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TROUNG v. EMPLOYMENT DIVISION

85-AB-235-A; CAA35777.

711 P.2d 224 (1985)

77 Or.App. 188

Thanh v. TROUNG, Petitioner, v. Employment Division, Raymond Thorne, Asst. Dir., Respondent.

Court of Appeals of Oregon.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Helen D. Moorman, Salem, argued the cause and filed brief for petitioner.

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

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Petitioner was disqualified from receiving unemployment compensation benefits under Employment Division Rules OAR 471-30-036(2) and (3), because he was not medically able to work more than four hours a day. He seeks judicial review. He does not deny that the rules, if valid, require his disqualification. Rather, he argues that the rules exceed the scope of the Division's authority to promulgate. They do not. See Doctor v. Employment Division,

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