24.35.204    MISREPRESENTATIONS REGARDING INDEPENDENT CONTRACTOR STATUS

(1) For purposes of this rule and the implementation of 39-51-203(4) and 39-71-419(1)(e), MCA, and requirements in certain instances not to determine status based "solely" on the lack of an ICEC, the ICCU will evaluate a worker's status pursuant to ARM 24.35.202 if: 

(a) the worker applied to the department for an ICEC prior to filing the present claim for workers' compensation or unemployment insurance benefits or prior to the present audit or investigation by the department and the application for ICEC is pending determination by the department;

(b) the worker provided the hiring agent a forged ICEC;

(c) the hiring agent took affirmative steps to verify the worker's independent contractor status, verified the worker to be an independent contractor by holding an independent contractor exemption certificate, and has documentation of the same; or

(d) the ICEC expires during the working relationship which is at issue in the present claim for workers' compensation or unemployment insurance benefits or audit or investigation by the department.

 

History: 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA; IMP, 39-51-201, 39-51-203, 39-71-419, MCA; NEW, 2022 MAR p. 284, Eff. 2/26/22.