Rule 24.40.911 - LIE DETECTOR TESTS-DRUG AND ALCOHOL TESTING(1) A claimant will not be disqualified for benefits under this chapter solely for the reason that the claimant is denied employment or continuation of employment for refusing to submit to a polygraph test or any form of a mechanical lie detector test, or on the basis of the results of any such test.(2) An individual disqualified for benefits based on 39-51-2303(3), MCA remains disqualified until the individual has performed services: (a) for which remuneration is received equal to or in excess of eight times the individual's weekly benefit amount subsequent to the week in which the act causing the disqualification occurred; and(b) that constitute employment as defined in 39-51-203 and 39-51-204, MCA.(3) For the purposes of the Workforce Drug and Alcohol Testing Act, an unemployment insurance benefits hearing is a legal action in which the results of a drug or alcohol test may be introduced, provided that the results and testimony about the results are protected from public disclosure.Mont. Admin. r. 24.40.911
Transfer from 24.11.463, 2024 MAR p. 1458, Eff. 7/1/2024.AUTH: 39-51-301, 39-51-302, MCA; IMP: 39-51-2303, 39-51-2304, MCA