Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.40 - UNEMPLOYMENT INSURANCE
Subchapter 24.40.9 - NEW
Rule 24.40.911 - LIE DETECTOR TESTS-DRUG AND ALCOHOL TESTING

Universal Citation: MT Admin Rules 24.40.911

Current through Register Vol. 18, September 20, 2024

(1) A claimant will not be disqualified for benefits under this chapter solely for the reason that the claimant is denied employment or continuation of employment for refusing to submit to a polygraph test or any form of a mechanical lie detector test, or on the basis of the results of any such test.

(2) An individual disqualified for benefits based on 39-51-2303(3), MCA remains disqualified until the individual has performed services:

(a) for which remuneration is received equal to or in excess of eight times the individual's weekly benefit amount subsequent to the week in which the act causing the disqualification occurred; and

(b) that constitute employment as defined in 39-51-203 and 39-51-204, MCA.

(3) For the purposes of the Workforce Drug and Alcohol Testing Act, an unemployment insurance benefits hearing is a legal action in which the results of a drug or alcohol test may be introduced, provided that the results and testimony about the results are protected from public disclosure.

AUTH: 39-51-301, 39-51-302, MCA; IMP: 39-51-2303, 39-51-2304, MCA

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