(1) The department shall use the following criteria to determine whether a claimant is able, available, and actively seeking full-time or part-time work:
(a) when the majority of claimant's work weeks in the base period of the claim were full-time work, claimant must be able, available, and actively seeking suitable full-time work to be eligible for benefits, pursuant to 39-51-2104, MCA; or
(b) when the majority of claimant's work weeks in the base period of the claim were part-time work, the department may authorize claimant to be eligible for benefits, pursuant to 39-51-2115, MCA. To remain eligible, claimant must be able, available, and actively seeking suitable part-time work for at least the number of hours per week authorized by the department.
(2) The department shall determine a claimant to be able to work when the claimant is reasonably fitted by experience, education, or training to perform a substantial amount of suitable work in the claimant's labor market area. For the purposes of this rule, a "substantial amount" of suitable work means full-time work, except when the department authorizes a claimant to part-time work in the following circumstances:
(a) the department authorized claimant for part-time work pursuant to 39-51-2115, MCA;
(b) claimant has a physical or mental disability and claimant has submitted to the department an individualized determination of appropriate, less than full-time work hours, as certified and signed by a health care provider. A claimant with a certified disability may seek a reasonable modification to this rule; or
(c) the department determines that the only suitable work for the claimant in the claimant's labor market area is part-time work.
(3) The department shall determine a claimant to be available for work when the claimant is willing and able to accept an offer of suitable work for a minimum of three days in a benefit week if those days are normal days of work in the claimant's customary occupation.
(4) The department shall determine a claimant to be actively seeking work when the claimant is:
(a) making an active, good faith effort to secure insured work during each week for which the claimant requests payment of benefits or waiting week credit, unless the claimant is exempt from this requirement pursuant to ARM 24.11.453A;
(b) "union attached," meaning that the claimant is a member in good standing and on the out-of-work list of a labor union that operates an exclusive hiring hall; or
(c) "job attached," meaning that the claimant is able and available for full-time work and:
(i) claimant is not employed but has a definite or approximate date of hire or recall to insured work at 30 or more hours per week; or
(ii) claimant is employed in insured work on a less than full-time basis, but has a reasonable expectation that the work will become full-time.
(5) The department shall determine a claimant to be ineligible for benefits when, without good cause, the claimant:
(a) fails to participate in a scheduled job interview;
(b) fails to provide information requested by the department for the proper administration of the claim within eight days of the date of a mailed, faxed, or telephoned request;
(c) fails to provide the department with updated contact information within three days of a change to claimant's mailing address. Claimants are urged to also provide the department with updated telephone number(s), e-mail address and, if applicable, fax number. The department shall reinstate a claimant's eligibility for benefits upon department receipt of the updated mailing address; or
(d) withdraws temporarily or permanently from the labor market. Withdrawal from the labor market includes but is not limited to:
(i) a self-imposed limitation, such as an unrealistic wage or hour restriction or refusal to travel, that curtails claimant's ability to seek or accept suitable work;
(ii) a temporarily disabling health condition that prevents claimant from being able to perform suitable work;
(iii) an employer-approved leave of absence, per ARM 24.11.490; or
(iv) claimant's residence in or travel to a foreign country, which is defined as any country other than the United States of America, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Canada; or
(v) failure by claimant to actively seek or accept suitable work due to family care-giving obligations, vacation, incarceration, lack of transportation, or any other reason.
(6) The department may allow benefits to be paid to a claimant who resides in or travels to a foreign country that has executed a reciprocal agreement with the United States government regarding unemployment insurance.