Trebesch v. Employment Division

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 657.325(6)(b). An individual, by statute, will be treated as “actively engaged in seeking work” if “[t]he individual has engaged in a systematic and sustained…