2005 Idaho Code - 72-1353 — ADMINISTRATIVE DETERMINATIONS OF COVERAGE

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 13
                           EMPLOYMENT SECURITY LAW
    72-1353.  ADMINISTRATIVE DETERMINATIONS OF COVERAGE. (1) The director may,
upon his own motion or upon application of any employer, make findings of fact
and on the basis thereof determine whether such employer is a covered employer
and whether services performed for or in connection with the business of such
employer constitutes covered employment. The determination shall become final
unless, within fourteen (14) days after notice, an appeal is filed with the
department setting forth the grounds for such appeal. A notice shall be deemed
served if delivered to the person being served or if mailed to his last known
address; service by mail shall be deemed complete on the date of mailing.
Proceedings on appeal shall be had in accordance with the provisions of
section 72-1361, Idaho Code.
    (2)  In making any determination with respect to whether the services
performed by a worker are performed in covered employment, the director may,
on the basis of the available evidence, determine that other workers
performing similar services for the employer are similarly situated with
respect to the coverage of said services under the provision of this chapter,
and that such services constitute covered employment.
    (3)  In any proceeding to determine whether an employer is a covered
employer or whether services are performed in covered employment, it shall be
the burden of the employer to prove that the employer is not a covered
employer, that services were not performed in covered employment, or that
workers are not similarly situated with respect to the coverage of their
services.