For the purposes of ARM Title 24, chapter 35, subchapters 2 and 3, the following definitions apply:

(1) "Department" means the Montana department of labor and industry.

(2) "Employment status" means the employment relationship between an individual and their employer.

(3) "Hiring agent" means the entity which hires an individual to perform services and may include:

(a) "employer" as defined in 39-3-201 , MCA;

(b) the individual or other legal entity as described in the definition of "employing unit" in 39-51-201 , MCA;

(c) "employer" as defined in 39-51-202 , MCA;

(d) "employer" as defined in 39-71-117 , MCA; and

(e) similar definitions contained in the applicable statutes of agencies which have elected to participate in the independent contractor central unit.

(4) "Independent contractor central unit" or "ICCU" means the unit located within the department which is responsible for making employment status determinations for the entire department, and any other agency which elects to participate in the ICCU.

(5) "Individual" means someone who renders service in the course of an occupation.

(6) "Similarly situated individuals" means people who render services for an employer under circumstances substantially the same as those under which the subject individual's services were performed.