(1) Any person employed as an independent contractor shall be ineligible for membership in the teachers' retirement system. Certification from the Montana department of labor and industry as an independent contractor shall be accepted as prima facie evidence of independent contractor status by the teachers' retirement board.

(2) In absence of certification by the department of labor and industry, it must be shown that the worker is both free from direction and control of the party utilizing their services and have an independently established business. The burden of proof before the teachers' retirement board is on the employer.

(3) If a person's status as an independent contractor is in question they must become a member of the teachers' retirement system as provided under 19-20-302 , MCA.