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(1) The department applies the requirements set out in ARM Title 24, chapter 35, to make initial determinations regarding employment status.

(2) To determine whether an independent contractor or employment relationship exists, the department may:

(a) review written contracts between the individual and the employing unit;

(b) interview the individual, co-workers, or the employing unit;

(c) obtain statements from third parties;

(d) examine the books and records of the employing unit;

(e) review filing status on income tax returns; and

(f) make any other investigation necessary to determine employment status.

(3) After investigation, the department may issue an initial written determination on whether an individual is an independent contractor. Any person or employing unit aggrieved by this initial determination may request investigation and a decision by the department's Independent Contractor Central Unit (ICCU) pursuant to ARM 24.11.203 and ARM Title 24, chapter 35, subchapters 2 and 3, within ten days of notice of the initial determination.

(a) A party is considered to have been given notice on the date a written notice is personally delivered or three days after a written notice is mailed to the party.

(b) The time limits set forth above may be extended for good cause as provided in 39-51-2402, MCA.

(4) Thereafter, the process set out in ARM Title 24, chapter 35, subchapters 2 and 3 controls.


History: 39-51-301, 39-51-302, MCA; IMP, 39-51-201, 39-51-204, 39-51-1109, 39-51-2402, 39-71-418, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1996 MAR p. 1667, Eff. 7/1/96; TRANS, from 24.11.820, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 284, Eff. 2/26/22.

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