§ 28-29-17.1. Notice of designation as independent contractor.
(a) A person will not be considered an “independent contractor” unless that person files a notice of designation with the director, consistent with rules and regulations established by the director, on a form or on a form capable of being filed electronically provided by the director annually, that the person is an “independent contractor”. A person shall be required to file the form annually for each hiring entity that retains their services, regardless of how many forms are filed. The filing of the notice of designation shall be a presumption of “independent contractor” status but shall not preclude a finding of independent contractor status by the court when the notice is not filed with the director. That designation shall continue in force and effect unless the person fails to submit an annual filing after receipt of a twenty-day (20) notice issued by the director for failure to file annual designation or withdraws that designation by filing a notice with the director, on a form provided by the director, that the person is no longer an “independent contractor”. Any designation or withdrawal of designation form shall be deemed public information and the director shall furnish copies or make available electronically the forms and designations, upon written request, to any employer or insurer or its authorized representative.
(b) The workers’ compensation court may, upon petition of an employee, the dependents of a deceased employee, or any other party in interest at any time, vacate any “notice of designation” if the “notice of designation” has been improperly procured.
(c) The provisions of subsections (a) and (b) shall only apply to injuries occurring on and after January 1, 2001.
(d) By April 1 of each year, the department of labor and training will send a list of all individuals who have filed a designation form to the Rhode Island division of taxation in the department of revenue.
History of Section.
P.L. 2000, ch. 491, § 9; P.L. 2023, ch. 242, § 1, effective January 1, 2024; P.L.
2023, ch. 243, § 1, effective January 1, 2024; P.L. 2024, ch. 197, § 1, effective
June 17, 2024; P.L. 2024, ch. 198, § 1, effective June 17, 2024.