Admin. R. Mont. 24.40.501 – Employee Status - Determination of Independent Contractors - Department Procedures

(1) The department applies the requirements set out in ARM Title 24, chapter 35, to make initial determinations regarding employment status.
(2) After investigation, the department may issue an initial written determination on whether an individual is an independent contractor. Any person or employing unit aggrieved by this initial determination may request investigation and a decision by the department's compliance and investigations bureau pursuant to ARM Title 24, chapter 35, subchapters 2 and 3, within ten days of notice of the initial determination.
1. (a) A party is considered to have been given notice on the date a written notice is served or three days after a written notice is mailed to the party.
2. (b) The time limits set forth above may be extended for good cause as provided in 39-51-2402, MCA.
(3) Thereafter, the process set out in ARM Title 24, chapter 35, subchapters 2 and 3 controls.

Authorizing statute(s): 39-51-301, 39-51-302, MCA

Implementing statute(s): 39-51-201, 39-51-204, 39-51-1109, 39-51-2402, 39-71-418, MCA

History: NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1996 MAR p. 1667, Eff. 7/1/96; TRANS, from 24.11.820, 2004 MAR p. 2808, Eff. 11/19/04; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 284, Eff. 2/26/22; TRANS and AMD, from 24.11.2407, 2024 MAR p. 1458, Eff. 7/1/24.