Mont. Admin. R. 24.35.117 - ICEC RENEWAL, AFFIDAVIT, AND WAIVER

(1) Two months prior to the expiration date of an ICEC, the department shall mail an ICEC renewal application and waiver to the ICEC holder at the address on file with the department. The department shall prepare a renewal form for each ICEC holder that incorporates the most current information in the possession of the department regarding the ICEC holder's independent contractor status and lists the documentation on file with the department that supports independent contractor status.

(2) To renew an ICEC, the ICEC holder shall submit the following:

(a) signed and notarized ICEC renewal application on the department-approved form that indicates any changes in independent contractor status;

(b) certification that previously submitted documentation remains valid;

(c) additional documentation supporting independent contractor status, as needed;

(d) a fee, as required by ARM 24.35.121; and

(e) an executed, notarized waiver on the department-approved form.

(3) The department will verify documentation on file and evaluate all new documentation submitted by the ICEC holder. The department will assign point values to documentation, in accordance with [NEW RULE II].

(4) The department has discretion to assess the reliability of and determine the point value of any documentation not listed in [NEW RULE II].

(5) If the department is unable to verify any documentation needed to support independent contractor status, the department will notify the ICEC holder in writing within 30 days of receipt of the renewal application.

(6) To qualify for an ICEC renewal, the ICEC holder's documentation must be awarded a minimum of 15 points by the department for each independently established trade, occupation, profession, or business listed on the ICEC renewal application.

(7) An ICEC renewal issued by the department remains in effect for a two-year period unless the department revokes or suspends the ICEC or the ICEC holder requests in writing that the department cancel the ICEC.

(8) An ICEC holder may update the information on file with the department at any time during a current independent contractor exemption certificate period by requesting in person, over the phone, by e-mail, or in writing the revision of business name(s), business structure, phone number(s), or mailing address.

(9) An ICEC holder may add or change trade(s), occupation(s), profession(s), or business(es) to an ICEC, by executing an affidavit and waiver and submitting sufficient, relevant documentation to qualify for a minimum of 15 points, in accordance with the requirements of [NEW RULE II]. When an addition is made pursuant to this section (9), the expiration date of the ICEC is not changed.

Notes

Mont. Admin. R. 24.35.117

NEW, 2010 MAR p. 1608, Eff. 7/16/10; AMD,2018 MAR p. 720, Eff.4/14/2018

AUTH: 39-51-301, 39-51-302, 39-71-203, 39-71-409, 39-71-417, MCA ; IMP: 39-51-201, 39-51-204, 39-71-105, 39-71-409, 39-71-417, 39-71-418, MCA