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24.35.117    ICEC RENEWAL, AFFIDAVIT, AND WAIVER

(1) Two months prior to the expiration date of an ICEC, the department shall mail an ICEC renewal affidavit and waiver to the ICEC holder at the address on file with the department. The department shall prepare a renewal form for each ICEC holder that incorporates the most current information in the possession of the department regarding the ICEC holder's independent contractor status and lists the documentation on file with the department that supports independent contractor status.

(2) To renew an ICEC, the ICEC holder shall submit the following:

(a) signed and notarized ICEC renewal affidavit on the department-approved form that indicates any changes in independent contractor status;

(b) certification that previously submitted documentation remains valid;

(c) additional documentation supporting independent contractor status, as needed;

(d) a fee, as required by ARM 24.35.121; and

(e) an executed, notarized waiver on the department-approved form.

(3) The department will verify documentation on file and evaluate all new documentation submitted by the ICEC holder. The department will assign point values to documentation, in accordance with ARM 24.35.111.

(4) The department has discretion to assess the reliability of and determine the point value of any documentation not listed in ARM 24.35.111.

(5) If the department is unable to verify any documentation needed to support independent contractor status, the department will notify the ICEC holder in writing within 30 days of receipt of the renewal affidavit.

(6) To qualify for an ICEC renewal, the ICEC holder's documentation must be awarded a minimum of 15 points by the department for each independently established trade, occupation, profession, or business listed on the ICEC renewal affidavit.

(7) An ICEC renewal issued by the department remains in effect for a two-year period unless the department revokes or suspends the ICEC or the ICEC holder requests in writing that the department cancel the ICEC.

(8) An ICEC holder may update the information on file with the department at any time during a current exemption certificate period by requesting in writing the revision of business name(s), business structure, phone number(s), or mailing address.

(9) An ICEC holder may add or change trade(s), occupation(s), profession(s), or business(es) to an ICEC, by executing an affidavit and waiver and submitting sufficient, relevant documentation to qualify for a minimum of 15 points, in accordance with the requirements of ARM 24.35.111.

History: 39-51-301, 39-51-302, 39-71-203, 39-71-409, 39-71-417, MCA; IMP, 39-51-201, 39-51-204, 39-71-105, 39-71-409, 39-71-417, 39-71-418, MCA; NEW, 2010 MAR p. 1608, Eff. 7/16/10.

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