(1) A complaint received by the department is investigated by the ICCU. The ICCU will issue a determination of employment status.

(2) Except as provided in (3) and (4) , disputes over an ICCU determination regarding employment status must be mediated by the department, and then, if mediation does not resolve the dispute, may proceed to the workers' compensation court. The party requesting mediation shall file a written request with the ICCU within 10 days of notice of the ICCU's determination. A party is considered to have been given notice on the date a written notice is personally delivered or three days after a written notice is mailed to the party. The time limits may be extended by the ICCU for good cause shown.

(3) Disputes regarding the denial, revocation, or suspension of an independent contractor exemption certificate by an applicant or certificate holder must be appealed to the workers' compensation court without mediation as provided by 39-71-417 , MCA.

(4) A dispute between a hiring agent and the department involving the issue of whether a worker is an independent contractor or an employee, but not involving workers' compensation benefits, must be appealed to the workers' compensation court without mediation as provided by 39-71-415 , MCA.

(5) Whenever a party appeals to the workers' compensation court under this rule, the party must serve its notice of appeal on all interested parties of record.