Rule 24.35.202 - DECISIONS REGARDING EMPLOYMENT STATUS(1) Subject to ARM 24.35.203, the department shall apply a two-part test to determine whether an individual is an independent contractor or an employee. The department shall evaluate: (a) whether the individual is and shall continue to be free from control or direction over the performance of the services, both under contract and in fact; and(b) whether the individual is engaged in an independently established trade, occupation, profession, or business.(2) Initial determinations regarding employment status may be issued by any unit of the department or by the Department of Revenue. Initial determinations are binding unless appealed to the ICCU by applicable law.(3) ICCU decisions 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, and has not elected to be included as a member of the ICCU.Mont. Admin. r. 24.35.202
NEW, 1996 MAR p. 1676, 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. 4/14/2018; AMD, 2024 MAR p. 2061, Eff. 8/24/2024AUTH: 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA; IMP: 39-3-208, 39-3-209, 39-3-210, 39-51-201, 39-51-203, 39-71-415, 39-71-417, 39-71-418, MCA