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24.35.133    NOTICE OF SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE

(1) When the department suspends or revokes an independent contractor exemption certificate pursuant to 39-71-417 , MCA, the certificate holder's waiver of worker's compensation benefits is no longer effective upon notice to the hiring agents as designated in this rule.

(2) Regarding a suspension, a hiring agent is considered to have been given notice of the suspension of the exemption certificate on the date a written notice is personally delivered to the hiring agent, or three days after a written notice is mailed to the hiring agent, whichever is earlier.

(3) Regarding a revocation, if the department has contact information for a given hiring agent, that hiring agent is considered to have been given notice of the revocation of the exemption certificate on the date a written notice is personally delivered to the hiring agent, or three days after a written notice is mailed to the hiring agent, whichever is earlier.

(a) With respect to unknown hiring agents or potential future hiring agents, such hiring agents are deemed to have notice that an exemption certificate is revoked at the earlier of when:

(i) the department posts notice of the revoked certificate at its website; or

(ii) the hiring agent has actual knowledge of the department's revocation of the exemption certificate.

(4) The website address for the department's independent contractor information is www.mtcontractor.com. The telephone number for verifying the status of an independent contractor exemption certificate is (406) 444-7734.

History: 39-71-203, 39-71-417 and 39-71-418, MCA; IMP, 39-71-418, MCA; NEW, 2005 MAR p. 1511, Eff. 8/12/05.

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