Rule 24.29.721 - VALUE OF EMPLOYER-FURNISHED HOUSING(1) For the purposes of this rule, the following definitions apply: (a) "Agricultural employer" means an employer whose operations are assigned to an agricultural classification code for workers' compensation purposes. The term is intended to be consistent with the definition of agriculture provided by 15-1-101, MCA.(b) "Bedroom" means a room in a dwelling that is primarily used for sleeping.(c) "Dwelling" means a building equipped for human habitation.(d) "Zero bedrooms" means a dwelling that is an efficiency, dormitory, or a bunkhouse.(2) For the purposes of calculating wages pursuant to 39-71-123, MCA, the monthly fair rental value, in U.S. dollars, for housing is established for each county in Montana. The rental value is specified in the publications below, available on the department's website or on request: (a) "Montana Workers Compensation Housing, Rent or Lodging Monthly Rates" for the period from April 1, 2018, through [the day before the effective date of this rulemaking]; and(b) "Montana Workers Compensation Housing, Rent or Lodging Monthly Rates, 2024" beginning July 1, 2024.(3) In recognition of Montana's rural nature and expansive landscape, and the fact that housing supplied by an agricultural employer is likely to be remotely situated and distant from communities with an established rental housing market, housing furnished by an agricultural employer is discounted by 50 percent of the fair rental value for housing established in (2) of this rule, for the county in which the dwelling is located.(4) If an individual is not currently using the room for sleeping, it is not considered a bedroom for the purpose of this rule.Mont. Admin. r. 24.29.721
NEW, 2018 MAR p. 640, Eff. 4/1/2018; AMD, 2024 MAR p. 1066, Eff. 7/1/2024AUTH: 39-71-203, MCA; IMP: 39-71-123, MCA