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BRACKEN v. DEPT. OF LABOR AND REGULATION

#30041.

991 N.W.2d 89 (2023)

2023 S.D. 22

Darcy BRACKEN, Petitioner and Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR AND REGULATION, REEMPLOYMENT ASSISTANCE DIVISION, Respondent and Appellee.

Supreme Court of South Dakota.

OPINION FILED May 10, 2023.

Attorney(s) appearing for the Case

ERIC C. SCHULTE of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for petitioner and appellant.

SETH A. LOPOUR , COURTNEY S. CHAPMAN of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, South Dakota, Attorneys for respondent and appellee.

[¶1.] Darcy Bracken appeals administrative and circuit court decisions ordering her to repay $14,080 in Pandemic Unemployment Assistance (PUA) benefits that she had received under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). We reverse.

Factual and Procedural Background

[¶2.] Bracken...

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