Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

AND THE BOARD OF LABOR APPEALS

STATE OF MONTANA

In the matter of the amendment of ARM 24.7.301, 24.7.304, 24.7.305, 24.7.306, 24.7.308, 24.7.312, 24.7.315, and 24.7.316, and the adoption of NEW RULE I, pertaining to the Board of Labor Appeals; the amendment of 24.11.204, 24.11.207, 24.11.320, 24.11.450A, 24.11.452A, 24.11.454A, 24.11.455, 24.11.457, 24.11.458, 24.11.475, 24.11.616, 24.11.1207, 24.11.2407, 24.11.2511 and 24.11.2515; and the adoption of NEW RULES II through X, pertaining to unemployment insurance

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NOTICE OF AMENDMENT AND ADOPTION

TO: All Concerned Persons

1. On February 24, 2011, the Department of Labor and Industry (department) and the Board of Labor Appeals (board) jointly published MAR Notice No. 24-7-254 regarding the public hearing on the above-stated rules at page 195 of the 2011 Montana Administrative Register, Issue Number 4.

2. On March 17, 2011, a public hearing was held at which time members of the public made oral and written comments and submitted documents. Additional comments were received during the comment period.

3. No comments were made with respect to the rules the board proposed to amend or adopt. The department has thoroughly considered the comments and testimony received from the public. The following is a summary of the public comments received and the department's response to those comments:

Comment 1: One comment lauded the department for bringing the meal and lodging reimbursement rates for motor carriers in ARM 24.11.2511 into alignment with the current rates paid to truckers in the U.S. and Canada.

Response 1: The department acknowledges the comment.

Comment 2: One commenter distinguished unemployment insurance hearings, which adjudicate claim benefit and tax contribution determinations on appeal, from contested case proceedings held under the provisions of the Montana Administrative Procedure Act (Title 2, chapter 4, part 6, Montana Code Annotated).

Response 2: The department acknowledges the difference between unemployment insurance hearings and contested case proceedings and amends ARM 24.11.207 accordingly.

Comment 3: Another comment suggested that NEW RULE VI be amended to allow a claimant's designated agent to request an appeal or redetermination on behalf of the claimant via the department's internet application.

Response 3: The department concurs and amends NEW RULE VI accordingly.

4. The board has amended the following rules as proposed: ARM 24.7.301, 24.7.304, 24.7.305, 24.7.306, 24.7.308, 24.7.312, 24.7.315, and 24.7.316.

5. The board has adopted the following rule as proposed: NEW RULE I (24.7.320).

6. The department has amended the following rules as proposed: ARM 24.11.204, 24.11.320, 24.11.450A, 24.11.452A, 24.11.454A, 24.11.455, 24.11.457, 24.11.458, 24.11.475, 24.11.616, 24.11.1207, 24.11.2407, 24.11.2511 and 24.11.2515.

7. The department has amended the following rule as proposed, but with the following changes from the original proposal, new material underlined, deleted matter interlined:

24.11.207 INTERESTED PARTY (1) through (5) remain as proposed.

(6) Only an interested party to an unemployment insurance proceeding has standing to request a redetermination, ~~contested case~~ hearing, or appeal to the Board of Labor Appeals.

(7) The department shall provide written notice of a determination, redetermination, ~~contested case~~ hearing, and appeal only to the identified interested parties to a particular proceeding as defined by this rule.

AUTH: 39-51-301, 39-51-302, MCA

IMP: Title 39, chapter 51, parts 11 and 12, 21 through 24, and 32, MCA

8. The department has adopted the following rules as proposed: NEW RULE II (24.11.476), III (24.11.490), IV (24.11.491), V (24.11.915) VII (24.11.487), VIII (24.11.485), IX (24.11.2506), and X (24.11.2208).

9. The department has adopted the following rule as proposed, but with the following changes from the original proposal, new material underlined, deleted matter interlined:

NEW RULE VI (24.11.210) CLAIMANT AGENT DESIGNATION

(1) remains as proposed.

(a) Level 1 designation allows the agent to provide information to the department related to the claim for benefits. Agent may respond to department requests for information by telephone or in writing. Agent may request a redetermination or appeal by submitting a written request on claimant's behalf;

(b) Level 2 designation allows the agent to file a new claim, reactivate an inactive claim, or file continued claim certifications on the claimant's behalf. Claimant must provide the agent with claimant's Personal Identification Number to allow the agent to access claimant's account and to use the department's internet application; or

AUTH: 39-51-301, 39-51-302, MCA

IMP: 39-51-3201, MCA

10. The board's new rules and amendments are all effective April 15, 2011.

11. The following new rules and amendments of the department are effective April 15, 2011: New Rule V (24.11.915), IX (24.11.2506), and X (24.11.2208) and amendments to 24.11.207, 24.11.320, 24.11.616, 24.11.2407, 24.11.2511, and 24.11.2515.

12. The following new rules and amendments of the department are effective May 29, 2011: New Rule II (24.11.476), III (24.11.490), IV (24.11.491), VI (24.11.210), VII (24.11.487), and VIII (24.11.485) and amendments to 24.11.204, 24.11.450A, 24.11.452A, 24.11.454A, 24.11.455, 24.11.457, 24.11.458, 24.11.475, and 24.11.1207.

/s/ MARK CADWALLADER /s/ KEITH KELLY

Mark Cadwallader Keith Kelly, Commissioner

Alternate Rule Reviewer Department of Labor and Industry

/s/ MARK CADWALLADER /s/ NORMAN GROSFIELD

Mark Cadwallader Norman Grosfield, Acting Chair,

Alternate Rule Reviewer Board of Labor Appeals

Certified to the Secretary of State April 4, 2011