(1) An ICEC may be suspended or revoked by the department pursuant to 39-71-418, MCA. The department shall apply the two-part test pursuant to ARM 24.35.202 to determine whether an individual is an independent contractor or an employee.

(2) The department may suspend an ICEC as it applies to a particular hiring agent for whom the ICEC holder works when the department determines that a hiring agent is either exerting control or retains a right to control to a degree that causes a certificate holder to violate the provisions of 39-71-417, MCA.

(3) The department may revoke an ICEC when the department determines that a certificate holder fails to meet the test for independent contractor status, set forth by ARM 24.35.202.

(4) The department may revoke an ICEC when the department determines that a certificate holder is uncooperative in light of the following factors:

(a) the department is unable to locate the certificate holder;

(b) the certificate holder refuses to provide information to the department, including, but not limited to, updated contact information for the certificate holder and contact information for each of the certificate holder's hiring agents;

(c) mail sent to the certificate holder is returned to the department; or

(d) any reason the department determines sufficiently egregious to warrant revocation of the ICEC.

(5) A person may appeal a department suspension or revocation of an ICEC in the same manner as that provided for denial of an application pursuant to 39-71-417, MCA.

(6) A person with a suspended ICEC as applied to a particular hiring agent may apply for reinstatement of the ICEC by submitting proof to the department of the ICEC holder's independent contractor status in relation to the identified hiring agent. The department shall investigate prior to reinstatement of an ICEC to ascertain that independent contractor status is established in fact.

(7) A person whose ICEC has been cancelled by the ICEC holder or revoked by the department may apply for a new ICEC pursuant to ARM 24.35.111.