24.35.205    BINDING NATURE OF ICCU DECISIONS REGARDING EMPLOYMENT STATUS

(1) Unless appealed following mediation pursuant to 39-71-415, MCA, written decisions issued by the ICCU are binding on all parties with respect to employment status issues under the jurisdiction of the department and the jurisdiction of any other agency which elects to be included as a member of the ICCU. These decisions may affect a party's liability in matters related to unemployment insurance, the Uninsured Employer's Fund, wage and hour issues, human rights, and state income tax withholding.

(2) Neither the department nor any other agency which elects to be included as a member of the ICCU may appeal the ICCU's employment status decision.

(3) When a party appeals the ICCU's employment status decision, the decision is not binding on any party until all appeal rights are exhausted.

 

History: 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA; IMP, 39-3-212, 39-51-1109, 39-71-415, 39-71-417, MCA; NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2550, Eff. 11/14/03; AMD, 2005 MAR p. 1511, Eff. 8/12/05; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 720, Eff. 4/14/18.