1. (1) In determining under ORS 657.156 whether an individual is likely to exhaust benefits and will need reemployment service assistance to make a successful transition to new employment the Employment Department may consider, but is not limited to, the following criteria:

   1. (a) The individual’s job tenure in his/her primary occupation and industry;
   2. (b) The individual’s education level;
   3. (c) The individual’s reemployment rights (recall status) with his/her regular employer;
   4. (d) Employment conditions in the individual’s primary occupation and industry;
   5. (e) The insured unemployment rate in the locality where the individual resides or seeks work.
2. (2) “Justifiable cause” under ORS 657.156 means such circumstances that a reasonable and prudent person exercising ordinary common sense would fail to participate in reemployment services. For an individual with a permanent or long-term “physical or mental impairment” (as defined at 29 CFR § 1630.2(h)) justifiable cause for failure to participate in reemployment services is such that a reasonable and prudent person with the characteristics and qualities of such individual, would fail to participate.

Statutory/Other Authority

ORS 657.610

Statutes/Other Implemented

ORS 657.156

History

ED 12-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 1-1997, f. 9-23-97, cert. ef. 9-29-97