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MARTIN v. EMPLOYMENT DIVISION

83-AB-933-B, CA A28373.

686 P.2d 1040 (1984)

69 Or.App. 954

Michael A. MARTIN, Petitioner, v. EMPLOYMENT DIVISION, Respondent.

Court of Appeals of Oregon.

Decided August 29, 1984.

Reconsideration Denied October 19, 1984.

Attorney(s) appearing for the Case

Thomas E. Martin, Jr., Salem, argued the cause for petitioner. On the brief were D. Michael Mills, and Mills & McMillin, Salem.

Martha L. Rice, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

PER CURIAM.

Respondent denied petitioner's claim for extended benefits for the reason that he had not made a "systematic and sustained effort to obtain work."1 On judicial review claimant contends that that was improper without the Division having adopted a rule defining the term. He cites Oliver v. Employment Division, 40 Or.App. 487,

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