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(1) A claim is commenced when a letter is mailed to the employer by an authorized representative of the commissioner notifying the employer of the claim.

(2) An employer must file a written response to a claim. The response must either be on the form provided by the department or presented in a similar format.

(3) To be timely, the employer's written response must be delivered to the department by the date specified by the department. Upon timely request, and for good cause shown, the department may allow additional time for response.

(4) In the event the employer's response contains an allegation that the wage claimant is an independent contractor, a partner, part of a joint venture, or any other employment status other than that of employee, the employment status issue will be referred to the department's Independent Contractor Central Unit for a decision pursuant to ARM 24.16.7520.

(5) Failure of the employer to timely respond to a claim will result in the entry of a determination adverse to the employer.


History: 39-3-202, 39-3-403, MCA; IMP, 39-3-209, 39-3-210, 39-3-407, MCA; NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 1996 MAR p. 1668, Eff. 7/1/96; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 439, Eff. 2/24/18.

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