(1) An employer has the right to appeal when the department:

(a) decides not to reimburse an employer for workers' compensation premiums; or

(b) awards less than the reimbursement requested.

(2) If an employer disagrees with the department's decision to not approve an application, or to approve less money than was requested, the employer may:

(a) request an administrative review within 30 calendar days of the date of the notice of the department's decision regarding the application by submitting a written request for an administrative review to the department: Department of Labor and Industry, Work-Based Learning Program, P.O. Box 1728, Helena, MT 59624-1728, or electronically to [email protected].

(b) If the employer is dissatisfied with the decision from the administrative review, the employer may submit a written request for a contested case proceeding, pursuant to Title 2, chapter 4, MCA, within 20 calendar days of the date of the notice of final decision of the department, which may be the result of an administrative review requested pursuant to (a).

(3) The employer bears the burden of demonstrating that the action by the department constitutes an abuse of discretion.

History: 39-71-319, MCA; IMP, 39-71-319, MCA; NEW, 2020 MAR p. 2432, Eff. 12/25/20.