(1) To determine the employment status of an individual the department may:

(a) review written contracts between the individual and the hiring agent;

(b) interview and obtain statements from the individual, co-workers and the hiring agent;

(c) obtain statements from third parties;

(d) examine the books and records of the hiring agent;

(e) review filing status on income tax returns;

(f) perform onsite visits; and

(g) make any other investigation necessary to determine employment status.

(2) Determinations regarding employment status must comply with the criteria for an independent contractor found at 39-71-417 , MCA, as well as with existing law on partnership, joint ventures and other employment entities. The department will use the criteria in ARM 24.35.302 and 24.35.303 to assess employment status.

(3) Determinations regarding employment status will generally be issued by the department's independent contractor central unit (ICCU) .

(4) ICCU determinations regarding employment status must be called "determinations" and are separate and distinct from the "orders" defined at ARM 24.29.205.

(5) ICCU determinations regarding employment status are binding on the department and on any other agency which elects to be included as a member of the department's ICCU, subject to the limitations contained in ARM 24.35.205(3) . This does not include any agency which is merely appearing before the ICCU as a party in an employment status case (for example the state compensation insurance fund) , and has not elected to be included as a member of the ICCU.