An administrative law judge’s misinterpretation of the U.S. Secretary of Labor’s “self-employment rule” provision of the Coronavirus Aid, Relief and Economic Securities Act caused the South Dakota Supreme Court to reverse an order directing a bed-and-breakfast owner to repay nearly $15,000 in pandemic unemployment assistance.

The five-judge panel unanimously reversed the state’s Department of Labor and Regulation’s decision last week ordering Darcy Bracken to repay $14,080 in PUA received under the CARES Act as owner of the White Tail Ridge Bed and Breakfast in Custer County.

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