Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.35 - INDEPENDENT CONTRACTORS › Subchapter 24.35.1 - Independent Contractor Exemption Certificate › Rule 24.35.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of ARM Title 24, chapter 35, the following
				  definitions apply:
(1) "Department"
				means the Montana Department of Labor and Industry.
(2) "Employment status" means the employment
				relationship between an individual and a hiring agent.
(3) "Fixed business location" means a
				principle place of business for any trade, occupation, profession, or business
				that is designated by the owner as the physical location where customers are
				directed for any physical contacts with the business and is the actual location
				where the majority of the business work is regularly performed. More than a
				place to store inventory or product samples, a fixed business location is where
				a person engages in work intended for commerce.
(4) "Hiring agent" means the entity that
				hires an individual to perform services. A hiring agent may be an "employer" as
				defined in
				39-3-201, MCA;
				39-51-202, MCA;
				39-71-117, MCA; or other legal
				entity as defined by an "employing unit" in
				39-51-201, MCA.
(5) "Incomplete application" means an
				application submitted for an exemption as an independent contractor that fails
				to qualify for a minimum of 15 points due to insufficient, missing,
				unverifiable, or incorrect information; or due to failure to submit an
				essential component, such as a signed and notarized waiver or required fee.
(6) "Independent Contractor
				Central Unit" or "ICCU" means the unit located within the department which is
				responsible for making employment status decisions for the entire department
				and other agencies that elect to participate in the ICCU. The ICCU evaluates
				ICEC applications and investigates working relationships identified in
				complaints and referrals.
(7)
				"Independent Contractor Exemption Certificate" or "ICEC" means a certificate
				issued by the department that signifies a person meets the criteria for an
				exemption from the provisions of the Workers' Compensation Act for a specific
				trade, occupation, profession, or business.
(8) "Individual" means a person who renders
				service in the course of a trade, occupation, profession, or business.
(9) "Initial application" means a
				person's first-time application for exemption as an independent contractor for
				a particular trade(s), occupation(s), profession(s), or business(es).
(10) "Party" means a person or
				entity designated by the department as plaintiff or respondent in an ICCU
				decision-making proceeding. The department, the claimant, employer(s), hiring
				agent(s), ICEC holders, insurer(s), or agencies of state government may be a
				party to an ICCU decision-making proceeding or appeal of an ICCU decision to
				the Workers' Compensation Court.
(11) "Renewal application" means an
				application for renewal of an existing ICEC held by that person.
(12) "Revoked" and "revocation" mean that an
				ICEC is no longer in force or effect.
(13) "Similarly situated individuals" means
				people who render services for an employer under circumstances substantially
				the same as those under which the subject individual's services were performed.
(14) "Suspended" and "suspension"
				mean that a person's ICEC is not applicable to a particular job or to a series
				of jobs for a particular hiring agent.
AUTH:
					 39-51-301,
					 39-51-302,
					 39-71-203,
					 39-71-417, MCA
IMP:
					 39-51-201,
					 39-51-204,
					 39-71-105,
					 39-71-409,
					 39-71-417,
					 39-71-418,
					 MCA