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(1) Each applicant for certification as a workers' compensation claims examiner shall, prior to the issuance of such certification, personally take and pass an examination given by the department or a department-approved agent as a test of qualifications and competency, except as provided by a waiver in 24.29.827.

(2) Satisfactory completion of an examination demonstrates the individual's:

(a) familiarity with Montana's workers' compensation statutes;

(b) ability to navigate the administrative rules found in this chapter;

(c) knowledge of workers' compensation definitions and concepts including for example, course and scope, coverage, liability, subrogation, claims for benefits, compensation and medical benefits, settlements, subsequent injury fund, vocational rehabilitation, mediation, and due process.

(3) Any person taking an examination may use a copy of Title 39, chapter 71, MCA, during the test procedure.

(4) A passing score on an examination shall be 80 percent or greater.

(a) An applicant for claims examiner certification may retake an examination as many times as necessary to pass the examination with a score of 80 percent or greater. The examination fee must be paid for each examination taken.

(5) Any examination completed through dishonest or fraudulent means shall be considered invalid.

History: 39-71-203, 39-71-320, MCA; IMP, 39-71-105, 39-71-320, MCA; NEW, 2009 MAR p. 2019, Eff. 10/30/09.

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