Marion County v. Employment Division

In this unemployment compensation case, employer seeks review of an Employment Appeals Board (EAB) order affirming the referee’s decision that claimant’s job was not suitable and that, therefore, she had voluntarily left work with good cause. Employer contends that EAB erred in affirming the referee’s decision, because the decision was based on an invalid rule. We affirm.

The only issue raised is whether Employment Division exceeded its rulemaking authority in adopting OAR 471-30-037(1).

Under ORS 657.176(2), a claimant is disqualified from receiving unemployment benefits if she:

“(a) Has been…