24.29.205    ISSUING ORDERS

(1) All orders issued by the department must be in writing and signed by a department employee.

(2) An order may be issued without a hearing:

(a) as a result of action initiated by the department;

(b) as part of the department's response to inquiries from the public and which leads to a department investigation;

(c) as a result of department investigation, mandated statutorily; or

(d) as a result of the receipt of a petition requesting an order.

(3) Any department order issued pursuant to this rule without a hearing may be appealed in the manner provided by law. Appeals can be made to the workers' compensation court after prior statutory remedies have been exhausted (see ARM 24.5.101) .

(a) Before a party may request a contested case hearing on an order which is issued by the uninsured employers' fund without a hearing and establishes only the amount of penalty owed and no other issue, the party must first obtain an administrative review of that order pursuant to ARM 24.29.206.

(b) Department determinations rendered by the independent contractor central unit regarding employment status issues are not considered department orders for purposes of these rules. These determinations are issued pursuant to ARM Title 24, chapter 35, subchapters 2 and 3.

History: 2-4-201, 39-71-203 and 39-72-203, MCA; IMP, 2-4-201, 2-4-202, 39-71-116, 39-71-120, 39-71-415 and 39-72-203, MCA; NEW, 1983 MAR p. 992, Eff. 7/29/83; AMD, 1996 MAR p. 1673, Eff. 7/1/96; AMD, 2000 MAR p. 2701, Eff. 10/6/00.