HARRY HUGHES, Governor                                    1501

and has the right to establish his own working hours and places;
and the agreement expressly states that the driver is aware he
must be responsible for payment of federal self-employment taxes,
and understands he is not within covered employment as defined by
this article.

(vi) An individual, partnership, corporation,
or other entity that is engaged in the messenger service delivery
business is not required to comply with subparagraphs (i), (ii)
and (iii) of this paragraph if it is shown to the satisfaction of
the [Executive Director] SECRETARY that:

1.  The messenger service business drivers
provide their own vehicles;

2.  The driver is paid on a commission
basis only;

3.  The driver has the right to establish
the driver's own working hours; and

4.  The written agreement between the
driver and the entity that is engaged in the messenger service
delivery business expressly and prominently provides that the
driver is aware:

A.  That the driver is responsible for
payment of estimated social security taxes and State and federal
income taxes;

B.  That the social security tax payable
by the driver is higher than the social security tax the driver
would otherwise pay; and

C.  That the work is not covered
employment under this article,

(VII) A PERSON WHO PERFORMS SERVICES AS A
DIRECT SELLER DOES NOT HAVE TO SHOW COMPLIANCE WITH SUBPARAGRAPHS
(I), (II), AND (III) OF THIS PARAGRAPH IF IT IS SHOWN TO THE
SATISFACTION OF THE SECRETARY THAT:

1. A. SUCH PERSON IS ENGAGED IN THE TRADE
OR BUSINESS OF SELLING OR SOLICITING THE SALE OF CONSUMER
PRODUCTS TO ANY BUYER ON A BUY-SELL BASIS, A DEPOSIT-COMMISSION
BASIS, OR ANY SIMILAR BASIS FOR RESALE (BY THE BUYER OR ANY OTHER
PERSON) IN THE HOME OR OTHERWISE THAN IN A PERMANENT RETAIL
ESTABLISHMENT; OR

B. THE PERSON IS ENGAGED IN THE TRADE OR
BUSINESS OF SELLING OR SOLICITING THE SALE OF CONSUMER PRODUCTS
IN THE HOME OR OTHERWISE THAN IN A PERMANENT RETAIL
ESTABLISHMENT.