutes provide a general system of law that can be used in the resolution of specific situations. A statute can prohibit a certain act, direct a certain act, make a statement, or lay down governmental processes and procedures to help society. Statutes are assembled by volumes and published in book form as part of a code, and are available electronically. Generally, statutes are organized by subject matter and are referred to as codified law.  On the other hand, local statutes or "laws" are usually called "ordinances." Regulations, rulings, opinions, executive orders, and proclamations are not statutes.

Typically, a state has several types of codes, such as civil codes (laws related to domestic violence, divorce), criminal codes (murder, theft), welfare code (which contains laws related to public benefits), and many other codes dealing with a wide variety of topics. Statutes and Rules are updated annually, repealed, or allowed to expire.

The title of a law ordinarily starts-off with a broad subject heading that gives a concise summary of its contents, such as "An act for the prevention of the abuse of narcotics." Other statutes are given titles that briefly describe the subject matter, such as the "Americans with Disabilities Act."  

The main parts of the Maine statutory provisions consist of these elements:

1. The title number followed by a space and "M.R.S.A." for (Maine Revised Statutes Annotated) example - Title 22 M.R.S.A.
2. The section (a piece of the law) number preceded by the section symbol ( § ) and space.  Example- Title 22 M.R.S.A.  §451
3. The subsection that deals with the issue, for example-Title 22 MRSA  §451(4)

How to Read a Statute - A Diagram (pdf)

Note: Statute Titles Have no punctuation separating these elements. Nothing is italicized or underlined.

An example of a Maine Statute:  Title 22 M.R.S.A. refers to Health and Welfare; Title 22-A M.R.S.A. refers to Department of Health and Human Services; Title 30-A M.R.S.A. refers to Municipalities and Counties. If you are given the title and section numbers, you will be able to locate the law.

This section also provides you with many resource materials. You do not have to memorize it as you read. The goal for you is to understand the basics, and establish a system to find the information.

 

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