(1) The department shall use the following criteria to determine whether a claimant is able, available, and actively seeking full-time or part-time work:

(a) when the majority of claimant's work weeks in the base period of the claim were full-time work, claimant must be able, available, and actively seeking suitable full-time work to be eligible for benefits, pursuant to 39-51-2104, MCA; or

(b) when the majority of claimant's work weeks in the base period of the claim were part-time work, the department may authorize claimant to be eligible for benefits, pursuant to 39-51-2115, MCA. To remain eligible, claimant must be able, available, and actively seeking suitable part-time work for at least the number of hours per week authorized by the department.

(2) The department shall determine a claimant to be able to work when the claimant is reasonably fitted by experience, education, or training to perform a substantial amount of suitable work in the claimant's labor market area. For the purposes of this rule, a "substantial amount" of suitable work means full-time work, except when the department authorizes a claimant to part-time work in the following circumstances:

(a) the department authorized claimant for part-time work pursuant to 39-51-2115, MCA;

(b) claimant has a physical or mental disability and claimant has submitted to the department an individualized determination of appropriate, less than full-time work hours, as certified and signed by a health care provider. A claimant with a certified disability may seek a reasonable modification to this rule; or

(c) the department determines that the only suitable work for the claimant in the claimant's labor market area is part-time work.

(3) The department shall determine a claimant to be available for work when the claimant is willing and able to accept an offer of suitable work for a minimum of three days in a benefit week if those days are normal days of work in the claimant's customary occupation.

(4) The department shall determine a claimant to be actively seeking work when the claimant is:

(a) making a reasonable independent search for suitable work in a manner appropriate for conditions in the claimant's labor market area;

(b) "union attached," meaning that the claimant is a member in good standing and on the out-of-work list of a labor union that operates an exclusive hiring hall; or

(c) "job attached," meaning that the claimant is able and available for full-time work and:

(i) claimant is not employed but has a definite or approximate date of hire or recall to insured work at 30 or more hours per week; or

(ii) claimant is employed in insured work on a less than full-time basis, but has a reasonable expectation that the work will become full-time.

(5) The department shall determine a claimant to be ineligible for benefits when, without good cause, the claimant:

(a) fails to participate in a job interview required by the department;

(b) fails to provide information requested by the department for the proper administration of the claim within eight days of the date of a mailed, faxed, or telephoned request; or

(c) withdraws temporarily or permanently from the labor market. Withdrawal from the labor market includes but is not limited to:

(i) a self-imposed limitation, such as an unrealistic wage or hour restriction or refusal to travel, that curtails claimant's ability to seek or accept suitable work;

(ii) a temporarily disabling health condition that prevents claimant from being able to perform suitable work;

(iii) an employer-approved leave of absence, per ARM 24.11.476; or

(iv) claimant's residence in or travel to a foreign country, which is defined as any country other than the United States of America, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Canada; or

(v) failure by claimant to actively seek or accept suitable work due to family care-giving obligations, vacation, incarceration, lack of transportation, or any other reason.

(6) The department may allow benefits to be paid to a claimant who resides in or travels to a foreign country that has executed a reciprocal agreement with the United States government regarding unemployment insurance.