BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                     OF THE STATE OF MONTANA 

 

In the matter of the amendment of ARM 24.16.7506, 24.16.7535, 24.17.103, 24.33.475, 24.35.205, and 24.35.206, the adoption of NEW RULES I through IX, and the repeal of ARM 24.16.7503, 24.16.7514, 24.16.7517, 24.16.7519, 24.16.7521, 24.16.7524, 24.16.7527, 24.16.7531, 24.16.7534, 24.16.7536, 24.16.7537, 24.16.7541, 24.16.7544, 24.17.814, 24.17.817, 24.17.821, 24.17.822, 24.17.824, 24.17.827, 24.17.829, 24.17.831, 24.17.834, 24.17.837, 24.17.838, 24.17.841, 24.17.844, and 24.17.847 pertaining to procedures for wage and prevailing wage claims, complaints, investigations, and appeals

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT, ADOPTION, AND REPEAL

 

            TO: All Concerned Persons

 

            1. On January 4, 2022, at 10:00 a.m., the Department of Labor and Industry (department) will hold a public hearing via remote conferencing to consider the proposed amendment, adoption, and repeal of the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/81945306451, Meeting ID: 819 4530 6451; or

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656, Meeting ID:  819 4530 6451.

            The hearing will begin with a brief introduction by department staff to explain the use of the videoconference and telephonic platform. All participants will be muted except when it is their time to speak.

 

            2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on December 28, 2021, to advise us of the nature of the accommodation that you need. Please contact Misty Knight, Employment Relations Division, P.O. Box 8011, Helena, Montana 59604-8011; telephone (406) 444-7720; facsimile (406) 444-4140; Montana TTD (406) 444-5549; or e-mail misknight@mt.gov.

 

            3. GENERAL REASONABLE NECESSITY STATEMENT: In support of the Governor's Red Tape Relief Initiative, the Department of Labor and Industry (department) is conducting comprehensive reviews of the department's administrative rules. This review focuses on updating rules to current standards and procedures, and eliminating unnecessary, redundant, and overburdensome regulations.  Other changes replace out-of-date terminology for current language and processes, and amend rules and catchphrases for accuracy, consistency, simplicity, better organization, and ease of use for customers and staff.

            The department determined it is reasonably necessary to amend six rules, repeal 27 rules, and adopt nine new rules to consolidate and standardize terminology and processes in the area of wage and prevailing wage claims, complaints, investigations, and appeals. Noting that the majority of these rules have not been revisited or amended in a decade, these changes will also address the various and potentially confusing appeal methods across several regulatory programs. Further, the streamlined new rules will increase department efficiencies by standardizing timelines and requirements for the same processes.

            Authority and implementation citations are being amended to accurately reflect all statutes implemented through the rules and provide the complete sources of the department's rulemaking authority.

            Therefore, the department is amending and repealing rules and adopting nine new rules to align with the Red Tape Relief Initiative. The proposed new rules will standardize wage claim/complaint terminology, procedures, and timelines across several department programs and locate the provisions in a new, focused subchapter of the Administrative Rules of Montana (ARM).  Where additional specific bases for a proposed action exist, the department will identify those reasons immediately following that rule.

 

            4.  The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            24.16.7506 DEFINITIONS As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

            (1) "Adverse decision" means a decision by the department that is not favorable to the party who wishes to have the decision reviewed requesting review.

            (2) "Claim" or "complaint" means:

            (a) a complaint alleging non-compliance with a statute or administrative rule under the jurisdiction of the department;

            (b) a request for an audit of an employer's payroll records; or

            (c) a field investigation by the department of an employer's payroll.

            (2) (3) "Commissioner" means the commissioner of labor, and has the same meaning as provided by 39-3-201 2-15-1701, MCA.

            (3) remains the same but is renumbered (4).

            (4) (5) "Department" means the Department of Labor and Industry, and has the same meaning as provided by 39-3-201 2-15-1701, MCA.

            (5) (6) "Determination" means a decision by the department as to on the merits of a claim, which states including the amount of wages and penalty (if any) is owed by the employer to the employee.

            (6) through (8) remain the same but are renumbered (7) through (9).

            (9) (10) "Formal hearing Hearing" means a contested case, held by a department hearing officer, pursuant to per Title 2, chapter 4, part 6, MCA.

            (10) (11) "Mediation" as used in these rules is the process described by 26-1-813, MCA.

            (11) (12) "Penalty" means the statutory penalty provided by 39-3-206, MCA, which is assessed by the department against the employer and which is paid to the employee in addition to the any wages owed.

            (12) (13) "Redetermination" means an informal review by the department, based upon on new or additional information supplied by a party who has received receiving an adverse determination.

            (13) remains the same but is renumbered (14).

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-202, 39-3-206, 39-3-209, 39-3-211, 39-3-216, 39-3-403, 39-3-407, MCA

 

REASON: The department is amending this rule and ARM 24.17.103 to align with definitions proposed in NEW RULE I and facilitate the use of standardized procedures for wage and prevailing wage claims, complaints, investigations, and appeals across several department programs as proposed in NEW RULES I through IX.

 

            24.16.7535 PAYMENT OF WAGES AND PENALTIES (1) Whenever the department determines Upon a determination that wages and penalty, if any, and/or penalties are due, it the department will advise the employer regarding the method of payment. The department may and require the payment:

            (a) in either the department's or the claimant's name. The department may also require that payment be; and

            (b) by money order, certified check, or other negotiable instrument.

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-201, et seq., 39-3-206, 39-3-209, 39-3-211, 39-3-407, MCA

 

REASON: The department is amending this rule to simplify, clarify, and update the rule's language.

 

            24.17.103 DEFINITIONS As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

            (1) remains the same.

            (2) "Adverse decision" means a decision by the department, or a hearing officer that is not favorable to the party who wishes to have the decision reviewed requesting review.

            (3) and (4) remain the same.

            (5) "Commissioner" means the Commissioner of Labor and Industry, has the same meaning as provided by 2-15-1701, MCA.

            (6) remains the same.

            (7) "Complaint" "Claim or "complaint" means:

            (a) a written complaint alleging non-payment of the standard prevailing wage on a public works contract job;

            (b) a written request for an audit of an employer's payroll on a public works contract job; or

            (c) a field investigation by the department of an employer's payroll on a public works contract job.

            (8) remains the same.

            (9) "Department" means the Department of Labor and Industry, has the same meaning as provided by 2-15-1701, MCA.

            (10) "Determination" means a decision by the department on the merits of a claim, which states providing the amount of wages and penalty (if any) that may be owed for labor performed on a public works contract job.

            (11) through (15) remain the same.

            (16) "Formal hearing Hearing" means a contested case, held by a department hearing officer, pursuant to per Title 2, chapter 4, part 6, MCA.

            (17) "Mediation" is the process described by 26-1-813, MCA.

            (17) (18) "Penalty" means the statutory penalty provided by 18-2-407, MCA, which is assessed by the department against the employer and which is paid to the employee in addition to the any wages owed.

            (18) through (20) remain the same but are renumbered (19) through (21).

            (21) (22) "Redetermination" means an informal review by the department, based upon new or additional information supplied by a party who has received receiving an adverse determination.

            (22) through (24) remain the same but are renumbered (23) through (25). 

 

            AUTH: 18-2-409, 18-2-431, 39-3-202, MCA

            IMP: 18-2-402, 18-2-403, 18-2-409, 18-2-411, 18-2-422, 39-3-201, 39-3-202, 39-3-203, 39-3-204, 39-3-205, 39-3-206, 39-3-207, 39-3-208, 39-3-209, 39-3-210, 39-3-211, 39-3-212, 39-3-213, 39-3-214, 39-3-215, 39-3-216, MCA

 

REASON: See REASON for ARM 24.16.7506.

 

            24.33.475 DISPUTE RESOLUTION PROCESS (1) A person aggrieved by the department's receiving an adverse decision pertaining to that person may request a hearing within 30 15 days of the date of the decision from when the adverse decision is sent. All requests for hearing must be made in writing and sent to the department at any of the following addresses:

            (a) Registration Section, Employment Relations Division, Department of Labor and Industry,            P.O. Box 8011, Helena, MT 59604-8011;

            (b) Registration Section, Employment Relations Division, Department of Labor and Industry, 1805 Prospect Avenue, Helena, MT 59601; or

            (c) appeals@mtcontractor.com.

            (2) The hearing will be conducted as a contested case pursuant to the Montana Administrative Procedure Act, per Title 2, chapter 4, part 6, MCA, and the department's rules.

            (3) The hearing and related proceedings will be conducted by the department's Office of Administrative Hearings.

            (4) (3) Because home inspector registration is not a licensing matter, the hearing may be conducted either as a formal formally or informal proceeding informally, at the election of the person requesting the hearing. 

            (4) A party may appeal the hearing officer's decision to the unemployment insurance appeals board (UIAB) within ten days of the date the decision was sent.

            (5) A party may appeal a board decision by requesting judicial review per 39-51-2410, MCA.

 

            AUTH: 2-4-201, 39-9-103, 39-9-212, MCA

            IMP: 2-4-603, 39-9-212, 39-9-401, MCA

 

REASON: It is reasonably necessary to amend (1) by allowing registered construction contractors and home inspectors 15 days to request a hearing following an adverse decision from the department. This change will standardize the timeline for hearing requests with other department programs such as independent contractor registration and wage and hour claims, which are both set in statute. There exists no statutory time for construction contractors' or home inspectors' appeals.

            Further amendments remove specific address, web site, and contact information to eliminate the need to amend the rule every time this information changes. The department is adding (4) and (5) to clearly set forth the later appeal processes as established in statute.

 

            24.35.205 BINDING NATURE OF ICCU DECISIONS REGARDING EMPLOYMENT STATUS (1) Unless appealed following mediation pursuant to per 39‑71-415, MCA, written ICCU decisions issued by the ICCU are binding on all parties with respect to regarding employment status issues under the jurisdiction of the department and the jurisdiction of any other agency which elects electing to be included as a member of the ICCU. These decisions may affect a party's liability in matters related to unemployment insurance, the Uninsured Employer's Fund, wage and hour issues, human rights, and state income tax withholding matters.

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

            (3) remains the same. 

 

            AUTH: 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA

            IMP: 39-3-212, 39-3-407, 39-51-1109, 39-71-415, 39-71-417, MCA

 

REASON: The department is amending this rule to simplify, clarify, and update the rule's language, and align with the standardized procedures of NEW RULES I through IX.

 

            24.35.206 MEDIATION AND APPEAL OF DECISIONS REGARDING EMPLOYMENT STATUS (1) After issuance of a decision, a dissatisfied A party receiving an adverse ICCU decision may requesting mediation shall file a written request for mediation with the ICCU within 15 days of the mailing of date the ICCU's decision was sent. The mediation request for mediation is effective upon department receipt by the department, not upon mailing. It is the obligation of the requesting party to ensure timely receipt of the request for mediation by the ICCU.

 (2) A request for mediation may be filed in the following ways:

            (a) by mail to P.O. Box 8011; Helena, MT 59604;

            (b) by electronic mail to erdappeal@mt.gov; or

            (c) by facsimile to (406) 444-4140.

            (3) Upon receiving a request for mediation, the ICCU shall provide the mediator a copy of its decision and any other documents it deems relevant. 

 

            AUTH: 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, 39-3-407, 39-51-1109, 39‑71-415, 39-71-417, 39-71-418, MCA

 

REASON: The department is amending this rule to simplify, clarify, and update the rule's language, and align with the standardized procedures of NEW RULES I through IX.  Further amendments remove specific address, web site, and contact information to eliminate the need to amend the rule every time this information changes. 

 

            5. The proposed new rules are as follows:

 

            NEW RULE I DEFINITIONS As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

            (1) "Adverse decision" means a decision by the department that is not favorable to the party requesting review.

            (2) "Claim" or "complaint" means:

            (a) a complaint alleging non-compliance with a statute or administrative rule under the jurisdiction of the department;

            (b) a request for an audit of an employer's payroll records; or

            (c) a field investigation by the department of an employer's payroll.

            (3) "Day" means a calendar day.

            (4) "Determination" means a decision by the department on the merits of a claim, providing the amount of wages and penalty owed by an employer to an employee.

            (5) "Hearing" means a contested case per Title 2, chapter 4, part 6, MCA.

            (6) "Mediation" is the process described by 26-1-813, MCA.

            (7) "Penalty" means the statutory penalty provided by 18-2-407 and 39-3-206, MCA, assessed by the department against the employer and paid to the employee in addition to any wages owed.

            (8) "Redetermination" means an informal review by the department, based on new or additional information supplied by a party receiving an adverse determination.

            (9) "Send" or "sent" means the department's method of providing an official decision, determination, redetermination, or other notification to an affected person, party, or entity, and includes but is not limited to regular, certified, or electronic mail, or personal service.

 

            AUTH: 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA

            IMP: 2-4-603, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA  

 

            NEW RULE II TIME PERIODS – SUBMITTING DOCUMENTS TO THE DEPARTMENT (1) Time periods for acts required by these rules will exclude the first day and include the last day, unless the last day falls on a Saturday, Sunday, or legal holiday. In that event, the period runs until the end of the next regular workday, which is not a Saturday, Sunday, or legal holiday.

            (2) All claims, complaints, requests, responses, and documents required or allowed to be submitted to the department:

            (a) may be submitted in person, by regular mail, electronically (e-mail), by facsimile (fax), or via online portal when available; and

            (b) are considered filed with the department on the date the department receives them.

            (3) Submissions received after 11:59 p.m. mountain time will have a filing date of the next regular workday.

            (4) Parties must ensure that submissions are timely received by the department. Failure, malfunction, or unavailability of electronic equipment does not excuse a party from the requirements of timely filing.

            (5) Only one copy of an e-mail or fax submission must be filed even if multiple copies otherwise would be required.

 

            AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA

            IMP: 2-4-201, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-216, 39-3-407, MCA  

 

            NEW RULE III WAGE COMPLAINTS AND INVESTIGATIONS (1) The department will review complaints, claims, or other information received to enforce Montana's wage laws.

            (2) The department may conduct investigations without filed complaints, including spot-check inspections of payroll and personnel records, and interviews to ensure compliance with wage laws.

            (3) The department will review prevailing wage complaints to determine if the work is subject to federal prevailing wage laws, and if so, will advise the complainant to contact the U.S. Department of Labor.

 

            AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA

            IMP: 2-4-201, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA  

 

            NEW RULE IV DETERMINATIONS (1) Following the expiration of an employer's response time, the department will issue a determination of the wages and penalty owed, if any.

            (2) The determination will incorporate any decision of the department's independent contractor central unit regarding the employment status.

            (3) The department will send a copy of the determination to each party or attorneys of record.

            (4) Failure of an employer to timely respond to a claim or complaint may result in the entry of a determination adverse to the employer.

            (5) A party receiving an adverse determination may request either a redetermination or a hearing.

 

            AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA

            IMP: 2-4-201, 2-4-603, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA 

 

            NEW RULE V REQUEST FOR RELIEF IF NOTICE NOT RECEIVED

            (1) A party alleging untimely or non-receipt of notice of a claim, determination, or hearing has the burden of proving the party should be granted relief. The party seeking relief must present a preponderance of evidence to rebut the statutory presumption in 26-1-602, MCA, that a letter duly directed and mailed was received in the regular course of the mail.

            (2) Once a judgment is issued by a district court concerning a decision, any request for relief must be directed to the district court by a party (not the department on behalf of a party) per the Rules of Civil Procedure and be in the form required by the district court.

 

            AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-216, 39-3-403, MCA

            IMP: 2-4-201, 18-2-407, 18-2-409, 39-3-207, 39-3-209, 39-3-210, 39-3-216, 39-3-407, MCA  

 

            NEW RULE VI RESPONSES (1) The department will notify all involved parties of a wage claim or complaint.

            (2) Employers must respond and provide any requested information by the date specified in the notice. 

            (a) If requested prior to the response deadline, the department may grant additional response time for good cause shown.

            (b) Failure to timely respond may result in a decision adverse to the employer.

            (3) If a response alleges the wage claimant is an independent contractor, the working relationship will be analyzed.

            (4) If a complaining party fails to provide requested information to the department within specified time frames, the department may dismiss the complaint.

 

            AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA

            IMP: 2-4-201, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA  

 

            NEW RULE VII REDETERMINATIONS (1) A party receiving an adverse decision may request a redetermination.

            (a) Redeterminations are limited to issues other than employment status.

            (b) Parties disagreeing with an employment status decision must raise the issue in the request for redetermination to preserve the issue for a hearing per [NEW RULE VIII].

            (2) Redetermination requests must be:

            (a) received within 15 days of the date the decision is sent; and

            (b) include new or additional information relevant to the disputed issue(s) for the department to consider.

            (3) The department will issue a redetermination and send a copy to the parties.

            (4) The department will only issue one redetermination for each party receiving an adverse decision. 

 

            AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA

            IMP: 2-4-201, 2-4-603, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA  

 

            NEW RULE VIII HEARING REQUESTS (1) A party receiving an adverse decision may request a contested case hearing within 15 days from the date the decision or redetermination is sent.

            (2) Hearing requests must include the names and contact information for the requesting and opposing parties.

            (3) For timely, complete requests, the department will first conduct mediation as provided by [NEW RULE IX]. If mediation does not fully resolve the dispute, any unresolved issues will be resolved through contested case proceedings in accordance with Title 2, chapter 4, part 6, MCA.

 

            AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA

            IMP: 2-4-201, 2-4-603, 18-2-407, 18-2-409, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA  

 

            NEW RULE IX MEDIATION (1) Mediations are conducted in accordance with the provisions of 26-1-813, MCA.

            (2) The department shall appoint a mediator and notify the parties of the appointment.

            (3) The mediator shall contact the parties to establish the mediation procedures and set a time for the mediation.

            (4) Mediation must be completed within 45 days from the date the notice of mediator appointment is sent unless all parties and the mediator agree to an extension, or the case is withdrawn.

            (5) Following mediation, the mediator shall issue a report as follows:

            (a) If mediation resolved the dispute, the report will provide the agreement terms for approval by the parties. 

            (b) The mediator shall provide appropriate settlement notice, signed by the parties, if such notice is required to dispose of remaining issues.

            (c) If mediation does not fully resolve the dispute, the report will provide the parties the opportunity to request a contested case hearing for any unresolved issues in accordance with Title 2, chapter 4, part 6, MCA. Requests for hearing must be received by the department within ten days from the date the mediator's report is sent.

            (d) The mediator may issue a noncooperation report when a party refuses to participate or otherwise comply with the mediation.

            (6) As permitted by 2-4-603, MCA, mediation may also be requested by parties to a case at any later time prior to full and final judgment.

 

            AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-216, 39-3-403, MCA

            IMP: 2-4-201, 2-4-603, 18-2-407, 18-2-409, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA  

 

            6. The rules proposed to be repealed are as follows:

 

            24.16.7503 PURPOSE 

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-202, 39-3-403, MCA

 

            24.16.7514 COMPUTATION OF TIME PERIODS

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-202, 39-3-403, MCA

 

            24.16.7517 ELECTRONIC FILINGS

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-202, 39-3-211, 39-3-403, 39-3-407, MCA

 

            24.16.7519 WAGE COMPLAINTS AND INVESTIGATIONS

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-209, 39-3-210, MCA

 

            24.16.7521 FILING A CLAIM

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-211, 39-3-407, MCA

 

            24.16.7524 EMPLOYEE'S FAILURE TO PROVIDE INFORMATION 

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-210, MCA

 

            24.16.7527 EMPLOYER RESPONSE TO CLAIM

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-209, 39-3-210, 39-3-407, MCA

 

            24.16.7531 DETERMINATION

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-209, 39-3-210, MCA

 

            24.16.7534 REQUEST FOR REDETERMINATION

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39‑3‑209, MCA

 

            24.16.7536 MEDIATION PROCEDURES

 

            AUTH: 39-3-202, MCA

            IMP: 2-4-603, 39-3-216, MCA

 

            24.16.7537 REQUEST FOR FORMAL HEARING

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-216, MCA

 

            24.16.7541 DEFAULT ORDERS AND DISMISSALS

 

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-216, MCA

 

            24.16.7544 REQUEST FOR RELIEF IF MAIL IS NOT RECEIVED

           

            AUTH: 39-3-202, 39-3-403, MCA

            IMP: 39-3-216, MCA

 

            24.17.814 COMPUTATION OF TIME PERIODS

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, MCA

 

            24.17.817 FACSIMILE FILINGS

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, MCA

 

            24.17.821 FILING COMPLAINTS

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, 39-3-201, 39-3-207, 39-3-209, 39-3-210, 39-3-211, MCA

 

            24.17.822 JURISDICTIONAL REVIEW

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA

 

            24.17.824 REQUESTING PARTY'S FAILURE TO PROVIDE INFORMATION

           

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18‑2-407, 18-2-423, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA

 

            24.17.827 EMPLOYER RESPONSE TO COMPLAINT

 

            AUTH: 18-2-423, 18-2-431, 39‑3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, 18-2-424, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA

 

            24.17.829 DEPARTMENT REVIEW OF EMPLOYER RECORDS

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, 18-2-424, 39-3-201 through 39-3-216, MCA

 

            24.17.831 DETERMINATION

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, 39-3-201 through 39-3-216, MCA

 

            24.17.834 REQUEST FOR REDETERMINATION

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, MCA

 

            24.17.837 REQUEST FOR FORMAL HEARING

 

            AUTH: 18‑2‑431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, 39-3-216, MCA

 

            24.17.838 MANDATORY, NONBINDING MEDIATION

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 39-3-216, MCA

 

            24.17.841 DEFAULT ORDERS AND DISMISSALS

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, 39-3-212, 39-3-216, MCA

 

            24.17.844 REQUEST FOR RELIEF IF MAIL IS NOT RECEIVED

           

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18-2-403, 18-2-407, 18-2-423, MCA

 

            24.17.847 APPEAL OF FORMAL HEARING

 

            AUTH: 18-2-431, 39-3-202, MCA

            IMP: 18‑2‑403, 18-2-407, 18-2-423, 39-3-216, MCA

 

            7. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Misty Knight, Employment Relations Division, P.O. Box 8011, Helena, Montana 59604-8011; facsimile (406) 444-4140; or e-mail misknight@mt.gov, and must be received no later than 5:00 p.m., January 7, 2022.

 

            8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices and specifies the particular subject matter or matters regarding which the person wishes to receive notices. Such written request may be mailed or delivered to the contact person in paragraph 2 above or may be made by completing a request form at any rules hearing held by the agency.

 

            9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            10. Pursuant to 2-4-111, MCA, the department has determined that the rule changes proposed in this notice will not have a significant and direct impact upon small businesses.

 

            11. Department staff has been designated to preside over and conduct this hearing.

 

/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ LAURIE ESAU Laurie Esau, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State November 30, 2021.