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24.33.131    EVIDENCE OF COMPLIANCE WITH LAWS

(1) Compliance with workers' compensation laws must be demonstrated by:

(a) verification by the department by use of the National Council on Compensation Insurance (NCCI) national workers' compensation database that the entity applying for construction contractor registration has current workers' compensation coverage; or

(b) a declarations page from the workers' compensation policy, provided all of the following conditions are met:

(i) the insurer is a company authorized to write workers' compensation coverage in Montana;

(ii) the name of the insured as shown on the declaration page is the name of the applicant entity;

(iii) the federal employer identification number as shown on the declaration page is consistent with the federal employer identification number of the applicant entity;

(iv) Montana is listed in section 3A on the insurance policy's declarations page as the state under which laws the policy affords coverage;

(v) a policy number appears on the declaration page; and

(vi) the declaration page is signed by an authorized agent of the insurer;

(c) a certificate of insurance issued by the contractor's workers' compensation insurer (or self-insured group) stating that the contractor's employees are covered for liability under the Montana Workers' Compensation Act and Occupational Disease Act, provided the following conditions are met:

(i) the insurer is a company authorized to write workers' compensation coverage in Montana;

(ii) the name of the insured as shown on the certificate of insurance is the name of the applicant entity;

(iii) the insurer's agent is licensed to do business in Montana;

(iv) there is an original signature on the certificate of insurance of an agent or other person that is authorized to bind the insurer;

(v) the certificate of insurance specifies that the workers' compensation coverage is under the laws of Montana to the same named insured employer that is applying for construction contractor registration; and

(vi) the certificate of insurance must be validated within 20 days by the submission of a declaration page or policy from the registering entity; or

(d) a written statement, made under oath, declaring the basis for each and every exemption to the coverage requirements of the Workers' Compensation Act that the applicant contends applies. If the applicant claims the independent contractor exemption, a copy of the applicant's exemption or an application for exemption must be attached to the registration application form.

(i) A current exemption certificate must be valid for at least six months from the date of the construction contractor application.

 

History: 39-9-103, MCA; IMP, 39-9-201, MCA; NEW, 1995 MAR p. 2146, Eff. 10/13/95; AMD, 1998 MAR p. 2877, Eff. 11/1/98; AMD, 2012 MAR p. 994, Eff. 5/11/12; AMD, 2018 MAR p. 720, Eff. 4/14/18.

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