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24.35.205    BINDING NATURE OF DETERMINATIONS REGARDING EMPLOYMENT STATUS

(1) Unless appealed pursuant to ARM 24.35.206, written determinations issued by the ICCU are binding on all parties with respect to employment status issues under the jurisdiction of the department of labor and industry and the jurisdiction of any other agency which elects to be included as a member of the ICCU. These determinations may affect a party's liability in matters related to unemployment insurance, the uninsured employer's fund, wage and hour issues, the human rights commission and state income tax withholding.

(2) Neither the department nor any other agency which elects to be included as a member of the ICCU may appeal the ICCU's employment status determination.

(3) If the ICCU's employment status determination is appealed by a party which has not elected to be included as a member of the ICCU, the determination is not binding on any party until all appeal rights are exhausted.

History: 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203 and 39-71-417, MCA; IMP, 39-3-212, 39-51-1109, 39-71-415 and 39-71-417, 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.

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