Sec.31-236-9. Suitable work—previous wage level

The Administrator shall consider an individual's previous wage level in determining the suitability of work offered. Previous wage level means wages, salary, or benefits most recently received by the individual prior to the establishment of a claim for benefits, except that in establishing a previous wage level, the Administrator may consider other than the most recent earnings where:

(1) the individual's most recent earnings were received for so short a period or under such unusual conditions that the individual cannot reasonably command such earnings regularly; or

(2) the individual's earnings prior to his most recent earnings are higher and indicate that, considering his experience and training, he can command such higher rates at the present time; or

(3) the individual can command higher wages based on education, training or accomplishment; or

(4) the individual cannot obtain employment at his most recent wage level as a result of his incapacity or inability to perform such work, or where the type of employment he most recently performed is no longer in existence.

(Effective June 24, 1986)