1.Notwithstanding the provisions of section 52-07.1-04, an individual is ineligible for
payment of extended benefits for any week of unemployment in the individual's
eligibility period if the bureau finds that during such period:
a.The individual failed to accept any offer of "suitable work", as defined under
subsection 3, or failed to apply for any suitable work to which the individual was
referred by the bureau; or
b.The individual failed to actively engage in seeking work as prescribed under
subsection 5.
2.Any individual who has been found ineligible for extended benefits by reason of the
provisions in subsection 1 must also be denied benefits beginning with the first day of
the week following the week in which such failure occurred and until the individual has
been employed in eac
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1. Notwithstanding the provisions of section 52-07.1-04, an individual is ineligible for
payment of extended benefits for any week of unemployment in the individual's
eligibility period if the bureau finds that during such period:
a. The individual failed to accept any offer of "suitable work", as defined under
subsection 3, or failed to apply for any suitable work to which the individual was
referred by the bureau; or
b. The individual failed to actively engage in seeking work as prescribed under
subsection 5.
2. Any individual who has been found ineligible for extended benefits by reason of the
provisions in subsection 1 must also be denied benefits beginning with the first day of
the week following the week in which such failure occurred and until the individual has
been employed in each of four subsequent weeks, whether or not consecutive, and
has earned remuneration equal to not less than four times the extended weekly benefit
amount.
3. For purposes of this section, the term "suitable work" means, with respect to any
individual, any work which is within such individual's capabilities; provided, however,
that the gross average weekly remuneration payable for the work must exceed the
sum of:
a. The individual's extended weekly benefit amount as determined under section
52-07.1-06; plus
b. The amount, if any, of supplemental unemployment benefits, as defined in section
501(c)(17)(D) of the Internal Revenue Code of 1954 [26 U.S.C. 501], payable to
such individual for such week; and further,
c. Pays wages not less than the higher of:
(1) The minimum wage provided by section 6(a)(1) of the Fair Labor Standards
Act of 1938 [29 U.S.C. 206], without regard to any exemption; or
(2) The applicable state or local minimum wage; and
d. Provided, however, that no individual may be denied extended benefits for failure
to accept an offer of or apply for any job which meets the definition of suitability
as described above if:
(1) The position was not offered to such individual in writing and was not listed
with the bureau.
(2) Such failure could not result in a denial of benefits under the definition of
suitable work for regular benefit claimants in section 52-06-36 to the extent
that the criteria of suitability in that section are not inconsistent with the
provisions of this subsection.
(3) The individual furnishes satisfactory evidence to the bureau that the
individual's prospects for obtaining work in the individual's customary
occupation within a reasonably short period are good. If such evidence is
deemed satisfactory for this purpose, the determination of whether any work
is suitable with respect to such individual must be made in accordance with
the definition of suitable work for regular benefit claimants in section
52-06-36 without regard to the definition specified by this subsection.
4. Notwithstanding the provisions of section 52-07.1-04 to the contrary, no work may be
deemed to be suitable work for an individual which does not accord with the labor
standard provisions required by section 3304(a)(5) of the Internal Revenue Code of
1954 [26 U.S.C. 3304] and set forth under section 52-06-36.
5. For the purposes of subdivision b of subsection 1, an individual must be treated as
actively engaged in seeking work during any week if:
a. The individual has engaged in a systematic and sustained effort to obtain work
during such week; and
b. The individual furnishes tangible evidence that the individual has engaged in such
effort during such week.
6. The bureau shall refer any claimant entitled to extended benefits under this chapter to
any suitable work which meets the criteria prescribed in subsection 3.
7. An individual is not eligible to receive extended benefits with respect to any week of
unemployment in the individual's eligibility period if such individual has been
disqualified for regular benefits under this chapter because the individual voluntarily
left work, was discharged for misconduct, or failed to accept an offer of or apply for
suitable work, unless the disqualification imposed for such reasons has been
terminated in accordance with specific conditions established under this chapter
requiring the individual to perform service for remuneration subsequent to the date of
such disqualification.