U S WEST filed its answer on May 5, 1999. The Commission may rely upon any or all of these or other laws of this state in making its determination. The issue at the hearing is whether U S WEST committed an unlawful or unreasonable act, rate, practice or omission and whether U S WEST is liable for damages caused the complainant and, if so, in what amount. All persons testifying will be subject to cross-examination by the parties. The hearing is an adversary proceeding conducted pursuant to SDCL Chapter 1- 26.
All parties have the right to attend and represent themselves or be represented by an attorney.
However, such rights and other due process rights shall be forfeited if not exercised at the hearing. The Commission, after examining the evidence and hearing testimony presented by the parties, shall make Findings of Fact, Conclusions of Law, and a Final Decision. As a result of the hearing, the Commission may determine whether U S WEST committed an unlawful or unreasonable act, rate, practice, or omission and may determine damages, fines or other remedies for service quality as provided by law. The Final Decision may be appealed by the parties to the Circuit Court and the South Dakota Supreme Court as provided by law. Pursuant to the Americans with Disabilities Act, this hearing is being held in a physically accessible location.