Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
017 - MAINE STATE HARNESS RACING COMMISSION
Chapter 1 - ADMINISTRATION
Section 017-1-2 - Rules of Construction
Current through 2024-13, March 27, 2024
The following rules of construction shall be observed in the interpretation of these rules, unless such interpretation is inconsistent with the plain meaning of the rule.
1. Acts by agents. When an act that may be lawfully done by an agent is done by one authorized to do it, the agent's principal may be regarded as having done it.
2. And; or. The words "and" and "or" are convertible as the sense of a rule may require.
3. Conflict with laws. A rule in conflict with the Maine Revised Statutes is invalid to the extent of that conflict.
4. Dates. Wherever in the rules a reference is made to several dates and the dates given in the reference are connected by the word "to", the reference includes both the dates which are given and all intervening dates.
5. Rules of a Similar Nature. In the interpretation or construction of any rule, other harness racing rules of a similar nature may be used to assist in that interpretation or construction.
6. Situations not addressed by a Rule. In any instance where a situation is not covered by the MHRC rules, the Commission will refer to the most recent edition of the United States Trotting Association Rules for guidance on the matter.
7. Gender. In the interpretation of these rules, gender-neutral construction shall be applied when it is clear that the rule is not exclusively applicable to members of one sex.
8. Severability. The provisions of the rules are severable. If any provision of the rules is invalid or if the application of the rules to any person or circumstance is invalid, that invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application.
9. Singular and plural. Words of the singular number may include the plural; and words of the plural number may include the singular.
10. Shall; must, may. "Shall" and "must" are terms of equal weight that indicate a mandatory duty, action or requirement. "May" indicates authorization or permission to act.
11. Statutory references. Wherever in the rules the word "chapter" or "subchapter" appears without definite reference, it refers to the chapter or subchapter in which the word "chapter" or "subchapter" appears. Wherever in the rules a numbered section appears without reference to a numbered chapter, it refers to the section of the chapter in which the numbered section appears.
Wherever in the rules a reference is made to several sections, subsections, paragraphs, subparagraphs, divisions, subdivisions or sentences, the section, subsection, paragraph, subparagraph, division, subdivision or sentence numbers given in the reference are connected by the word "to," the reference includes both the sections, subsections, paragraphs, subparagraphs, divisions, subdivisions or sentences whose numbers are given and all intervening sections, subsections, paragraphs, subparagraphs, divisions, subdivisions and sentences.
12. Words and phrases. Words and phrases shall be construed according to the common meaning of the language. Technical words and phrases and such as have a peculiar meaning convey such technical or peculiar meaning.
