Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 51. UNEMPLOYMENT INSURANCE · Part 24. Claims for Benefits
Montana Code Annotated

Mont. Code Ann. § 39-51-2402 (2026)

Determination -- Redetermination

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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 51
  4. Part 24
  5. 39-51-2402 Determination -- redetermination

TITLE 39. LABOR

CHAPTER 51. UNEMPLOYMENT INSURANCE

Part 24. Claims for Benefits

Determination -- Redetermination

39-51-2402. Determination -- redetermination. (1) The department shall promptly examine a claim for benefits, and on the basis of the department's findings of fact, the department shall determine whether or not the claim is valid. If the claim is valid, the department shall determine the week the benefits commence, the weekly benefit amount payable, and the maximum benefit amount. The department may refer the claim or any question involved in the claim to an appeals referee who shall make the decision on the claim in accordance with the procedure prescribed in 39-51-2403. The department shall promptly notify the claimant and any other interested party of its determination and the reasons for reaching the determination.

(2) The department may for good cause reconsider its determination and shall promptly notify the claimant and other interested parties of the redetermination and the reasons for the redetermination.

(3) A determination or redetermination is final unless an interested party applies for reconsideration of the determination or appeals within 10 days after the determination or redetermination was sent to the interested party's address of record. The 10-day period may be extended for good cause.

(4) Except as provided in subsection (5), a redetermination of any issue of an original determination may not be made after 2 years from the date of the original determination of that issue.

(5) A redetermination of any issue of an original determination may be made within 3 years from the date of the original determination of that issue if the original determination was based on a false claim, misrepresentation, or failure to disclose a material fact by the claimant or the employer.

History: En. Sec. 6 (a) to (e), Ch. 137, L. 1937; amd. Sec. 2, Ch. 171, L. 1957; amd. Sec. 1, Ch. 262, L. 1973; amd. Sec. 3, Ch. 368, L. 1975; amd. Sec. 1, Ch. 20, L. 1977; R.C.M. 1947, 87-107(b), (c); amd. Sec. 1, Ch. 349, L. 1981; amd. Sec. 4, Ch. 153, L. 1987; amd. Sec. 18, Ch. 234, L. 1987; amd. Sec. 10, Ch. 618, L. 1989; amd. Sec. 28, Ch. 491, L. 1997; amd. Sec. 10, Ch. 597, L. 2003; amd. Sec. 9, Ch. 67, L. 2005; amd. Sec. 14, Ch. 466, L. 2005; amd. Sec. 14, Ch. 88, L. 2009; amd. Sec. 9, Ch. 132, L. 2015.

Notes of Decisions
Cited in 5 cases, 1982–2011 · leading case: City of Billings v. State Bd. of Labor Appeals, 663 P.2d 1167 (Mont. 1983).
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City of Billings v. State Bd. of Labor Appeals, 663 P.2d 1167 (Mont. 1983). · cites it 12× “Section 39-51-2402, MCA. An adverse decision by the deputy may be appealed to an appeals referee.”
Barnicoat v. Comm'r of Dep't of Labor & Indus., 653 P.2d 498 (Mont. 1982). · cites it 4× “Sections 39-51-2402, -2403 and -2404, MCA, describe the appeal process which is provided for claims and redetermination of claims.”
Steele v. McGregor, 1998 MT 85, 956 P.2d 1364. · cites it 2× “See §§ 2-4-611, 2-4-614(1)(f), and 2-4-623, MCA; see also §§ 39-51-2402 and 39-51-2403, MCA. Furthermore, the DOL's hearing examiners or appeals referees must be impartial, salaried employees.”
Dick Irvin, Inc. v. Montana Dep't of Labor, 673 P.2d 1271 (Mont. 1983). · cites it 10× “, had filed an objection to payment of the benefits, Greenwood's claim was assigned to a heaxing examiner of the Department of Labor for determination pursuant to section 39-51-2402, MCA. That examiner, P.”
Johnson v. W. Transp., LLC, 2011 MT 13, 247 P.3d 1094. · cites it 3× “” Section 39-51-2402(3), MCA. ¶28 UID’s redetermination became final on September 22, 2009.”
Mont. Code Ann. § 39-51-2402(3): 1 case
Johnson v. W. Transp., LLC, 2011 MT 13, 247 P.3d 1094. “” Section 39-51-2402(3), MCA. ¶28 UID’s redetermination became final on September 22, 2009.”
Mont. Code Ann. § 39-51-2402(4): 2 cases
City of Billings v. State Bd. of Labor Appeals, 663 P.2d 1167 (Mont. 1983). “Section 39-51-2402, MCA. An adverse decision by the deputy may be appealed to an appeals referee.”
Barnicoat v. Comm'r of Dep't of Labor & Indus., 653 P.2d 498 (Mont. 1982). “Sections 39-51-2402, -2403 and -2404, MCA, describe the appeal process which is provided for claims and redetermination of claims.”
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