Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.35 - INDEPENDENT CONTRACTORS
Subchapter 24.35.1 - Independent Contractor Exemption Certificate
Rule 24.35.113 - INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE WAIVER
Universal Citation: MT Admin Rules 24.35.113
Current through Register Vol. 18, September 20, 2024
(1) To execute a waiver, the applicant shall complete the department-approved waiver form. The waiver form must be signed by the applicant and notarized. The applicant shall represent on the waiver form that:
(a) the applicant is engaged in each
independently established trade, occupation, profession, or business that is
specifically identified on the application form;
(b) the applicant is responsible for all
taxes related to the applicant's work as an independent contractor;
(c) the applicant controls the details of how
services are performed, both under contract and in fact, and the hiring agent
retains only the control necessary to ensure the bargained for end result;
and
(d) the applicant understands
and agrees that if the ICEC is granted, the applicant is not eligible for and
waives the right to workers' compensation or occupational disease benefits for
an injury or occupational disease related to work performed as an independent
contractor in each independently established trade, occupation, profession, or
business for which the ICEC is granted.
AUTH: 39-3-202, 39-3-403, 39-51-301, 39-71-203, 39-71-417, MCA; IMP: 39-3-201, 39-3-402, 39-51-201, 39-51-204, 39-71-417, 39-71-418, 39-71-419, MCA
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