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TREBESCH v. EMPLOYMENT DIVISION

CA A28498; SC S30900; EAB 83-AB-586A.

710 P.2d 136 (1985)

300 Or. 264

Roland I. TREBESCH, Respondent On Review, v. EMPLOYMENT DIVISION, Raymond P. Thorne, Assistant Director, Dhr, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided November 26, 1985.

Reconsideration Denied January 28, 1986.

Attorney(s) appearing for the Case

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Michael D. Reynolds, Asst. Atty. Gen., and Judith Tegger, Asst. Atty. Gen., Salem.

Michael Marcus, Legal Aid Service, Portland, argued the cause for respondent on review. With him on the brief was Terri K. Borchers, Legal Aid Service, Portland.

ROBERTS, Judge.

The issue is whether the Assistant Director of the Employment Division was required to promulgate a rule defining the statutory phrase "systematic and sustained effort to obtain work" before it could deny claimant extended unemployment benefits for failing to fulfill the statutory requirement.

An individual is, by statute, ineligible for extended unemployment benefits if the individual failed "actively [to] engage in seeking work." ORS 657...

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