Rule 24.35.101 - DEFINITIONSFor the purposes of ARM Title 24, chapter 35, the following definitions apply:
(1) "Employment status" means the employment relationship between an individual and a hiring agent. (2) "Fixed business location" means a principle place of business for any trade, occupation, profession, or business that is designated by the owner as the physical location where customers are directed for any physical contacts with the business and is the actual location where the majority of the business work is regularly performed. More than a place to store inventory or product samples, a fixed business location is where a person engages in work intended for commerce.(3) "Hiring agent" means the entity that hires an individual to perform services. A hiring agent may be an "employer" as defined in 39-3-201, MCA; 39-51-202, MCA; 39-71-117, MCA; or other legal entity as defined by an "employing unit" in 39-51-201, MCA.(4) "Incomplete application" means an application submitted for an exemption as an independent contractor that fails to qualify for a minimum of 15 points due to insufficient, missing, unverifiable, or incorrect information; or due to failure to submit an essential component, such as a signed and notarized waiver or required fee.(5) "Independent Contractor Central Unit" or "ICCU" means the individuals or group responsible for making employment status decisions for the entire department and other agencies that elect to participate in the ICCU.(6) "Party" means a person or entity designated by the department as plaintiff or respondent in an ICCU decision-making proceeding. The department, the claimant, employer(s), hiring agent(s), ICEC holders, insurer(s), or agencies of state government may be a party to an ICCU decision-making proceeding or appeal of an ICCU decision to the Workers' Compensation Court.(7) "Revoked" and "revocation" mean that an ICEC is no longer in force or effect.(8) "Suspended" and "suspension" mean that a person's ICEC is not applicable to a particular job or to a series of jobs for a particular hiring agent.Mont. Admin. r. 24.35.101
NEW, 2010 MAR p. 1608, Eff. 7/16/10; AMD,2018 MAR p. 720, Eff.4/14/2018; AMD, 2024 MAR p. 2061, Eff. 8/24/2024AUTH: 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA; IMP: 39-51-201, 39-51-204, 39-71-105, 39-71-409, 39-71-417, 39-71-418, MCA