BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I through III, the amendment of ARM 24.29.804, 24.29.813, 24.29.821, 24.29.824, 24.29.831, 24.29.834, 24.29.837, and 24.29.847, and the repeal of ARM 24.29.811, 24.29.817, and 24.29.827, pertaining to certification of workers' compensation claims examiners

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NOTICE OF ADOPTION, AMENDMENT, AND REPEAL

 

TO: All Concerned Persons

 

 1. On September 20, 2019, the Department of Labor and Industry (department) published MAR Notice No. 24-29-347 regarding the public hearing on the proposed adoption, amendment, and repeal of the above-stated rules, at page 1550 of the 2019 Montana Administrative Register, Issue Number 18.

 

            2. On October 11, 2019, the department conducted a public hearing in Helena at which it received an oral comment. No written comments were received during the public comment period.

 

            3.  The department has thoroughly considered the comment made.  A summary of the comment and the department's response are as follows:

 

Comment: The commenter suggested that for the purposes of consistency of timelines, new hires be allowed to work as a claims examiner for up to 180 days without having to complete certification.

 

Response: The department agrees and has amended NEW RULE II accordingly.

 

            4. The department has adopted New Rules I (24.29.816) and III (24.29.826) as proposed.

 

            5. The department has adopted New Rule II as proposed, but with the following changes, deleted material interlined, new material underlined:

 

            NEW RULE II  (24.29.818)  NEW HIRES AND CLAIMS EXAMINER TRAINEES – DESIGNATION OF CERTIFIED CLAIMS EXAMINER TO BE ACCOUNTABLE FOR DECISIONS (1) A new hire may, for a period of not more than 60 days, perform tasks otherwise required to be performed by a certified claims examiner, if the employer has designated a certified claims examiner as being accountable for the decisions made by the new hire.

            (2) A new hire or claims examiner trainee may, for a period of not more than 180 days, perform tasks otherwise required to be performed by a certified claims examiner, if the employer has designated a certified claims examiner as being accountable for the decisions made by the new hire or claims examiner trainee.

            (3) and (4) remain as proposed but are renumbered (2) and (3).

 

            AUTH: 39-71-203, 39-71-320, MCA

            IMP:     39-71-105, 39-71-107, 39-71-320, MCA

 

            6. The department has amended ARM 24.29.804, 24.29.813, 24.29.821, 24.29.824, 24.29.831, 24.29.834, 24.29.837, and 24.29.847 as proposed.

 

            7. The department has repealed ARM 24.29.811, 24.29.817, and 24.29.827 as proposed.

 

            8. The adoptions, amendments, and repeals are effective on December 1, 2019, and apply to new and renewal certified claims examiner applications received by the department on or after December 1, 2019.

/s/ MARK CADWALLADER   Mark Cadwallader Alternate Rule Reviewer	/s/ GALEN HOLLENBAUGH   Galen Hollenbaugh, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State November 12, 2019.