1. (1) Suitable work for an individual may become unsuitable due to circumstances beyond the individual's or employer's control. When adjudicating a work refusal or separation from work, the department shall consider previously suitable work as not suitable when:

   1. (a) an individual has made a good faith effort to comply with licensing requirements or governing regulations but has failed to pass the required course(s) or licensing exam; or
   2. (b) an individual has submitted to the department an individualized determination of work unsuitability due to the individual's physical or mental disability, which is long-term, indefinite, or permanent, and is certified and signed by a health care provider.
2. (2) The individual bears the burden of proof that work is not suitable.

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

Implementing statute(s): 39-51-2104, 39-51-2304, MCA

History: NEW, 2024 MAR p. 1458, Eff. 7/1/24; AMD, 2025 MAR, Notice No. 2025-29, Eff. 7/1/25.