Application For Predetermination Of Independent Contractor Status (Rebuttable Conclusive Presumption) {WCB-266}

IMPORTANT: PLEASE READ BEFORE COMPLETING APPLICATION NOTICE TO APPLICANT: Predetermination of independent contractor status is based upon the information provided in this application. Participation in the submission of a fraudulent or intentionally misleading form can result in fines of up to $1,000 for an individual and up to $10,000 for a corporation, partnership or other legal entity. The predetermination WILL NOT apply if you do not perform work consistent with the information provided in this application. Title 39-A M.R.S.A. §13-A establishes that: A person who performs services for remuneration is presumed to be an employee unless the employing unit proves that the person is free from the essential direction and control of the employing unit, both under the person's contract of service and in fact and the person meets specific criteria. In order for a person to be an independent contractor: A. The following criteria must be met: (1) The person has the essential right to control the means and progress of the work except as to final results; (2) The person is customarily engaged in an independently established trade, occupation, profession or business; (3) The person has the opportunity for profit and loss as a result of the services being performed for the other individual or entity; (4) The person hires and pays the person's assistants, if any, and, to the extent such assistants are employees, supervises the details of the assistants' work; and (5) The person makes the person's services available to some client or customer community even if the person's right to do so is voluntarily not exercised or is temporarily restricted; and B. At least 3 of the following criteria must be met: (1) The person has a substantive investment in the facilities, tools, instruments, materials and knowledge used by the person to complete the work; (2) The person is not required to work exclusively for the other individual or entity; (3) The person is responsible for satisfactory completion of the work and may be held contractually responsible for failure to complete the work; (4) The parties have a contract that defines the relationship and gives contractual rights in the event the contract is terminated by the other individual or entity prior to completion of the work; (5) Payment to the person is based on factors directly related to the work performed and not solely on the amount of time expended by the person; (6) The work is outside the usual course of business for which the service is performed; or (7) The person has been determined to be an independent contractor by the federal Internal Revenue Service. WCB-266 (eff. 08/01/2013) 1 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF MAINE WORKERS' COMPENSATION BOARD 27 STATE HOUSE STATION AUGUSTA, ME 04333-0027 Tel. 207-287-7071 / Fax 207-287-5413 APPLICATION FOR PREDETERMINATION OF INDEPENDENT CONTRACTOR STATUS TO ESTABLISH A REBUTTABLE PRESUMPTION NOTICE · · · · · · · The predetermination process is voluntary under the Maine Workers' Compensation Act. The Act DOES NOT require an individual to receive an approved predetermination before working as an independent contractor. If you file this application, it may be: Granted or denied (you will receive a letter to this effect); or, instead of denying it, the Board may return your application and request additional information. By submitting this Application you are not relinquishing your rights to be covered under the Maine Workers' Compensation Act--if you are injured you may still file a claim with the Board. Approved predeterminations are "portable" (may be submitted to any employing unit) and are valid for one year from the date of approval. The predetermination is only valid with respect to an employing unit if you work consistent with the answers on this application A predetermination from the Board is not binding on the Department of Labor. You must retain a copy of this application for your records. You may be required to produce this application along with the decision that you receive from the Board. Pursuant to 39-A M.R.S.A. § 105, ______________________________________(Applicant Name (and d/b/a if you use one)) hereby requests a predetermination by the Maine Workers' Compensation Board that the Applicant is an independent contractor. APPLICANT Name: _______________________________________________________________________________ Doing Business As (d/b/a) (if applicable): ___________________________________________________ Complete Mailing address: ______________________________________________________________ STREET/P.O. BOX APT. NO. ______________________________________________________________ CITY STATE ZIP CODE Telephone: ___________________________________________________________________________ E-mail address: ________________________________________________________________________ Type of work you do: ___________________________________________________________________ Note: Information provided on this form, not otherwise confidential, may be shared with other state and federal agencies. WCB-266 (eff. 08/01/2013) 2 American LegalNet, Inc. www.FormsWorkFlow.com SECTION I THIS APPLICATION IS NOT COMPLETE UNLESS YOU ANSWER ALL OF THE QUESTIONS IN THIS SECTION AND PROVIDE ALL REQUIRED INFORMATION. INCOMPLETE APPLICATIONS WILL BE RETURNED. (1) The person has the essential right to control the means and progress of the work except as to final results. (a) Do you have the right to decide how to perform your work? Yes No (b) Other than the completion date for the work, do you have the right to determine when you will perform your work? Yes No (2) The person is customarily engaged in an independently established trade, occupation, profession or business. (a) Please state your trade, occupation, profession or business. ___________________________________________________________________ (b) Please indicate how your business is organized: sole proprietor corporation limited liability company partnership professional corporation (c) How long have you been considered independent in your trade, occupation, profession or business? ____________________________________________________________________ (d) Have you worked for or searched for work from more than one source during the 12 months prior to the date of this application? Yes No (e) Did you file a corporate or partnership income tax return last year for the trade, occupation, profession or business listed in Question 2(a)? Yes