24.35.131    SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE

(1) The department may revoke an ICEC when the department determines it is necessary to do so. The following are examples when the department may revoke an ICEC:

(a) the department is unable to locate the certificate holder or mail sent to the certificate holder at the address on file with the department is returned;

(b) the certificate holder fails to cooperate with the department, including without limitation:

(i) failure to provide information to the department upon request;

(ii) failure to complete a worker relationship questionnaire upon request; or

(iii) failure to notify the department of changes in contact information;

(c) when revocation is required by law, for example for non-payment of child support pursuant to Title 40, chapter 5, part 7, MCA; or

(d) any reason the department determines sufficiently egregious to warrant revocation of the ICEC.

(2) A person with a suspended ICEC as applied to a particular hiring agent may apply for reinstatement of the ICEC by submitting proof to the department of the ICEC holder's independent contractor status in relation to the identified hiring agent. The department shall investigate prior to reinstatement of an ICEC to ascertain that independent contractor status is established in fact.

(3) A person whose ICEC has been cancelled by the ICEC holder or revoked by the department may apply for a new ICEC pursuant to ARM 24.35.111.

 

History: 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA; IMP, 39-51-201, 39-51-204, 39-71-417, 39-71-418, MCA; NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. 7/1/96; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18.