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(1) A claimant will not be disqualified for benefits under this chapter solely for the reason that the claimant is denied work or continuation of work for refusing to submit to a polygraph test or any form of a mechanical lie detector test, or on the basis of the results of any such test.

(2) A claimant cannot be disqualified for benefits under this chapter solely for refusal to submit to drug or alcohol testing required by an employer or prospective employer, or on the basis of the results of such a test, unless the testing procedures fully comply with federal drug and alcohol testing statutes and regulations applicable to private sector workers, or the provisions of the Workforce Drug and Alcohol Testing Act found in Title 39, chapter 2, MCA. This rule does not apply to a drug test for marijuana or marijuana products that was administered to an individual who is a registered cardholder under Title 16, chapter 12, part 5, MCA.

(3)  An individual disqualified for benefits in accordance with (2) remains disqualified until the individual has performed services:

(a) for which remuneration is received equal to or in excess of eight times the individual's weekly benefit amount subsequent to the week in which the act causing the disqualification occurred; and

(b)  that constitute employment as defined in 39-51-203 and 39-51-204, MCA.

(4) For the purposes of the Workforce Drug and Alcohol Testing Act, an unemployment insurance benefits hearing is a legal action in which the results of a drug or alcohol test may be introduced, provided that the results and testimony about the results are protected from public disclosure.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2302, 39-51-2303, 39-51-2304, MCA; NEW, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1994 MAR p. 2835, Eff. 10/30/94; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2021 MAR p. 1404, Eff. 10/23/21.

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