WORKERS' COMPENSATION AND OCCUPATIONAL DISEASE

24.29.706D SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION (IS HEREBY TRANSFERRED TO ARM 24.35.131) Authorizing statute(s): 39-71-203 and 39-71-401 MCA Implementing statute(s): 39-71-120 and 39-71-401 MCA History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR …

24.29.706E GUIDELINES FOR DETERMINING WHETHER AN INDEPENDENT CONTRACTOR EXEMPTION IS NEEDED (IS HEREBY TRANSFERRED TO ARM 24.35.141) Authorizing statute(s): 39-71-203 and 39-71-401 MCA Implementing statute(s): 39-71-120 and 39-71-401 MCA History: NEW, 1996 MAR p. 1303, Eff. 5/10/…

24.29.707 INEFFECTIVE ELECTION TO BE BOUND, RESULTING DIVISION ACTION (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-408, 39-71-504 and 39-71-507, MCA History: NEW, 1984 MAR p. 983, Eff. 7/2/84; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.708 POSTING INSURANCE STATUS IN WORKPLACE (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203 and 39-71-401, MCA Implementing statute(s): 39-71-401, MCA History: NEW, 1984 MAR p. 983, Eff. 7/2/84; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.709 SECURITY DEPOSITS FOR PLAN NUMBER TWO INSURERS -- REPORTS (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-2215, MCA History: NEW, 2012 MAR p. 1666, Eff. 8/24/12; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.711 STATUS OF CERTAIN PERSONAL ASSISTANTS FOR THE PURPOSE OF WORKERS' COMPENSATION LAWS For the purposes of workers' compensation and occupational disease laws, a person with a disability who receives services of a personal assistant or an immediately involved representativ…

24.29.713 EVIDENCE OF INSURANCE COVERAGE (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-304, 39-71-401, 39-71-402, 39-71-2201, and 39-71-2336, MCA History: NEW, 1998 MAR p. 2872, Eff. 11/1/98; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.720 PAYMENTS THAT ARE NOT WAGES--EMPLOYEE EXPENSES Payments made to an employee to reimburse the employee for ordinary and necessary expenses incurred in the course and scope of employment are not wages if all of the following are met: the amount of each employee's reimburs…

24.29.721 VALUE OF EMPLOYER-FURNISHED HOUSING For the purposes of this rule, the following definitions apply: "Agricultural employer" means an employer whose operations are assigned to an agricultural classification code for workers' compensation purposes. The term is intended to…

24.29.801 ACCIDENT REPORTING A plan No. 2 or plan No. 3 employer shall submit the first report of injury/occupational disease form to its insurer within six days of notice of an accident, injury, or occupational disease. If a first report is improperly sent to the department, it …

24.29.802 SUPPORT DOCUMENTS FOR REPORTING (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-203, MCA History: Eff. 12/31/72; AMD, Eff. 2/5/76; AMD, 1990 MAR p. 2183, Eff. 12/14/90; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.803 COMPENSATION TO BE PAID (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-740, MCA History: Eff. 12/31/72; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.804 EXAMINERS AND THIRD-PARTY ADMINISTRATORS IN MONTANA (REPEALED) (REPEALED) Authorizing statute(s): 39-71-107, 39-71-203, MCA Implementing statute(s): 39-71-105, 39-71-107, 39-71-320, MCA History: Eff. 12/31/72; AMD, Eff. 2/5/76; AMD, 2000 MAR p. 2701, Eff. 10/6/00; AMD, …

24.29.805 CONTINUITY OF COMPENSATION PAYMENT (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-741, MCA History: Eff. 12/31/72; AMD, Eff. 2/5/76; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.806 MEDICAL EVALUATIONS (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-307, 39-71-604, MCA History: Eff. 12/31/72; REP, 1990 MAR p. 2183, Eff. 12/14/90.

24.29.807 PROTECTION OF PERSONS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-203, MCA History: Eff. 12/31/72; AMD, Eff. 1/3/77; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.808 GENERAL RULES (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-203, 39-71-605 and 39-71-1001, MCA History: Eff. 12/31/72; REP, 1998 MAR p. 2872, Eff. 11/1/98.

24.29.811 PURPOSE OF RULES (REPEALED) Authorizing statute(s): 39-71-203, 39-71-320, MCA Implementing statute(s): 39-71-105, 39-71-320, MCA History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; REP, 2019 MAR p. 2119, Eff. 12/1/19.

24.29.813 DEFINITIONS For purposes of this subchapter, the following definitions apply: "Certified claims examiner" means a claims examiner who is in compliance with the requirements of 39-71-320, MCA. "Credit hours" means the value assigned to a course by the department, upon re…

24.29.816 DECISIONS WHICH MUST BE MADE BY A CERTIFIED CLAIMS EXAMINER Except as provided by ARM 24.29.818 and this rule, only a certified claims examiner may perform the tasks identified by 39-71-116, MCA, as being the responsibility of a claims examiner. After an insurer or its …

24.29.817 APPLICABILITY OF RULES (REPEALED) Authorizing statute(s): 39-71-203, 39-71-320, MCA Implementing statute(s): 39-71-105, 39-71-320, MCA History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; REP, 2019 MAR p. 2119, Eff. 12/1/19.

24.29.818 NEW HIRES AND CLAIMS EXAMINER TRAINEES – DESIGNATION OF CERTIFIED CLAIMS EXAMINER TO BE ACCOUNTABLE FOR DECISIONS A new hire or claims examiner trainee may, for a period of not more than 180 days, perform tasks otherwise required to be performed by a certified claims ex…

24.29.821 CERTIFICATION OF CLAIMS EXAMINERS Claims examiners must be certified by the department upon the following: completion of the application form provided by the department; payment of the required fees; and satisfactory completion of an examination. Certification is for a …

24.29.824 EXAMINATION FOR CLAIMS EXAMINERS Certified claims examiner applicants must take and pass the department-approved examination. Any person taking an examination may use a copy of Title 39, chapter 71, MCA, during the test procedure. A passing score on an examination is at…

24.29.826 REPORTING OF EMPLOYMENT STATUS OR CHANGE OF ADDRESS TO THE DEPARTMENT A certified claims examiner must report to the department, within 20 days of the event: the name and address of an insurer or third-party administrator who has hired the person to be employed as a cer…

24.29.827 WAIVER OF EXAMINATION (REPEALED) Authorizing statute(s): 39-71-203, 39-71-320, MCA Implementing statute(s): 39-71-105, 39-71-320, MCA History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; REP, 2019 MAR p. 2119, Eff. 12/1/19.

24.29.831 LAPSE IN CERTIFICATION If a certification has lapsed but application for renewal is received within 24 months from the renewal date, the claims examiner must pay the application fee and provide evidence of sufficient continuing education credits received during the laps…

24.29.834 CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL Certification shall be renewed upon: payment of the applicable fee; completion of the renewal form provided by the department at any time during the certification period, but no later than the expiration of the certification…

24.29.837 REVIEW AND APPROVAL OF CONTINUING EDUCATION COURSES BY DEPARTMENT Any sponsoring organization that requests continuing education credits be approved by the department for training must complete and submit a request on a form provided by the department. The department sh…

24.29.841 COURSE SUBMISSIONS The following standards, by which acceptability of submitted courses are evaluated, must all be certified by the sponsoring organization: the practical and academic experience of each faculty member is sufficient to teach the subject assigned; the cou…

24.29.844 QUALIFICATIONS FOR INSTRUCTORS Instructors must have experience in at least one of the following for the department to approve the course: three or more years of managerial, supervisory, technical, or teaching experience as a subject matter expert; appropriate national …

24.29.847 FEES FOR CERTIFICATION, EXAMINATION, RENEWAL, AND COURSE APPROVAL SUBMISSION The following fees apply to the certified claims examiner program: initial application for certification $100 examination 75 renewal application 75 renewal application for lapsed certification …

24.29.851 MAINTENANCE OF CERTIFICATION DOCUMENTATION (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, 39-71-320, MCA Implementing statute(s): 39-71-105, 39-71-320, MCA History: NEW, 2009 MAR p. 2019, Eff. 10/30/09; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.901 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.902 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, 50-71-114, MCA Implementing statute(s): 39-71-201, 39-71-915, 39-71-1011, 39-71-2352, 50-71-128, MCA History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; AMD, 2004 MAR p. 645, Eff. 3/26/04; AMD, 2018 MAR p. …

24.29.904 ADMINISTRATIVE ASSESSMENT METHODOLOGY IN GENERAL (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.905 ADMINISTRATIVE ASSESSMENT METHODOLOGY IN GENERAL (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

24.29.907 BILLING AND PAYMENT OF THE ADMINISTRATION FUND ASSESSMENT (REPEALED) (REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201 and 39-71-408, MCA History: NEW, 2004 MAR p. 645, Eff. 3/26/04; REP, 2024 MAR p. 1066, Eff. 5/11/24.

24.29.908 PENALTIES, ADMINISTRATIVE FINES, AND INTEREST Any assessment payment, surcharge remittance, summary report, or quarterly expenditure report received by the department more than five days past the due date is considered to be late. Authorizing statute(s): 39-71-203, MCA …

24.29.909 RECALCULATION OF ADMINISTRATIVE ASSESSMENTS MADE IN FISCAL YEARS 1992 - 1995 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.912 ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1992 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.913 ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1993 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.914 ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1994 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.915 ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1995 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.916 ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1996 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.917 ADMINISTRATIVE ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1997 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.918 ASSESSMENT METHODOLOGY FOR FISCAL YEARS 1998 AND 1999 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1997 MAR p. 1364, Eff. 8/5/97; REP, 1999 MAR p. 2877, Eff. 12/17/99.

24.29.921 RECALCULATION OF ADMINISTRATION FUND ASSESSMENTS MADE IN FISCAL YEARS 1992 - 1995 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

24.29.922 ADMINISTRATION FUND ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1992 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.

24.29.923 ADMINISTRATION FUND ASSESSMENT METHODOLOGY FOR FISCAL YEAR 1993 (IS HEREBY REPEALED) Authorizing statute(s): 39-71-203, MCA Implementing statute(s): 39-71-201, MCA History: NEW, 1999 MAR p. 2877, Eff. 12/17/99; REP, 2004 MAR p. 645, Eff. 3/26/04.