BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.33.121 construction contractor registration fees, 24.33.131 evidence of compliance with laws, and the adoption of NEW RULES I through IV construction contractor registration requirements

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NOTICE OF AMENDMENT AND ADOPTION

 

TO:  All Concerned Persons

 

            1.  On February 23, 2012, the Department of Labor and Industry (department) published MAR notice no. 24-101-262 regarding the public hearing on the proposed amendment and adoption of the above-stated rules, at page 339 of the 2012 Montana Administrative Register, issue no. 4.

 

            2.  On March 16, 2012, a public hearing was held on the proposed amendment and adoption of the above-stated rules in Helena.  One comment was received by the March 23, 2012, deadline.

 

            3.  The department has thoroughly considered the comment received.  A summary of the comment received and the department's response is as follows:

 

COMMENT 1:  One comment was received on proposed New Rule IV(1)(d), regarding the certificate status of "NO EMPLOYEES, MAY HIRE EXEMPT WORKERS ONLY."  The commenter stated that this provision would re-categorize hired independent-exempt contractors as employees needing workers' compensation coverage and violate terms governing independent-exempt contractors.

 

RESPONSE 1:  The department notes that this comment appears to reflect the ongoing confusion over the provisions and requirements for independent contractor exemption certificates.  Because the comment does not relate to the proposed construction contractor registration rules, it is beyond the scope of this rule's notice.

 

            4.  The department has amended ARM 24.33.121 and 24.33.131 exactly as proposed.

 

            5.  The department has adopted NEW RULES I (24.33.101), II (24.33.111), III (24.33.141), and IV (24.33.151) exactly as proposed.

 

/s/ DARCEE L. MOE                                 /s/ KEITH KELLY

Darcee L. Moe                                           Keith Kelly, Commissioner

Alternate Rule Reviewer                            DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State April 30, 2012