The Commission voted to find probable cause. The hearing is open to the public. All persons testifying shall be subject to cross-examination. The issue at the hearing is whether U S WEST committed an unlawful or unreasonable act, rate, practice or omission in its provisioning of service to the Complainant, and, if so, what remedy is appropriate. The hearing shall be an adversary proceeding conducted pursuant to SDCL Chapter 1-26.
All parties have the right to be present and to be represented by an attorney.
These rights and other due process rights shall be forfeited if not exercised at the hearing. After the hearing the Commission will consider all evidence and testimony that was presented at the hearing. The Commission will then enter Findings of Fact, Conclusions of Law, and a Final Decision regarding this matter. As a result of this hearing, the Commission shall determine whether U S WEST committed an unlawful or unreasonable act, rate, practice or omission in its provisioning of service to the Complainant, and, if so, what remedy is appropriate. The Commission's Final Decision may be appealed by the parties to the state Circuit Court and the state Supreme Court as provided by law.