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NEW MEXICO DEPT. OF WORKFORCE v. GARDUÑO

No. 32,026.

324 P.3d 377 (2014)

2014-NMCA-050

NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS, Petitioner-Appellant, and Albertsons, Employer, v. Nancy GARDUÑO, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, March 14, 2014, No. 34,546.

Attorney(s) appearing for the Case

New Mexico Department of Workforce Solutions, Marshall J. Ray , General Counsel, Elizabeth A. Garcia , Staff Attorney, Tami L. Keating, Staff Attorney, Albuquerque, NM, for Appellants.

New Mexico Legal Aid, Inc., Timothy R. Hasson , Santa Fe, NM, for Appellee.

OPINION

ZAMORA, Judge.

{1} The New Mexico Department of Workforce Solutions (DWS) appeals from a district court order reversing a decision of the DWS's Appeals Tribunal (the Tribunal). The Tribunal determined that claimant Nancy Garduño (Garduño) was required to repay an overpayment of unemployment compensation benefits in the amount of $11,256. The district court held: (1) the Tribunal's hearing, conducted six months after Gardu&...

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