(d) Employee may also include a person who: (I) Makes or performs services for an employer; and (II) is otherwise classified, within the meaning of section 7(a)(1) of the Fair Labor Standards Act, as an employee under Section 7(a)(1) of the Fair Labor Standards Act. (e) Employee shall not include a person who: (I) Does not have or is not required to have a license; or (II) Is under contract with the carrier where only the carrier is required to maintain records related to the motor carrier's employee. For purposes of IC 8-2.1-19-6.4, “contracts” means a written agreement to make the employee available for the purposes of performing work for and performing duties in relation to the carrier; and “contractual relationships” means those relationships which are established pursuant to such a written agreement or any other contractual relationship. Notwithstanding any other law, the person referred to in paragraph (e)(II) of this subsection will be considered to be an employee of the carrier under IC 8-2.1-19-6.4. (f) General rate means the rate to which any carrier may be regulated by a regulatory authority; and “regulatory authority” means an agency of a state, country, or other jurisdiction charged with the responsibility of regulating or supervising a motor carrier. (g) Employer means any person who, in whole or in part, engages in the business of transporting passengers or property: (I) On horseback, in a motor vehicle, or as a common carrier of passengers for hire; or (II) For compensation or remuneration, including, but not limited to, any person employed to drive any motor vehicle, horse, or other property through the state, or to perform any other services, and operating for hire. (h) Highways means public streets or highways.
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ARTICLE 16. MOTOR CARRIERS NOTE 45 IAC 16 was transferred from 170 IAC 2. Wherever in any promulgated text there appears a reference to 170 IAC 2 substitute 45 IAC 16. NOTE IC 8-2. 1-18 was repealed by P. L*110-1995 SECTION 35 effective May 10 1995. Rule 1. Motor Carrier Department 45 IAC 16-1-1 Definitions Authority IC 8-2. 1-18-6 Affected IC 8-2. 1-18 Sec* 1. DEFINITIONS* When used in these Rules unless the context otherwise requires a Act shall mean the Motor Carrier Act of 1935 as...
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Note 45 IAC 16 refers to a specific regulation or rule within the Iowa Administrative Code.
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The specific entities or individuals required to file Note 45 IAC 16 may vary depending on the context or subject matter of the regulation.
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The purpose of Note 45 IAC 16 is typically to regulate a specific aspect of administrative procedures or standards within the state of Iowa.
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