Montana Administrative Code

24.40.603 LEAVING WORK Following a claimant's notice of intent to leave work, the department shall determine the reason for the separation in the following manner. If a claimant's notice of intent to leave work is valid, the department shall consider the claimant to have left emp…

24.40.605 DISCHARGE BY EMPLOYER Following an employer's notice of intent to discharge a claimant, the department shall determine the reason for the separation in the following manner: when an employer's notice of discharge is valid, the department shall consider the claimant to h…

24.40.609 CONSTRUCTIVE QUIT – LEAVING WORK A claimant is considered to have constructively quit employment: when an employer discharges a claimant for an act or omission that made it impracticable for the employer to utilize the claimant's services and the claimant knew or should…

24.40.611 LAYOFF OF TEMPORARY EMPLOYMENT – VOLUNTARY LAYOFF When a claimant and an employer agree to temporary employment, the department shall consider the claimant to have been laid off due to lack of work when: the claimant completes the assigned work; a previously agreed upon…

24.40.615 LEAVING WORK WITH OR WITHOUT GOOD CAUSE ATTRIBUTABLE TO THE EMPLOYMENT The department shall determine a claimant left work with good cause attributable to employment when: the claimant had compelling reasons arising from the work environment that caused the claimant to …

24.40.617 DISCHARGE FOR MISCONDUCT The employer has the burden of proving that an employee was discharged for misconduct, as defined in 39-51-201 and 39-51-2303, MCA. A determination of misconduct must be supported by substantial evidence in the record. Substantial evidence is ad…

24.40.619 OFF-DUTY CONDUCT AS MISCONDUCT "Off-duty" conduct may constitute misconduct if it meets the criteria in 39-51-201, MCA, and the employer shows by a preponderance of the evidence that such conduct: significantly and adversely affects the claimant's ability and capacity t…

24.40.623 EFFECTIVE DATE OF SEPARATION FROM EMPLOYMENT Except as provided in (2), an eligibility determination for a claimant leaving employment or a claimant's discharge is effective on the Sunday of the week of the last date of employment. If the separating action occurs after …

24.40.801 CLAIMS FOR BENEFITS A claimant must file an initial claim by using the online portal, or by calling the department to request filing assistance. The claimant shall provide all information requested by the department for proper claim administration. The information requi…

24.40.803 EFFECTIVE DATE, BACKDATING, AND CANCELLATION OF CLAIM A claim is effective on the Sunday of the week in which the claim is filed and remains in effect until: the end of the benefit year; or the claim is cancelled. A claimant may request cancellation of a claim within te…

24.40.805 CLAIMANT AGENT DESIGNATION A claimant may designate another person to serve as the claimant's agent and handle the claim on the claimant's behalf. To designate an agent, a claimant must complete an agent designation form either through the online portal or by contacting…

24.40.809 INITIAL MONETARY DETERMINATION After filing an initial claim, a claimant will receive an initial monetary determination stating whether the claimant has sufficient wages to qualify for benefits. The initial monetary determination informs the claimant of the department's…

24.40.811 BASE PERIOD WAGE CALCULATION A claimant's base period wages are the wages earned from a base period employer prior to the claimant's period of unemployment. A claimant's base period wages are used to calculate the claimant's benefit amount. For the purposes of this rule…

24.40.813 WEEKLY PAYMENT REQUESTS In order to receive benefit payments, a claimant must file weekly payment requests using the online portal. If the claimant is unable to file online, the claimant may contact the department to request and file weekly payment requests by mail. Wee…

24.40.819 REEMPLOYMENT SERVICES – NOTICE – APPOINTMENTS The department may identify individual claimants for participation in reemployment services programs. Claimants identified by the department must participate in an appointment with a designated employment services provider t…

24.40.821 WORK REGISTRATION AND EXCEPTIONS Registration exceptions may be granted to individuals or groups if the department finds the exception to be consistent with the purpose of the unemployment insurance program. Registration exceptions cannot be granted if prohibited by sta…

24.40.823 WORK SEARCH CONTACTS A valid work search contact requires a claimant to directly contact an insured employer, or an authorized agent of an insured employer, and complete a job application or submit a resume that enables the insured employer to contact the claimant to ar…

24.40.831 DETERMINATIONS OF BENEFIT ELIGIBILITY AND QUALIFICATION In addition to the determination issued under ARM 24.40.809, the department shall adjudicate each issue affecting a claimant's eligibility and qualification for benefits. Issues subject to adjudication include init…

24.40.833 REDETERMINATION An interested party may request redetermination of a department determination by submitting a request for redetermination to the department. The request for redetermination must include additional information the party wishes the department to consider. …

24.40.835 DEPARTMENT REDETERMINATION OF BENEFIT REQUALIFICATION OR RESTORED ELIGIBILITY – TIME LIMIT The department may, in its sole discretion, make a redetermination of a claimant's disqualification for benefits under 39-51-2302, 39-51-2303, or 39-51-2304, MCA, or ineligibility…

24.40.841 INACTIVE CLAIMS--REACTIVATING A CLAIM A claim for benefits becomes inactive if a claimant does not request benefit payments for four consecutive weeks. If a claim remains inactive after the end of the claim's benefit year, the claimant must file a new claim for benefits…

24.40.901 CLAIMANT'S FAILURE TO UPDATE MAILING ADDRESS The department may determine a claimant to be ineligible for benefits when a claimant fails to provide the department with an updated mailing address within three days of a change to the claimant's mailing address. The depart…

24.40.903 APPROVAL OF TRAINING BY THE DEPARTMENT The department shall consider the curriculum, facilities, staff, and other essentials necessary to insure that a training program has the capacity to achieve the training program's objectives, including appropriate standards and pr…

24.40.907 FOREIGN TRAVEL The department may deny benefits if the claimant is residing in or is traveling to or in a foreign country. The department may allow benefits to be paid to a claimant who resides in or travels to a country that has executed a reciprocal agreement with the…

24.40.909 SELF-EMPLOYMENT The department may determine a claimant who is engaged in self-employment to be eligible for benefits when the claimant is able, available for, and actively seeking suitable insured employment and is willing to accept an offer of or a referral to suitabl…

24.40.911 LIE DETECTOR TESTS-DRUG AND ALCOHOL TESTING A claimant will not be disqualified for benefits under this chapter solely for the reason that the claimant is denied employment or continuation of employment for refusing to submit to a polygraph test or any form of a mechani…

24.40.915 SERVICES IN EDUCATIONAL INSTITUTIONS Individuals who perform services for an academic institution in an instructional, research, or principal administrative capacity include the following: Individuals in an instructional capacity include teachers in formal classrooms an…

24.40.917 DISQUALIFICATION DUE TO STRIKE For the purposes of 39-51-2305, MCA, and of this rule, the following definitions and interpretations apply: "Grade or class of workers" means: workers who are members of a particular bargaining unit; or workers whose jobs are similar or in…

24.40.919 DOMESTIC VIOLENCE INELIGIBILITY -- REQUALIFICATION A claimant held ineligible for benefits under 39-51-2111, MCA, may requalify for benefits by immediately leaving the abusive situation. The department may accept information from the claimant or other agencies, such as …

24.40.921 PENSION BENEFIT REDUCTION The department shall presume a claimant made no monetary contribution to claimant's pension plan. A claimant may overcome this presumption by providing written proof to the department demonstrating that the claimant made an actual monetary cont…

24.40.925 WORK NO LONGER SUITABLE Suitable work for an individual may become unsuitable due to circumstances beyond the individual's or employer's control. When adjudicating a work refusal or separation from work, the department shall consider previously suitable work as not suit…

24.40.927 SUITABLE WORK FOR EXTENDED BENEFITS If the department determines that a claimant who has exhausted regular benefits has a reasonable chance of securing employment during the four weeks after regular benefits are exhausted, "suitable work" is defined by the requirements …

24.5.101 ORGANIZATIONAL RULE (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, Eff. 7/1/75; ARM Pub. 6/30/79; AMD, Eff. 9/30/87; TRANS, from Admin., 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AM…

24.5.301 PETITION FOR TRIAL (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, 39-71-2905, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.301, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff…

24.5.302 RESPONSE TO PETITION (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff.…

24.5.303 SERVICE AND FILING (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA Implementing statute(s): 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.303, 1989 MAR p…

24.5.304 ALTERNATIVE PLEADING (REPEALED) Authorizing statute(s): Sec. 2-4-201, MCA Implementing statute(s): Sec. 2-4-201, 39-71-2901, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.204; TRANS, from Admin. , 1989 MAR p. 2177, Eff. 12/22/89; REP, 1994 MAR…

24.5.305 NATURE OF RULES (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 1990 MAR p. 847, Eff. 5/1/90; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

24.5.306 BREVITY IN PLEADINGS AND FORM OF PAPER PRESENTED FOR FILING (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, 39-71-2901, MCA Implementing statute(s): 2-4-201, 39-71-2901, 39-71-2905, 39-71-2914, MCA History: NEW, 1994 MAR p. 27, Eff. 1/14/94; AMD, 2014 MAR p. 2829,…

24.5.307 THIRD-PARTY PRACTICE (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1/18/02; AMD, 2014 MA…

24.5.307A JOINDER AND SERVICE OF ALLEGED UNINSURED EMPLOYERS (REPEALED) Authorizing statute(s): 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1…

24.5.308 JOINING THIRD PARTIES (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, 39-71-2401, 39-71-2901, 39-71-2903, 39-71-2905, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.308, 1989 MAR p. 2177, E…

24.5.309 INTERVENTION (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.309, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 199…

24.5.310 TIME AND PLACE OF TRIAL GENERALLY (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; AMD, 1987 MAR p. 1618, Eff. 9/25/87; TRANS, from ARM 2.52.310, 1989 MAR p. 2177, …

24.5.311 EMERGENCY TRIALS (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.311, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD,…

24.5.312 SETTING TIME AND PLACE OF TRIAL BY STIPULATION OR IN BEST INTERESTS OF THE COURT (REPEALED) Authorizing statute(s): Sec. 2-4-201, MCA Implementing statute(s): Sec. 2-4-201, 39-71-2901, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.210; TRANS, …

24.5.313 RECUSAL (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 1998 MAR p. 1281, Eff. 5/15/98; REP, 2014 MAR p. 2829, Eff. 3/1/15.

24.5.314 ADJUDICATION OF INTERIM BENEFIT CLAIMS UNDER 39-71-610, MCA (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, 39-71-610, 39-71-2901, 39-71-2903, 39-71-2905, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2014…

24.5.315 PRETRIAL IDENTIFICATION OF WITNESSES AND EXHIBITS (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 2018 MAR p. 305, Eff. 3/15/18; REP, 2026 MAR, Notice No. 2025-473, Eff. 1/10/26.

24.5.316 MOTIONS (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, 39-71-2901, MCA History: NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.316, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR…