BEFORE THE UNEMPLOYMENT INSURANCE APPEALS BOARD

                            DEPARTMENT OF LABOR AND INDUSTRY 

                                              STATE OF MONTANA

 

In the matter of the amendment of ARM 24.7.303, 24.7.304, 24.7.305, 24.7.306, 24.7.308, 24.7.312, and the repeal of ARM 24.7.201, 24.7.301, 24.7.309, 24.7.311, 24.7.313, 24.7.315, 24.7.316, and 24.7.320 pertaining to the Unemployment Insurance Appeals Board

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NOTICE OF AMENDMENT AND REPEAL

 

            TO: All Concerned Persons

 

            1. On November 19, 2021, the Unemployment Insurance Appeals Board (board) published MAR Notice No. 24-7-387 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 1611 of the 2021 Montana Administrative Register, Issue Number 22.

 

            2. The Department of Labor and Industry (department) held a public hearing on December 21, 2021, over the Zoom videoconference and telephonic platform at which no members of the public commented. Written comments were received during the public comment period.

 

            3. The board has thoroughly considered the comments made.  A summary of the comments and the board responses are as follows:

 

COMMENT 1: A commenter questioned whether amendments to ARM 24.7.305(3) and (4) would permit a third party administrator for unemployment insurance to appear before the board.

 

RESPONSE 1: The comment is well-taken.  Amendment to the proposal is set forth below.

 

            4. The board has amended ARM 24.7.303, 24.7.304, 24.7.306, 24.7.308, and 24.7.312 as proposed.

 

            5. The board has repealed ARM 24.7.201, 24.7.301, 24.7.309, 24.7.311, 24.7.313, 24.7.315, 24.7.316, and 24.7.320 as proposed.

 

            6. The board has amended ARM 24.7.305 with the following changes, stricken matter interlined, new matter underlined:

 

            24.7.305 BOARD REVIEW PROCEDURE (1) and (2) remain as proposed.

            (3) An interested party to an appeal before the board may appear at any proceeding held in such appeal, either on the party's own behalf, by an attorney at law, or through an authorized lay representative.  Lay representatives may not be paid for the representation unless they are employed by the claimant's labor union, or are an employee of the employer or third party administrator for an employer or group of employers receiving regular wages for the representation, or in the interest of justice at the board's sole discretion.

            (4) and (5) remain as proposed.

 

 

	/s/ LAURA FIX Laura Fix, Chair UNEMPLOYMENT INSURANCE APPEALS BOARD
/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

 

            Certified to the Secretary of State January 4, 2022.