reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.411 - INITIAL AND RENEWAL APPLICATION FOR HOME INSPECTION REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) In order to be registered by the
				department, a home inspection business shall complete a registration
				application and pay the registration fee as provided in ARM
				24.33.406.
(2) An incomplete application will be deemed
				denied after 30 days. Within six months of the deemed denial, an applicant may
				submit the required information for consideration of the application. After six
				months, the applicant must reapply.
(3) Before a registration expires, a home
				inspection business may renew its registration by applying to the department
				and paying the required fee.
(4)
				Application contents are public record open to inspection, except for
				personally identifiable information protected from public disclosure.
AUTH:
					 39-9-103,
					 39-9-212, MCA; IMP:
					 39-9-212,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.416 - APPROVAL OF APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An application
				may be made in person during regular business hours at the department's
				offices, submitted by mail, or electronically as specified by the
				department.
(2) The registration
				period is two years and expires on the two-year anniversary of the initial
				registration.
AUTH:
					 39-9-103,
					 39-9-212, MCA; IMP:
					 39-9-212,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.421 - REGISTRATION REQUIRED FOR SUBCONTRACTORS AND INDEPENDENT CONTRACTORS

Current through Register Vol. 13, July 5, 2024
(1) A home inspection worker who engages in
				subcontracting with a home inspection business of another shall individually
				register as a home inspection business.
(2) A home inspection worker who is engaged
				as an employee of a registered home inspection business must be listed on the
				employer's roster and does not need to separately register as a home inspection
				business, if the home inspection worker never:
(a) subcontracts with a registered home
				inspection business owned by another; or
(b) independently offers her or his services
				to members of the public.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.431 - HOME INSPECTOR EXAMINATIONS AND COMPREHENSIVE EDUCATION COURSES

Current through Register Vol. 13, July 5, 2024
(1) Any organization wishing to be approved
				by the department for the purposes of offering an examination for registration
				must apply to the department for approval of its examination. The organization
				must demonstrate that its examination is psychometrically valid, and covers at
				least the following topics:
(a)
				roofing;
(b) exterior;
(c) interior;
(d) structural;
(e) electrical;
(f) plumbing;
(g) heating and cooling (HVAC);
(h) insulation;
(i) fireplace and chimney; and
(j) ethical business practices, professional
				standards, and reports.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.441 - DUTY TO UPDATE ROSTER AND BUSINESS INFORMATION - SUSPENSION - REINSTATEMENT OF REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) A home
				inspection business shall provide to the department in writing, within ten days
				of the occurrence, changes to:
(a) the roster
				of home inspectors performing work for the home inspection business;
				and
(b) the business name, address,
				contact information, or type of business structure.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.445 - RENEWAL OF BUSINESS REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-9-103,
					 39-9-212, MCA; IMP:
					 39-9-212,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.461 - RECOGNITION OF CONTINUING EDUCATION COURSES

Current through Register Vol. 13, July 5, 2024
(1) Any sponsoring organization that requests
				continuing education credits be approved by the department for training must
				complete and submit a request on a form provided by the department.
(2) The department shall review the course
				submission and determine the number of credit hours to be awarded for
				completion of the course. Course topics must be germane to the skills needed
				for competency as a home inspection worker.
(3) An hour of credit is available for each
				50 minutes of continuing education instruction.
(4) Courses subject to an award of continuing
				education credits may include but are not limited to:
(a) classroom setting or seminars;
(b) self-study, electronic media;
(c) correspondence course;
(d) computer-based training; or
(e) remote training.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.471 - PENALTIES - CIVIL FINES - INJUNCTIVE RELIEF

Current through Register Vol. 13, July 5, 2024
(1) The following schedule of penalties
				(civil fines) applies to the home inspector program:
(a) failure to register:
(i) first offense $ 250
(ii) second offense 500
(iii) third offense and subsequent offenses
				1,000
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.475 - DISPUTE RESOLUTION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) A
				person receiving an adverse decision may request a hearing within 15 days from
				when the adverse decision is sent. This request does not prohibit efforts at
				conciliation or mediation.
(2) The
				hearing will be conducted as a contested case per Title 2, chapter 4, part 6,
				MCA.
(3) Because home inspector
				registration is not a licensing matter, the hearing may be conducted either
				formally or informally, at the election of the person requesting the
				hearing.
AUTH:
					 2-4-201,
					 39-9-103,
					 39-9-212, MCA; IMP:
					 2-4-603,
					 39-9-212,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.33 - CONSTRUCTION CONTRACTORS AND HOME INSPECTORS › Subchapter 24.33.4 - Registration of Home Inspectors › Rule 24.33.486 - EDUCATION AND OUTREACH PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-9-103,
					 39-9-212, MCA; IMP:
					 39-9-206,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.1 - Independent Contractor Exemption Certificate › Rule 24.35.111 - APPLICATION FOR INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) The applicant for an ICEC shall submit:
(a) a completed ICEC application on a
				department-approved form bearing the applicant's original notarized signature,
				as required by ARM 24.35.112.
(b) a
				fee, as required by ARM
				24.35.121; and
(c) an executed, notarized waiver conforming
				to the requirements of ARM 24.35.113.
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

Current through Register Vol. 13, July 5, 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.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.1 - Independent Contractor Exemption Certificate › Rule 24.35.116 - RENEWAL OF INDEPENDENT CONTRACTOR EXEMPTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-71-203
					 and
					 39-71-401,
					 MCA; IMP,
					 39-71-120 and
					 39-71-401,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.1 - Independent Contractor Exemption Certificate › Rule 24.35.117 - ICEC RENEWAL, AFFIDAVIT, AND WAIVER

Current through Register Vol. 13, July 5, 2024
(1) Two
				months prior to the expiration date of an ICEC, the department shall mail an
				ICEC renewal application and waiver to the ICEC holder at the address on file
				with the department. The department shall prepare a renewal form for each ICEC
				holder that incorporates the most current information in the possession of the
				department regarding the ICEC holder's independent contractor status and lists
				the documentation on file with the department that supports independent
				contractor status.
(2) To renew an
				ICEC, the ICEC holder shall submit the following:
(a) signed and notarized ICEC renewal
				application on the department-approved form that indicates any changes in
				independent contractor status;
(b)
				certification that previously submitted documentation remains valid;
(c) additional documentation supporting
				independent contractor status, as needed;
(d) a fee, as required by ARM
				24.35.121; and
(e) an executed, notarized waiver on the
				department-approved form.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.1 - Independent Contractor Exemption Certificate › Rule 24.35.121 - APPLICATION AND RENEWAL FEE FOR INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) A nonrefundable fee of $125 must be
				submitted with each initial application, each application for reinstatement of
				a revoked ICEC, and each renewal application.
(2) ICECs are issued for a two-year period.
(3) The department may charge a
				$10 fee for the reissuance of a current certificate.
AUTH:
					 39-71-203,
					 39-71-401, MCA ;IMP: ,
					 39-71-401,
					 39-71-417,
					 39-71-418,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.1 - Independent Contractor Exemption Certificate › Rule 24.35.131 - SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) The department may revoke an ICEC when
				the department determines it is necessary to do so. The following are examples
				when the department may revoke an ICEC:
(a)
				the department is unable to locate the certificate holder or mail sent to the
				certificate holder at the address on file with the department is
				returned;
(b) the certificate
				holder fails to cooperate with the department, including without limitation:
(i) failure to provide information to the
				department upon request;
(ii)
				failure to complete a worker relationship questionnaire upon request;
				or
(iii) failure to notify the
				department of changes in contact information;
(c) when revocation is required by law, for
				example for non-payment of child support pursuant to Title 40, chapter 5, part
				7, MCA; or
(d) any reason the
				department determines sufficiently egregious to warrant revocation of the ICEC.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.1 - Independent Contractor Exemption Certificate › Rule 24.35.133 - NOTICE OF SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) When the
				department suspends or revokes an ICEC, the certificate holder's waiver of
				workers' compensation benefits is no longer effective upon departmental notice
				to the hiring agent(s).
(2) A
				hiring agent is considered to have been given notice of the suspension of an
				ICEC on the date a written notice is personally delivered to the hiring agent,
				or three days after the department mails a written notice to the hiring agent,
				whichever is earlier.
(3) Regarding
				a revocation, if the department has contact information for a given hiring
				agent, that hiring agent is considered to have been given notice of the
				revocation of an ICEC on the date a written notice is personally delivered to
				the hiring agent, or three days after the department mails a written notice to
				the hiring agent, whichever is earlier.
(a)
				Hiring agents unknown to the department or potential future hiring agents are
				deemed to have notice that an ICEC is revoked at the earlier of when:
(i) the department posts notice of the
				revoked ICEC at its web site; or
(ii) the hiring agent has actual knowledge of
				the department's revocation of the ICEC.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.1 - Independent Contractor Exemption Certificate › Rule 24.35.141 - GUIDELINES FOR DETERMINING WHEN AN INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE IS NOT REQUIRED (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-71-203,
					 39-71-417, MCA ; IMP:
					 39-71-417,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.201 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-202,
					 39-3-403,
					 39-51-301,
					 39-51-302,
					 39-71-203,
					 MCA; IMP,
					 39-3-208,
					 39-3-209,
					 39-3-210,
					 39-51-201,
					 39-51-203,
					 39-71-120,
					 39-71-415,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.202 - DECISIONS REGARDING EMPLOYMENT STATUS

Current through Register Vol. 13, July 5, 2024
(1) Subject to ARM 24.35.203, when the ICCU
				or another unit of the department evaluates an individual's employment status,
				the department shall apply a two-part test to determine whether an individual
				is an independent contractor or an employee. The department shall evaluate:
(a) whether the individual is and shall
				continue to be free from control or direction over the performance of the
				services, both under contract and in fact; and
(b) whether the individual is engaged in an
				independently established trade, occupation, profession, or business.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.203 - DETERMINATIONS WHERE EXEMPTION CERTIFICATE MANDATORY

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in ARM 24.35.204, when
				a worker is required by
				39-71-417,
				MCA, to have an independent contractor exemption certificate and does not, the
				worker is conclusively determined to be an employee for purposes of wage and
				hour, unemployment insurance, workers' compensation, and income tax.
(2) When a worker holds an independent
				contractor exemption certificate and is working under that certificate as
				required by
				39-71-417,
				MCA, the worker is conclusively determined to be an independent contractor for
				purposes of wage and hour, unemployment insurance, workers' compensation, and
				income tax.
(3) When worker status
				is conclusively determined pursuant to this rule, the ICCU may issue a decision
				based solely on information sufficient to determine that conclusive
				outcome.
(4) Notwithstanding the
				foregoing, the ICCU may, at its discretion, perform an investigation pursuant
				to ARM
				24.35.202
				or when a decision is needed for a program other than wage and hour,
				unemployment insurance, workers' compensation, or income tax. A decision may
				also be issued for the purposes of suspending revoking the certificate pursuant
				to ARM
				24.35.131
				or issuing penalties, or for other purposes as the ICCU deems
				necessary.
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
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.204 - MISREPRESENTATIONS REGARDING INDEPENDENT CONTRACTOR STATUS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this rule and the
				implementation of
				39-51-203(4)
				and
				39-71-419(1)(e),
				MCA, and requirements in certain instances not to determine status based
				"solely" on the lack of an ICEC, the ICCU will evaluate a worker's status
				pursuant to ARM
				24.35.202
				if:
(a) the worker applied to the department
				for an ICEC prior to filing the present claim for workers' compensation or
				unemployment insurance benefits or prior to the present audit or investigation
				by the department and the application for ICEC is pending determination by the
				department;
(b) the worker provided
				the hiring agent a forged ICEC;
(c)
				the hiring agent took affirmative steps to verify the worker's independent
				contractor status, verified the worker to be an independent contractor by
				holding an independent contractor exemption certificate, and has documentation
				of the same; or
(d) the ICEC
				expires during the working relationship which is at issue in the present claim
				for workers' compensation or unemployment insurance benefits or audit or
				investigation by the department.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.205 - BINDING NATURE OF ICCU DECISIONS REGARDING EMPLOYMENT STATUS

Current through Register Vol. 13, July 5, 2024
(1) Unless appealed following mediation per
				39-71-415,
				MCA, ICCU decisions are binding on all parties regarding employment status
				issues under the jurisdiction of the department and any other agency electing
				to be included as a member of the ICCU. These decisions may affect a party's
				liability in unemployment insurance, the Uninsured Employer's Fund, wage and
				hour , human rights, and state income tax withholding matters.
(2) Neither the department nor any other
				agency electing to be included as a member of the ICCU may appeal the ICCU's
				employment status decision.
(3)
				When a party appeals the ICCU's employment status decision, the decision is not
				binding on any party until all appeal rights are exhausted.
AUTH:
					 39-3-202,
					 39-3-403,
					 39-51-301,
					 39-51-302,
					 39-71-203,
					 39-71-417,
					 MCA IMP:
					 39-3-212,
					 39-3-407,
					 39-51-1109,
					 39-71-415,
					 39-71-417,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.206 - MEDIATION AND APPEAL OF EMPLOYMENT STATUS

Current through Register Vol. 13, July 5, 2024
(1) A party receiving an adverse ICCU
				decision may request mediation within 15 days of the date the decision was
				sent. The mediation request is effective upon department receipt .
AUTH:
					 39-3-202,
					 39-3-403,
					 39-51-301,
					 39-51-302,
					 39-71-203,
					 39-71-417,
					 MCA IMP:
					 39-3-216,
					 39-3-407,
					 39-51-1109,
					 39-71-415,
					 39-71-417,
					 39-71-418,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.207 - TRANSFER OF FILE (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 39-51-301,
					 39-51-302,
					 39-71-203,
					 39-71-417, MCA ; IMP:
					 2-4-201,
					 39-3-216,
					 39-51-1109,
					 39-71-415,
					 39-71-417,
					 39-71-418,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.210 - HEARING ON EMPLOYMENT STATUS ISSUE (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-202,
					 39-3-403,
					 39-51-301,
					 39-51-302
					 and
					 39-71-203,
					 MCA; IMP,
					 2-4-201,
					 2-4-611,
					 39-3-216,
					 39-51-1109
					 and
					 39-71-415,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.212 - APPEAL REFEREE'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION ON EMPLOYMENT STATUS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-202,
					 39-3-403,
					 39-51-301,
					 39-51-302
					 and
					 39-71-203,
					 MCA; IMP,
					 2-4-611,
					 2-4-623,
					 39-3-216,
					 39-51-1109
					 and
					 39-71-415,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.2 - Central Unit For Status Determinations › Rule 24.35.213 - APPEAL OF FINDINGS, CONCLUSIONS AND DECISION ON EMPLOYMENT STATUS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-202,
					 39-3-403,
					 39-51-301,
					 39-51-302
					 and
					 39-71-203,
					 MCA; IMP,
					 2-4-611,
					 2-4-623,
					 39-3-216,
					 39-51-1109,
					 39-71-415,
					 39-71-504,
					 39-71-532 and
					 39-71-2401,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.3 - Definitions Related To Independent Contractors › Rule 24.35.301 - DEFINITION OF INDEPENDENT CONTRACTOR (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-202,
					 39-3-403,
					 39-51-301,
					 39-51-302
					 and
					 39-71-203,
					 MCA; IMP,
					 39-3-201,
					 39-51-201,
					 39-51-204,
					 39-71-120 and
					 39-71-401,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.3 - Definitions Related To Independent Contractors › Rule 24.35.302 - INDEPENDENT CONTRACTOR-EVIDENCE OF CONTROL

Current through Register Vol. 13, July 5, 2024
(1) An individual is an employee and not an
				independent contractor if the hiring agent controls or retains the right to
				control the way the individual renders services. The following factors serve as
				general guidelines when the department evaluates whether control exists:
(a) the individual is required to follow
				written or oral instructions concerning when, where, or how work is to be done.
				Although some individuals, because of skill or expertise, work without
				receiving instructions, they may still be employees if the employer has the
				right to give instructions on work performance;
(b) the success or continuation of a business
				depends in great part upon the services performed by the individual;
(c) the hiring agent directs the hiring,
				supervising, or payment of the individuals assistants;
(d) the relationship between the individual
				and the hiring agent is on a frequent, recurring basis, even if irregular or
				part time;
(e) the individual is
				required to perform services at certain established times;
(f) the work is performed on the business
				premises or jobsite of the hiring agent. This factor is especially important if
				the work could be performed elsewhere;
(g) the hiring agent requires, or has the
				right to require, the individual to perform services in a certain manner, or in
				a certain order or sequence;
(h)
				the hiring agent requires the individual to submit oral or written
				reports;
(i) the individual is paid
				based on the time spent doing the work rather than a payment for a completed
				project or end result;
(j) the
				individual is paid or reimbursed for travel or other business-related
				expenses;
(k) the hiring agent
				furnishes the facilities, tools, materials, or other equipment to the
				individual;
(l) the individual may
				be discharged at the will of the hiring agent, including the right to discharge
				for the failure to follow specified rules or methods. A union contract or
				statute which restricts the right of discharge does not indicate a lack of
				control;
(m) training is provided
				to the individual by the hiring agent;
(n) the individual does not realize a profit
				or suffer a loss as a result of the services performed;
(o) the individual is prohibited or
				restricted from working for others or is required to devote primary attention
				to the hiring agent;
(p) the
				individual has signed an overly broad noncompetition clause in a contract with
				a hiring agent; or
(q) other
				factors that indicate control of the individual by the hiring agent.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.3 - Definitions Related To Independent Contractors › Rule 24.35.303 - INDEPENDENT CONTRACTOR-GUIDELINES REGARDING INDEPENDENTLY ESTABLISHED BUSINESS

Current through Register Vol. 13, July 5, 2024
(1) To be an
				independent contractor, an individual must be engaged in an independently
				established trade, occupation, profession, or business. The following factors
				serve as general guidelines when the department evaluates whether an
				independently established business exists:
(a) the individual has a place of business
				separate from the hiring agent's place of business;
(b) the individual supplies substantially all
				of the tools, equipment, supplies, or materials necessary to perform the
				services;
(c) the individual pays
				all expenses associated with performing the services, and is not reimbursed by
				the hiring agent;
(d) the
				individual has two or more effective contracts to perform services for several
				different hiring agents;
(e) the
				individual is paid based on a billing statement or invoice at completion of the
				services;
(f) the individual
				performs the services under a written contract that requires complete or
				partial payment after a certain amount of work is performed, and the contract
				terminates after a definite time period;
(g) the individual advertises services in
				telephone books, newspapers, or other media;
(h) the individual files federal or state
				business tax forms;
(i) the
				individual has the required customary licenses, registrations, or permits to
				maintain a business;
(j) the
				individual may realize a profit or suffer a loss from performing the services
				for the hiring agent. This factor may be shown if the individual:
(i) hires or pays assistants to perform the
				services;
(ii) performs the
				services at facilities owned or leased by the individual;
(iii) has continuing or recurring liabilities
				associated with performing the services; or
(iv) agrees to perform specific jobs for
				prices agreed upon in advance and pays expenses associated with the performance
				of the services;
(k) the
				individual has an independent contractor exemption certificate;
(l) the individual may not end the
				relationship at will without incurring liability. An independent contractor
				agrees to complete a specific job, is responsible for its completion, and may
				be subject to liability for failing to complete the job in accordance with
				agreed upon specification;
(m) the
				individual is not prohibited or restricted from working for others;
				or
(n) another factor that
				indicates the existence of an independently established trade, occupation,
				profession, or business.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.38 - PROFESSIONAL EMPLOYER ORGANIZATIONS › Subchapter 24.38.1 - Licensure › Rule 24.38.101 - NEW APPLICATIONS - DENIALS

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant for initial licensure must submit all information and documentation
				required by statute and rule.
(2)
				An application that does not contain all required information and documentation
				is incomplete. Upon receipt of an incomplete application from a newly applying
				PEO, the department will notify the applicant in writing that the PEO has 90
				days from the date that the original application was received to submit a
				completed application.
(a) If a complete
				application is not received within the 90-day deadline, the application will be
				denied.
(b) An extension of the
				application process may be requested in writing by a controlling person and
				will be evaluated on a case-by-case basis.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.38 - PROFESSIONAL EMPLOYER ORGANIZATIONS › Subchapter 24.38.1 - Licensure › Rule 24.38.103 - PROVISIONAL LICENSE

Current through Register Vol. 13, July 5, 2024
(1) A provisional
				license may be granted to applicants for initial licensure as set forth in this
				rule. A provisional license may be in effect solely during the period from
				granting until a decision to grant or deny a license is made.
(2) A provisional license may be granted only
				if:
(a) the department determines it is in the
				best interest of potentially affected clients and employees; and
(b) the initial application is pending and
				contains proof that, at minimum:
(i) the
				requirements of
				39-8-207(1),
				(2), (4), and (6), MCA are met; or
(ii) the applicant is licensed as a PEO in
				another state.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.38 - PROFESSIONAL EMPLOYER ORGANIZATIONS › Subchapter 24.38.1 - Licensure › Rule 24.38.105 - RENEWAL APPLICATIONS - DENIALS

Current through Register Vol. 13, July 5, 2024
(1)
				Except as set forth in (2), a complete renewal application must be submitted to
				the department at least 30 days prior to the license expiration.
(2) A renewal application submitted less than
				30 days prior to license expiration must be accompanied by a request for
				extension. An incomplete renewal application submitted less than 30 days prior
				to license expiration is subject to summary denial.
(3) Request for extension will be considered
				on a case-by-case basis and will be granted in the department's sole
				discretion. At minimum, the request must contain:
(a) the specific length of extension sought;
				and
(b) the reason extension is
				necessary, including circumstances outside the requestor's control.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.38 - PROFESSIONAL EMPLOYER ORGANIZATIONS › Subchapter 24.38.1 - Licensure › Rule 24.38.111 - SUSPENSION, REVOCATION, NONRENEWAL - APPEAL - IMMEDIATE CESSATION OF OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) The PEO may
				appeal the suspension, revocation, or nonrenewal by submitting a written
				request within 30 days of receiving the notice of suspension, revocation, or
				denial. The appeal must be submitted to dlierdpeo@mt.gov.
(2) When the suspension or revocation of a
				provisional or regular license is appealed, the department may order an
				immediate cessation of operations if:
(a) the
				PEO does not maintain a valid workers' compensation policy; or
(b) other circumstances determined by the
				department warrant immediate cessation of operations.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.38 - PROFESSIONAL EMPLOYER ORGANIZATIONS › Subchapter 24.38.1 - Licensure › Rule 24.38.125 - PROFESSIONAL EMPLOYER ORGANIZATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				PEOs must meet all recordkeeping and reporting obligations applicable to all
				other employers pursuant to the Unemployment Insurance Law.
(2) Concurrent with the report required by
				ARM 24.11.2711, PEOs must submit quarterly to unemployment insurance a report
				detailing:
(a) for each client:
(i) client name; and
(ii) client federal employer identification
				number;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.1 - NEW › Rule 24.40.103 - CONFIDENTIAL INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to the
				requirements of 20 CFR Part 603, the department shall protect personally
				identifying information of claimants and employers. Personally identifying
				information is data that reveals or that could foreseeably be combined with
				other publicly available information to reveal the name or an identifying
				particular about an individual, employer, or employing unit.
(2) The department shall bar the disclosure
				of personally identifying information, except as disclosure is permitted by the
				informed consent of the identified individual(s) or is required under federal
				or state law to a public official for use in the performance of official duties
				or pursuant to a valid subpoena or interagency cooperative agreement.
(3) For the purposes of this rule:
(a) "public official" means an official,
				agency, or public entity within the executive branch of federal, state, or
				local government with responsibility for administering or enforcing the law;
(b) "performance of official
				duties" means the administration or enforcement of law or the execution of the
				official responsibilities of a federal, state, or local elected official, and
				includes research related to unemployment insurance law administered by the
				Legislature or other public officials;
(c) "valid subpoena" means a compulsory legal
				process by a federal, state, or local official, other than a clerk of court on
				behalf of a litigant, with authority to obtain personally identifying
				unemployment insurance information by subpoena under federal or state law;
				and
(d) "interagency cooperative
				agreement" means a written data-sharing agreement between the department and a
				public official.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.1 - NEW › Rule 24.40.105 - TIME AND PROCEDURE FOR FILING INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Interested
				parties shall file responses to the department's requests for information and
				questions within eight calendar days. Interested parties shall file responses
				to any subsequent request for information within two business days. The
				department's request for information or questions shall include the interested
				party's specific deadline to file a response.
(2) When a deadline falls on a Saturday,
				Sunday, or holiday, the filing is due the next business day. Information is
				filed with the department on the day it is received by the department, not the
				day it is sent or postmarked. This rule does not apply to the filing of weekly
				payment requests under 24.40.813.
(3) Interested parties may file responses
				using the online portal, or by filing responses through the mail.
(4) The department may extend the deadlines
				for filing information if the interested party shows good cause for the delayed
				filing.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-301,
					 39-51-603,
					 39-51-605, Title 39, chapter 51,
					 parts 11 through 13, and 21 through 24,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.1 - NEW › Rule 24.40.109 - INTERESTED PARTIES

Current through Register Vol. 13, July 5, 2024
(1) The department
				is an interested party to all issues adjudicated regarding claims for benefits
				and employer tax liability.
(2) A
				claimant is an interested party to all adjudication of claimant's eligibility
				and qualification for unemployment insurance benefits.
(3) Except as provided by
				39-51-605, MCA, and 24.40.111, a
				base period employer is an interested party to an adjudication of the
				claimant's separation from employment with that employer. An employer is not an
				interested party to an adjudication of nonseparation issues related to a
				claim.
(4) An employer is an
				interested party to adjudication of the employer's tax determinations,
				including the employer's tax liability, contribution rate, application for
				refund, subject wages, and other tax contribution-related issues.
(5) The department shall provide only
				interested parties with written notice of a determination, redetermination,
				hearing, or appeal of each issue adjudicated by the department. Only an
				interested party has standing to request a redetermination, hearing, or
				appeal.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-605, Title 39, chapter 51,
					 parts 11 and 12, 21 through 24, and 32,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.1 - NEW › Rule 24.40.111 - EMPLOYER LOSS OF INTERESTED PARTY STATUS

Current through Register Vol. 13, July 5, 2024
(1) An employer
				gives up the right to participate as an interested party in the adjudication of
				a claimant's claim when the employer fails to respond to a request for
				information or adequately answer questions from the department within eight
				days of the department's request or questions.
(2) The department shall provide written
				notice to the employer of the determination of loss of rights. The employer may
				then only participate as an informational witness in the claim
				adjudication.
(3) The department
				may restore the employer's interested party status if the employer shows good
				cause for the lack of, inadequate, or untimely responses to the department's
				request for information or questions.
(4) The employer and the department are the
				only interested parties to the adjudication of an employer's loss of interested
				party status.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-605,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.2 - NEW › Rule 24.40.201 - APPEAL OF DEPARTMENT REDETERMINATIONS - REQUEST FOR HEARING

Current through Register Vol. 13, July 5, 2024
(1) An interested party may appeal a benefit
				redetermination or tax redetermination by filing a request for hearing. A
				request for hearing must contain the reasons for the appeal, including any
				information or argument not considered by the department which could affect the
				outcome of the appealed redetermination.
(2) A request for hearing of a benefit
				redetermination or tax redetermination must be in writing. An interested party
				may file the request for hearing in person, by mail, or using the online portal
				as specified by the department.
AUTH:
					 39-51-301,
					 39-51-302, MCA IMP:
					 2-4-201,
					 39-51-1109,
					 39-51-2402,
					 39-51-2407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.2 - NEW › Rule 24.40.203 - HEARING PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The conduct,
				timing, and means of conducting hearings are in the sound discretion of the
				appeals referee. The appeals referee may issue orders to govern the proceedings
				before and during a hearing.
(2)
				Unemployment insurance hearings are informal, but hearings are conducted to
				determine the substantial rights of all parties. The rules of evidence do not
				apply. However, the rules of evidence may be used as guidelines to determine
				the relevance, prejudice, or weight of evidence. All interested parties have
				the right to call and cross-examine witnesses.
(3) The Montana Rules of Civil Procedure do
				not apply; however, the rules may be guidelines for the appeals
				referee.
(4) Documents may be
				served electronically on any party who agrees in writing during the hearing
				process to electronic service. Written agreement to electronic service during
				claims processing does not mean the party agreed to electronic service under
				this rule.
AUTH:
					 39-51-301,
					 39-51-302, MCA IMP:
					 39-51-1109,
					 39-51-2403,
					 39-51-2407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.2 - NEW › Rule 24.40.207 - BENEFITS HEARINGS NOTICE-TIMING

Current through Register Vol. 13, July 5, 2024
(1) Written notice
				of a benefits hearing must be sent to all interested parties at least ten days
				before the hearing. The hearing must be held within 30 days of the filing of
				the appeal. The appeals referee shall deny a request to postpone unless delay
				is justified by extraordinary circumstances beyond the requesting party's
				control.
(2) A hearing notice must
				state the date, time, and place of the hearing, legal authority for the
				hearing, and the issues involved in the matter.
(3) The advance notice requirements do not
				apply to rescheduled hearings or rescheduled prehearing conferences, if the
				parties have been given reasonable notification of the new date and
				time.
AUTH:
					 39-51-301,
					 39-51-302, MCA IMP:
					 39-51-2403,
					 39-51-2407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.2 - NEW › Rule 24.40.209 - TAX HEARINGS NOTICE - SCHEDULING CONFERENCE - BURDEN OF PROOF

Current through Register Vol. 13, July 5, 2024
(1) The appeals referee shall send notice of
				the scheduling conference to all interested parties at least 14 days before the
				conference is scheduled.
(2) The
				appeals referee and interested parties shall address the following during the
				scheduling conference:
(a) determine the
				issues that must be decided by the appeals referee, noting that the appellant
				has the burden of proving the department erred in determining the application,
				duration, or amount of the tax;
(b) identify possible remedies;
(c) exchange copies of all proposed exhibits
				and names, addresses, and telephone numbers of all proposed
				witnesses;
(d) determine whether
				discovery is necessary and how it shall occur;
(e) set deadlines for motions;
(f) discuss hearing scheduling, logistics,
				and procedures; and
(g) perform any
				other acts or duties to facilitate the hearing and adjudication of the
				appeal.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.2 - NEW › Rule 24.40.211 - SUBPOENAS

Current through Register Vol. 13, July 5, 2024
(1) The appeals
				referee may issue subpoenas pursuant to
				39-51-2409, MCA, on the referee's
				own motion, or may issue up to three to an interested party upon request.
				Subpoenas may be issued for the attendance of witnesses or the production of
				documents. Subpoenas must be served in the same manner as provided in civil
				actions, and fees must be paid as provided in
				26-2-501, MCA.
(2) When an interested party requires more
				than three subpoenas, the party must file a written request with the Office of
				Administrative Hearings, which specifies the following:
(a) expected content of evidence or witness
				testimony;
(b) necessity of the
				witness' testimony;
(c) refusal of
				the witness to testify voluntarily; and
(d) how the testimony of each witness differs
				from the expected testimony of other witnesses.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.4 - NEW › Rule 24.40.401 - WAGES

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the definition of "wages" in
				39-51-201, MCA, wages include, but
				are not limited to, the following types of remuneration for services:
(a) payments made from an employee's gross
				remuneration into deferred compensation or cafeteria plans and other similar
				plans. Such payments are wages reportable for the period in which the
				compensation was earned;
(b)
				advances or draws against future earnings, when paid. Payments designated as
				loans in the employer's records are considered wages unless the loan is to be
				repaid under a written schedule agreed upon by the employee and the
				employer;
(c) payments distributed
				to corporate officers or shareholders in lieu of reasonable compensation for
				services performed, even though designated as profits or dividends pursuant to
				[ARM 24.11.2506 (24.40.405) REASONABLE
				WAGES];
(d) payments for sick leave
				and accident disability, including payments made by a third-party insurance
				company to the employee. For example, if the employer pays premiums to a third
				party to cover sick leave or accident disability costs, the payments paid by
				the third party to the employee are wages. If the employee pays the premiums
				for such coverage, the sick leave or accident disability payments are not
				wages.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.4 - NEW › Rule 24.40.403 - CASH VALUE FOR WAGE CALCULATION

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of this chapter, the department must estimate the reasonable cash
				value of all remuneration paid in any medium other than cash. The reasonable
				cash value must be reported as wages by both employers and claimants for
				purposes of this chapter.
(2) The
				department determines the cash value of room and board, unless the employment
				contract sets the value at an amount equal to or greater than the amounts
				established in this rule. Room and board has at least the following cash value:
(a) full room and board, weekly
				$130
(b) meals, per week
				60
(c) meals, per meal 3
(d) room, per week 70