This is an obsolete version of the rule. Please click on the rule number to view the current version.


(1) An "interested party" is a person entitled to:

(a) receive notice of certain issues and proceedings relative to a claim;

(b) receive notice of determinations, redeterminations, and decisions relative to those issues; and

(c) contest determinations, redeterminations, or decisions relative to those issues.

(2) A claimant is an interested party to any and all issues relative to the claimant's claim.

(3) The department is an interested party to any and all issues relative to any claim.

(4) An employer is an interested party to any issue that is determinative of whether all or any portion of benefits paid to a claimant are chargeable to that employer's account pursuant to 39-51-1125 , 39-51-1212 , or 39-51-1214 , MCA.

(5) If a claimant refuses an offer of work, the employer making the offer is an interested party with respect to the issue of whether the claimant will be disqualified for failing to accept an offer of suitable work pursuant to 39-51-2304 , MCA, but only if the claimant was employed by and earned wages from the employer after the beginning of the base period of the claim and prior to the offer of work.

(6) Any person who, upon written application, is found by the department to have a substantial interest in an issue may be deemed to be an interested party relative to that issue.

(7) A person described in (4) through (6) does not continue to be an interested party once the issues described therein are adjudicated and become final. Unless the person is found to be an interested party to issues that may subsequently arise, the person is not entitled to notice of those issues or notice of determinations, redeterminations or decisions relative to those issues nor does the person have standing to contest those determinations, redeterminations, or decisions.

(8) Any person may raise an issue relative to any claim and, provided the person's allegations are credible, the department may investigate the issue and make a determination of the claimant's eligibility for benefits. However, the person raising the issue, unless the person is an interested party, is not notified of the determination and does not have standing to contest the determination.


History: 39-51-301, 39-51-302, MCA; IMP, Title 39, chapter 51, parts 11 and 12, 21 through 24, and 32, MCA; NEW, 2000 MAR p. 3523, Eff. 12/31/00.

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