The Commission voted to deny Qwest's motion to dismiss and grant Complainants' motion to amend the complaint and add WCS and Western as respondents. Commissioner Jim Burg dissented. All persons testifying will be subject to cross-examination by the parties. The issue at the hearing is whether Qwest, WCS, or Western committed an unlawful or unreasonable act, rate, practice or omission and, if so, what relief would be 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 the hearing, the Commission shall determine whether Qwest, WCS, or Western committed an unlawful or unreasonable act, rate, practice, or omission and, if so, order any appropriate relief. 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.