(1) To determine whether an employment relationship or independent contractor situation 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 if an independent contractor relationship exists.

(2) 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 determination by the department of labor and industry's independent contractor central unit (ICCU) pursuant to ARM Title 24, chapter 35, sub-chapters 2 and 3, within 10 days of notice of the initial determination.

(3) 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.