Montana Administrative Code

24.33.441 DUTY TO UPDATE ROSTER AND BUSINESS INFORMATION – SUSPENSION – REINSTATEMENT OF REGISTRATION (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, 39-9-212, MCA Implementing statute(s): 39-9-212, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192,…

24.33.445 RENEWAL OF BUSINESS REGISTRATION (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, 39-9-212, MCA Implementing statute(s): 39-9-212, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; REP, 2024 MAR p. 1192, Eff. 5/25/24.

24.33.461 RECOGNITION OF CONTINUING EDUCATION COURSES (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, 39-9-212, MCA Implementing statute(s): 39-9-212, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192, Eff. 5/25/24; REP, 2025 MAR, Notice No. 2025-14…

24.33.471 PENALTIES – CIVIL FINES – INJUNCTIVE RELIEF (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, 39-9-212, MCA Implementing statute(s): 39-9-206, 39-9-212, 39-9-301, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2024 MAR p. 1192, Eff. 5/25/24; REP, 2025 MAR…

24.33.475 DISPUTE RESOLUTION PROCESS (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, 39-9-103, 39-9-212, MCA Implementing statute(s): 2-4-603, 39-9-212, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; AMD, 2022 MAR p. 152, Eff. 1/29/22; AMD, 2024 MAR p. 1192, Eff. 5/25/…

24.33.486 EDUCATION AND OUTREACH PROGRAM (REPEALED) (REPEALED) Authorizing statute(s): 39-9-103, 39-9-212, MCA Implementing statute(s): 39-9-206, MCA History: NEW, 2019 MAR p. 2121, Eff. 11/23/19; REP, 2024 MAR p. 1192, Eff. 5/25/24.

24.35.101 DEFINITIONS For the purposes of ARM Title 24, chapter 35, the following definitions apply: "Employment status" means the employment relationship between an individual and a hiring agent. "Fixed business location" means a principle place of business for any trade, occupa…

24.35.111 APPLICATION FOR INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE The applicant for an ICEC shall submit: a completed ICEC application on a department-approved form bearing the applicant's signature; a fee, as required by ARM 24.35.121; and an executed waiver conforming to t…

24.35.112 INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE APPLICATION On the form provided by the department, the applicant shall provide all information designated as required. The applicant must state, under oath, the veracity of all information on and attached to the form. The ap…

24.35.113 INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE WAIVER To execute a waiver, the applicant shall complete the department-approved waiver form. The waiver form must be signed by the applicant and under oath. The applicant shall represent on the waiver form that: the applican…

24.35.116 RENEWAL OF INDEPENDENT CONTRACTOR EXEMPTION (REPEALED) 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 p. 1863, Eff. 7/1/96; REP, 2005 MAR p. 1511, E…

24.35.117 ICEC RENEWAL, DECLARATION, AND WAIVER About two months prior to its expiration, the department will remind an ICEC holder of the expiration date of their ICEC. To renew an ICEC, the ICEC holder shall submit the following: signed ICEC renewal application on the departmen…

24.35.121 APPLICATION AND RENEWAL FEE FOR INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE A nonrefundable fee of $125 must be submitted with each initial application, each application for reinstatement of a revoked ICEC, and each renewal application. ICECs are issued for a two-year …

24.35.131 SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE The department may revoke an ICEC when the department determines it is necessary to do so. The following are examples when the department may revoke an ICEC: the department is unable to locate the …

24.35.133 NOTICE OF SUSPENSION OR REVOCATION OF INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE When the department suspends or revokes an ICEC, the certificate holder's waiver of workers' compensation benefits is no longer effective upon departmental notice to the hiring agent(s). …

24.35.141 GUIDELINES FOR DETERMINING WHETHER AN INDEPENDENT CONTRACTOR EXEMPTION CERTIFICATE IS NEEDED (REPEALED) Authorizing statute(s): 39-71-203, 39-71-417, MCA Implementing statute(s): 39-71-417, MCA History: NEW, 1996 MAR p. 1303, Eff. 5/10/96; TRANS, 1996 MAR p. 1863, Eff. …

24.35.201 DEFINITIONS (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, MCA Implementing statute(s): 39-3-208, 39-3-209, 39-3-210, 39-51-201, 39-51-203, 39-71-120, 39-71-415, MCA History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MAR p. 2…

24.35.202 DECISIONS REGARDING EMPLOYMENT STATUS Subject to ARM 24.35.203, the department shall apply a two-part test to determine whether an individual is an independent contractor or an employee. The department shall evaluate: whether the individual is and shall continue to be f…

24.35.203 DETERMINATIONS WHERE EXEMPTION CERTIFICATE MANDATORY Except as provided in ARM 24.35.204, when a worker is required by 39-71-417, MCA, to have an independent contractor exemption certificate and does not, the worker is conclusively determined to be an employee for purpo…

24.35.204 MISREPRESENTATIONS REGARDING INDEPENDENT CONTRACTOR STATUS For purposes of the implementation of 39-51-203(4) and 39-71-419(1)(e), MCA, and requirements in certain instances not to determine status based "solely" on the lack of an ICEC, if one or more category of 39-71-…

24.35.205 BINDING NATURE OF ICCU DECISIONS REGARDING EMPLOYMENT STATUS Unless appealed following mediation per39-71-415, MCA,ICCU decisionsare binding on all partiesregarding employment status issues under the jurisdiction of the department andany other agency electing to be incl…

24.35.206 MEDIATION AND APPEAL OF EMPLOYMENT STATUS A party receiving an adverse ICCU decision mayrequestmediationwithin 15 days ofthe datethedecision was sent. The mediation requestis effective upon department receipt. Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51…

24.35.207 TRANSFER OF FILE (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302, 39-71-203, 39-71-417, MCA Implementing statute(s): 2-4-201, 39-3-216, 39-51-1109, 39-71-415, 39-71-417, 39-71-418, MCA History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 2003 MA…

24.35.210 HEARING ON EMPLOYMENT STATUS ISSUE (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302 and 39-71-203, MCA Implementing statute(s): 2-4-201, 2-4-611, 39-3-216, 39-51-1109 and 39-71-415, MCA History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; REP, 2003 MA…

24.35.212 APPEAL REFEREE'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION ON EMPLOYMENT STATUS (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302 and 39-71-203, MCA Implementing statute(s): 2-4-611, 2-4-623, 39-3-216, 39-51-1109 and 39-71-415, MCA Hist…

24.35.213 APPEAL OF FINDINGS, CONCLUSIONS AND DECISION ON EMPLOYMENT STATUS (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302 and 39-71-203, MCA Implementing statute(s): 2-4-611, 2-4-623, 39-3-216, 39-51-1109, 39-71-415, 39-71-504, 39-71-532 and 39-71-24…

24.35.301 DEFINITION OF INDEPENDENT CONTRACTOR (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, 39-51-301, 39-51-302 and 39-71-203, MCA Implementing statute(s): 39-3-201, 39-51-201, 39-51-204, 39-71-120 and 39-71-401, MCA History: NEW, 1996 MAR p. 1676, Eff. 7/1/96; AMD, 20…

24.35.302 INDEPENDENT CONTRACTOR -- GUIDELINES REGARDING EVIDENCE OF CONTROL An individual is an employee and not an independent contractor if the hiring agent controls or retains the right to control the way the individual renders services. The following factors serve as general…

24.35.303 INDEPENDENT CONTRACTOR--GUIDELINES REGARDING INDEPENDENTLY ESTABLISHED BUSINESS To be an independent contractor, an individual must be engaged in an independently established trade, occupation, profession, or business. The following factors serve as general guidelines w…

24.351.101 DEFINITIONS As used in this chapter, the following definitions apply: "Bureau" means theBuilding and CommercialMeasurements Bureau of the Montana Department of Labor and Industry. "NIST" means the national institute of standards and technology of the United States depa…

24.351.105 ADOPTION OF STATE WEIGHTS AND MEASURES STANDARDS AND RECOMMENDATIONS Subject to the provisions of Title 32, chapter 12, part 2, and Title 82, chapter 15, part 1, MCA, the bureau adopts and incorporates by reference the following publications for weights and measures in…

24.351.1101 VOLUNTARY REGISTRATION PROGRAM FOR SERVICEPERSONS AND SERVICE AGENCIES (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, MCA History: NEW, 2005 MAR p. 445, Eff. 4/1/05; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1104 INDIVIDUAL APPLICANTS FOR REGISTRATION (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, MCA History: NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1107 AGENCY APPLICANTS FOR REGISTRATION (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, MCA History: NEW, 2005 MAR p. 445, Eff. 4/1/05; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1111 PRIVILEGES AND OBLIGATIONS OF A CERTIFICATE HOLDER (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, MCA History: NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1115 RENEWAL OF CERTIFICATE OF REGISTRATION (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, MCA History: NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.1117 REGISTRATION BY RECIPROCITY The bureau may approve an individual registered serviceperson from any state if the bureau determines that the individual's state of registration's registered service agency's requirements are substantially similar to those used in this sta…

24.351.1121 VOLUNTARY REGISTRATION PROGRAM FOR SERVICEPERSONS AND SERVICE AGENCIES - FEES The bureau adopts and incorporates by reference the Uniform Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices in NIST Handbook 130, …

24.351.201 NIST HANDBOOK 44 - SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR WEIGHING AND MEASURING DEVICES (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, 30-12-205, 30-12-401, 30-12-406, 30-12-407, 30-12-408, 30-12-409, MC…

24.351.203 CERTIFICATION OF STATIONARY STANDARDS (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, MCA History: NEW, 2012 MAR p. 1786, Eff. 9/7/12; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.204 UNIFORM REGULATION FOR NATIONAL TYPE EVALUATION (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, MCA History: NEW, 1998 MAR p. 1498, Eff. 6/12/98; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff…

24.351.207 SPLIT WEIGHING ALLOWED (REPEALED) Authorizing statute(s): 30-12-107, MCA Implementing statute(s): 30-12-107, 37-12-306, 37-12-406, MCA History: NEW, 2013 MAR p. 1984, Eff. 11/1/13; REP, 2023 MAR p. 1871, Eff. 1/1/24.

24.351.211 FEES FOR TESTING AND CERTIFICATION The following fees shall apply to the testing of all devices subject to these rules: PA Meters (20 GPM or less) $10.00 PB Meters (20 GPM-130 GPM) $30.00 PC Meters (above 130 GPM) $30.00 PD Meters (Liquified Petroleum Gas) $50.00 SA/S1…

24.351.215 LICENSE FEE SCHEDULE FOR WEIGHING AND MEASURING DEVICES Measuring device license fees are as follows: eachvolume measuring devicewith a listed maximum delivery rate of 20 or less gallons per minute (gpm)$21 eachvolume measuring devicewith a maximum listed delivery rate…

24.351.221 WEIGHING DEVICE LICENSE TRANSFER (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-203, MCA History: NEW, 1991 MAR p. 1486, Eff. 8/16/91; AMD, 2000 MAR p. 2015, Eff. 7/28/00; TRANS, from Commerce, & AMD, 2005 MAR p. 445, Eff. 4/1/05; REP,…

24.351.224 ACCESSIBILITY TO STOCK SCALES All permanently installed stock scales must be provided with a landing or access to the scale, having a width at least equal to the width of the scale platform and a length of at least five feet from the scale platform enclosure. The landi…

24.351.227 SCALE PIT CLEARANCE No new installations or replacements of vehicle or livestock scales may be placed in a pit where the clearance from the floor of the pit to the bottom of the I-beams is less than 42 inches. Scale pits are not required for fully electronic scales, un…

24.351.301 NIST HANDBOOK 130 - UNIFORM LAWS AND REGULATIONS (REPEALED) Authorizing statute(s): 30-12-202, MCA Implementing statute(s): 30-12-202, MCA History: Eff. 12/31/72; AMD, 1979 MAR p. 1181, Eff. 10/12/79; AMD, 1995 MAR p. 2486, Eff. 11/23/95; AMD, 1998 MAR p. 1498, Eff. 6/…

24.351.311 RANDOM INSPECTION OF PACKAGES As required by the statutes, the following implements a schedule for the random inspection of packages and commodities kept, offered or exposed for sale at randomly selected inspection sites throughout Montana. The state is divided into in…

24.351.321 NIST HANDBOOK 133 - CHECKING THE NET CONTENTS OF PACKAGED GOODS (REPEALED) Authorizing statute(s): 30-12-202, 30-12-207, 30-12-301, 30-12-302, MCA Implementing statute(s): 30-12-202, 30-12-207, 30-12-301, 30-12-302, MCA History: NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, …