(1) An independent contractor exemption certificate may be suspended or revoked by the department pursuant to 39-71-418 , MCA.

(2) Regarding suspensions, the department will consider the factors defined in ARM 24.35.302 in order to determine whether an employing unit is either exerting control or retains a right to control to a degree that causes a certificate holder to violate the provisions of 39-71-417 , MCA.

(3) Regarding revocations, the department will determine whether a certificate holder is uncooperative by considering the following factors:

(a) the department is unable to locate the certificate holder;

(b) the certificate holder refuses to provide information to the department, including but not limited to updated contact information for the certificate holder and contact information for each of the certificate holder's hiring agents;

(c) mail sent to the certificate holder is returned to the department; or

(d) any reason the department determines sufficiently egregious to warrant revocation of the exemption certificate.

(4) Certificate holders may appeal a department suspension or revocation of the certificate in the same manner as that provided for denial of an application pursuant to 39-71-417 , MCA.

(5) As used in this rule, the following definitions apply:

(a) "Revoked" and "revocation" mean that the independent contractor exemption certificate is no longer in force or effect.

(b) "Suspended" and "suspension" mean that the independent contractor exemption certificate is not applicable to a particular job or to a series of jobs for a particular employing unit.