Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.40 - UNEMPLOYMENT INSURANCE
Subchapter 24.40.5 - NEW
Rule 24.40.501 - EMPLOYEE STATUS - DETERMINATION OF INDEPENDENT CONTRACTORS - DEPARTMENT PROCEDURES

Universal Citation: MT Admin Rules 24.40.501

Current through Register Vol. 18, September 20, 2024

(1) The department applies the requirements set out in ARM Title 24, chapter 35, to make initial determinations regarding employment status.

(2) After investigation, the department may issue an initial written determination on whether an individual is an independent contractor. Any person or employing unit aggrieved by this initial determination may request investigation and a decision by the department's compliance and investigations bureau pursuant to ARM Title 24, chapter 35, subchapters 2 and 3, within ten days of notice of the initial determination.

(a) A party is considered to have been given notice on the date a written notice is served or three days after a written notice is mailed to the party.

(b) interview the individual, co-workers, or the employing unit;

(3) Thereafter, the process set out in ARM Title 24, chapter 35, subchapters 2 and 3 controls.

AUTH: 39-51-301, 39-51-302, MCA; IMP: 39-51-201, 39-51-204, 39-51-1109, 39-51-2402, 39-71-418, MCA

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