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24.35.206    MEDIATION AND APPEAL OF DECISIONS REGARDING EMPLOYMENT STATUS

(1) A complaint received by the department or a department request for a decision regarding employment status may be investigated by the ICCU. The ICCU shall issue a decision on employment status.

(2) A party to a dispute, which does not involve workers' compensation benefits, may appeal an ICCU decision on employment status or the denial, revocation, or suspension of an ICEC.

(3) The first step in the appeal process is mandatory mediation. The party requesting mediation shall file a written request for mediation with the ICCU within 15 days of notice of the ICCU's decision. The request for mediation is effective upon receipt by the department, not upon mailing.

(4) A party is considered to have been given notice of the ICCU decision on the date a written notice is personally delivered or three days after the department mails a written notice to the party. The ICCU may extend the time limits for a party to submit a written request for mediation for good cause shown.

(5) Following mediation, a party may appeal an ICCU decision by filing a petition for appeal with the Workers' Compensation Court. The appellant shall serve a copy of the petition by mail on all parties of record.

(6) A petition for appeal must be received by the Workers' Compensation Court within 30 days of the date the department mailed the mediator's report to the parties. Notice of appeal is effective upon the actual receipt of the petition by the Workers' Compensation Court, not upon mailing.

(7) When a dispute is not resolved through mediation and no petition for appeal is filed with the Workers' Compensation Court, the ICCU's employment status decision is binding on the parties.

History: 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA; IMP, 2-4-201, 39-3-216, 39-51-1109, 39-71-415, 39-71-417, 39-71-418, MCA; NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2550, Eff. 11/14/03; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10.

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