reglab/housing_qa huggingface dataset:
SD Codified L § 49-7A-23 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-23 - Panel to forward complaint to respondent.

49-7A-23. Panel to forward complaint to respondent.Upon receipt of a complaint and the appointment of a panel, the panel shall forward to the respondent a statement of the complaint and a notice requiring the respondent to satisfy the complaint or answer it in writing within twenty days from the date of service of the notice or within such further time as may be specified by the board. Source: SL 2002, ch 211, §17.
SD Codified L § 49-7A-24 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-24 - Respondent to satisfy or answer complaint--Procedure.

49-7A-24. Respondent to satisfy or answer complaint--Procedure.The respondent shall, within the time fixed by the notice served upon it, satisfy the complaint or answer the complaint by filing the original and two copies of the answer in the office of the board and serving a copy on each complainant. Source: SL 2002, ch 211, §18.
SD Codified L § 49-7A-25 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-25 - Complaint, answer to be sole basis for probable cause determination.

49-7A-25. Complaint, answer to be sole basis for probable cause determination.A determination of probable cause shall be made by the panel solely on these submissions and no other evidence shall be considered. Source: SL 2002, ch 211, §19.
SD Codified L § 49-7A-26 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-26 - Factors considered in determining amount of penalty.

49-7A-26. Factors considered in determining amount of penalty.The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be:(1)The amount of damage, degree of threat to the public safety, and inconvenience caused;(2)The respondent's plans and procedures to insure future compliance with statute and rules;(3)Any history of previous violations;(4)Other matters as justice requires. Source: SL 2002, ch 211, §20.
SD Codified L § 49-7A-27 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-27 - Board to accept panel's recommendation--Exception when party requests hearing--Conduct of hearing.

49-7A-27. Board to accept panel's recommendation--Exception when party requests hearing--Conduct of hearing.The board shall accept the recommendations of the panel unless either party requests a hearing. A party requests a hearing by rejecting the panel's recommendation within twenty days from the date of service of the notice. However, the board may extend the time period for requesting a hearing. Failure to request a hearing is considered acceptance of the panel's recommendation. If a hearing is held, the hearing shall be conducted before the board as a contested case under chapter 1-26. Following the hearing, the board shall either render a decision dismissing the complaint for insufficient evidence or shall impose a penalty pursuant to the provisions of §49-7A-18 or 49-7A-19. Source: SL 2002, ch 211, §21; SL 2007, ch 264, §3.
SD Codified L § 49-7A-28 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-28 - Action to recover penalty.

49-7A-28. Action to recover penalty. If the amount of the penalty is not paid to the board, the board, shall bring an action in the name of the State of South Dakota to recover the penalty in accordance with §49-7A-33. No action may be commenced until after the time has expired for an appeal from the findings, conclusions, and order of the board. Source: SL 2002, ch 211, §22; SL 2018, ch 261, §2, eff. July 1, 2019.
SD Codified L § 49-7A-29 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-29 - Record and evidence in court action.

49-7A-29. Record and evidence in court action.In the trial of an action pursuant to §49-7A-28, the evidence introduced in the proceedings before the board shall constitute the record and evidence on the trial of the case in court. No additional evidence other than that introduced before the board may be introduced at the court trial. The report and order of the board shall be taken and held to be prima facie evidence of the facts stated therein. Source: SL 2002, ch 211, §23.
SD Codified L § 49-7A-30 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-30 - Board to maintain docket and index.

49-7A-30. Board to maintain docket and index.The board shall keep a docket in which shall be entered all matters coming before it for determination, with the date of the filing of each paper and the final action of the board in the matter. In connection with such docket, there shall be kept a carefully prepared index in which the names of the parties shall be cross-indexed under the names of both the plaintiff and defendant. Source: SL 2002, ch 211, §24.
SD Codified L § 49-7A-31 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-31 - Board to keep transcript of proceedings--Certification.

49-7A-31. Board to keep transcript of proceedings--Certification.In any action or proceeding based upon a complaint which comes before the board, the board shall keep a full, true, and verbatim record of all evidence introduced at any hearing or trial and prepare and file as a part of its record in the action or proceeding a true and correct transcript of the evidence, and attach all exhibits introduced at the trial. There shall be attached to the transcript a certificate from the recording secretary to the effect that it is a true and correct transcript of all testimony introduced at the trial. Source: SL 2002, ch 211, §25.
SD Codified L § 49-7A-32 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-32 - Removal of board member for conflict of interest.

49-7A-32. Removal of board member for conflict of interest.Either party may request the removal of a board member from any hearing based on a conflict of interest. Source: SL 2002, ch 211, §26.
SD Codified L § 49-7A-33 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-33 - Demand for penalty required before suit brought .

49-7A-33. Demand for penalty required before suit brought.A demand in writing on the party shall be made for the assessed penalty before suit is brought for recovery under §49-7A-28. No suit may be brought until the expiration of thirty days after the demand. Source: SL 2002, ch 211, §27.
SD Codified L § 49-7A-34 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-34 - Board action has presumption of validity.

49-7A-34. Board action has presumption of validity.Any action or proceeding or order of the Statewide One-Call Notification Board raises a presumption of validity. The burden is upon the party claiming the order to be invalid to plead and prove the facts establishing the invalidity. Source: SL 2002, ch 211, §28.
SD Codified L § 49-7A-35 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 07A - One-Call Notification System For Excavation Activities|Section 49-7A-35 - Annual report of board (Effective July 1, 2019).

49-7A-35. Annual report of board.On the first day of January of each year, the board shall make an annual report of its activities to the Governor and the Legislature containing the facts, statements, and explanations deemed necessary by the board to fully disclose its transactions and conduct. Source: SL 2018, ch 261, §3, eff. July 1, 2019.
SD Codified L § 49-11-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 11 - Charges By Carriers And Utilities Pending Rate Litigation|Section 49-11-5 - Bond required for order staying rate decrease--Conditions of bond--Repayment--Violation as misdemeanor.

49-11-5. Bond required for order staying rate decrease--Conditions of bond--Repayment--Violation as misdemeanor.No court or judge may grant a restraining order, temporary injunction, or mesne process staying, suspending, or enjoining, during the pendency of any litigation, the operation or enforcement of a law of this state or an order made by its Public Utilities Commission, or an order, resolution, or ordinance made by a board of county commissioners, or governing body of a municipal corporation of this state, fixing the rates or charges for the transportation of messages or for service to be rendered by a public utility or public service corporation, without first requiring, as a condition precedent, the execution and filing in the office of the clerk of such court of a bond conditioned for the repayment and refunding of all rates or charges exacted and received in excess of the rates or charges fixed by the law, order, resolution, or ordinance, the operation of which is stayed or enjoined pending the litigation, if the rate or charge fixed in such law, order, resolution, or ordinance is finally determined in the course of such litigation to be legal and valid.The violation of such judicial order, this section, or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor. Source: SDC 1939, §52.0402; SL 1979, ch 307, §73; SL 1983, ch 15, §103.
SD Codified L § 49-11-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 11 - Charges By Carriers And Utilities Pending Rate Litigation|Section 49-11-6 - Receipt for higher rate during period of stay--Condition precedent to grant of stay--Violation as misdemeanor.

49-11-6. Receipt for higher rate during period of stay--Condition precedent to grant of stay--Violation as misdemeanor.No court or judge may issue a restraining order, temporary injunction, or mesne process described in §49-11-5 except upon the condition, to be made a condition precedent, that during the pendency of such litigation the common carrier, public utility, or public service corporation upon whose application the restraining order, temporary injunction, or other mesne process was sought must deliver to every patron, firm, person, association or corporation from whom it will exact or receive a rate or charge in excess of the rate or charge fixed in such law or order, resolution, or ordinance, when demanded, a coupon or ticket showing the rate or charge exacted and paid, the total amount collected and what for, the rate or charge fixed in the law, order, resolution, or ordinance, and the amount which would have been collected if the operation of such law, order, resolution or ordinance had not been stayed, suspended, or enjoined, and the amount of money to be refunded if the rates or charges fixed in such law, order, resolution or ordinance are finally be held to be legal and valid.The violation of such judicial order, this section, or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent or employee of such companies is a Class 2 misdemeanor. Source: SDC 1939, §52.0402; SL 1983, ch 15, §104.
SD Codified L § 49-11-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 11 - Charges By Carriers And Utilities Pending Rate Litigation|Section 49-11-7 - Reports filed during period of stay--Contents--Failure as misdemeanor.

49-11-7. Reports filed during period of stay--Contents--Failure as misdemeanor.If a state law, Public Utilities Commission order, or county or municipal order, resolution, or ordinance fixing rates or charges for service to be rendered by a public utility or public service corporation, has been stayed, suspended, or enjoined, the common carrier, public utility, or public service corporation upon whose application the operation and enforcement was stayed, suspended or enjoined, shall file, during the pendency of such litigation and until its final determination, with the Public Utilities Commission, monthly reports showing any rate or charge exacted in violation of the provisions of such law, order, resolution, or ordinance, the total amount of money received, from whom and what for, the rate which should have been exacted under the terms of such law, order, resolution, or ordinance, the total amount of money which should have been received thereunder, and the amount of the refund to be made if the rates or charges fixed in such law, order, resolution, or ordinance are determined to be legal and valid.The violation of this section or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor. Source: SDC 1939, §52.0403; SL 1979, ch 307, §74; SL 1983, ch 15, §105.
SD Codified L § 49-11-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 11 - Charges By Carriers And Utilities Pending Rate Litigation|Section 49-11-8 - Duty of carrier to refund where decreased rate is affirmed--Violation as misdemeanor.

49-11-8. Duty of carrier to refund where decreased rate is affirmed--Violation as misdemeanor.If a state law, a county or municipal order, resolution, or ordinance, or a Public Utilities Commission order or rule, fixing the rates for any service rendered by a public utility or public service corporation, is enjoined pending litigation by any court for any cause, and it is finally determined in such litigation that the rate litigated was lawful and valid, the common carrier, public utility, or public service corporation shall refund immediately to the person entitled thereto any rate or charge exacted or collected in excess of the amount authorized by such law, order, resolution, or ordinance.A violation of this section or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor. Source: SDC 1939, §52.0401; SL 1979, ch 307, §75; SL 1983, ch 15, §106.
SD Codified L § 49-11-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 11 - Charges By Carriers And Utilities Pending Rate Litigation|Section 49-11-9 - Order requiring carrier to make refund--Filing sworn report of refund--Violation as misdemeanor.

49-11-9. Order requiring carrier to make refund--Filing sworn report of refund--Violation as misdemeanor.If, upon the final determination of litigation in which the operation of such law, order, resolution, or ordinance has been stayed, suspended, or enjoined, it is determined that the rates or charges fixed in such law, order, resolution, or ordinance are legal and valid, the Public Utilities Commission shall give notice to the common carrier, public utility, or public service corporation interested, hold a formal hearing and make and enter findings, conclusions and an order requiring the common carrier, public utility, or public service corporation immediately to make a refund persons from whom it has received charges in excess of the rates fixed in such law, order, resolution, or ordinance, and to file with the commission a sworn report, within the time fixed by the order of the commission, showing the amount of money refunded, to whom, and the date of refundment.A violation of this section or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor. Source: SDC 1939, §52.0404; SL 1983, ch 15, §107.
SD Codified L § 49-13-1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-1 - Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints.

49-13-1. Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints.Any person complaining of anything done or omitted by any telecommunications company or motor carrier subject to the provisions of this title in contravention of the provisions thereof, may apply to the commission for relief. No complaint may at any time be dismissed because of the absence of direct damage to the complainant or petitioner. The commission may make rules of practice prescribing the form and procedure for complaints in accordance with chapter 1-26. Source: SDC 1939, §52.0301; SL 1987, ch 345, §17.
SD Codified L § 49-13-1.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-1.1 - Complaint to commission or suit by private person--Election of remedies.

49-13-1.1. Complaint to commission or suit by private person--Election of remedies.Any person claiming to be damaged by any telecommunications company or motor carrier may either make complaint to the commission or may bring suit on his own behalf for the recovery of damages in any court of competent jurisdiction in this state, but no person may pursue both remedies at the same time. Source: SDC 1939, §52.0215; SDCL, §49-3-23; SL 1987, ch 345, §18.
SD Codified L § 49-13-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-3 - Compliance by telecommunications company or carrier as exoneration only for particular violation complained of.

49-13-3. Compliance by telecommunications company or carrier as exoneration only for particular violation complained of.If a telecommunications company or motor carrier complained of pursuant to §49-13-1 shall, within the time specified, make reparation for the injury alleged to have been done or shall correct the wrong complained of, such telecommunications company or motor carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. Source: SDC 1939, §52.0301; SL 1987, ch 345, §19.
SD Codified L § 49-13-4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-4 - Investigation of complaint--Inquiry without complaint.

49-13-4. Investigation of complaint--Inquiry without complaint.If any telecommunications company or motor carrier complained of pursuant to §49-13-1 does not satisfy the complaint within the time specified, or there appears to be any reasonable grounds for investigating the complaint, the commission shall investigate the matters complained of in the manner the commission considers proper. The commission may, at any time, institute an inquiry or investigation on its own initiative in any case, involving any matter over which the commission has jurisdiction concerning a complaint that is authorized to be made and filed with the commission by any provision of any law of this state, or concerning any question which may arise, or relate to the enforcement of any provision of any law of this state. Source: SDC 1939, §52.0301; SL 1987, ch 345, §20.
SD Codified L § 49-13-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-5 - Authority of commission on inquiry without complaint.

49-13-5. Authority of commission on inquiry without complaint.The commission may proceed with an inquiry instituted on its own motion as though it had been appealed to by complaint, including the power to make and enforce any order concerning any matter upon which the inquiry is made. Source: SDC 1939, §52.0301; SL 1987, ch 345, §21.
SD Codified L § 49-13-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-6 - Docket--Contents--Index.

49-13-6. Docket--Contents--Index.The commission shall keep a docket in which shall be entered all matters coming before it for determination, with the date of the filing of each paper and the final action of the commission in the matter. In connection with such docket there shall be kept a carefully prepared index in which the names of the parties shall be cross-indexed under the names of both the plaintiff and defendant. Source: SDC 1939, §52.0305; SL 1987, ch 345, §22.
SD Codified L § 49-13-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-7 - Record--Contents--Transcript of evidence.

49-13-7. Record--Contents--Transcript of evidence.In any action or proceeding based upon a complaint which comes before the commission, the commission shall keep a full, true, and verbatim record of all evidence introduced at any hearing or trial and prepare and file as a part of its record in the action or proceeding a true and correct transcript of the evidence, and attach all exhibits introduced at the trial. There shall be attached to the transcript a certificate from the recording secretary to the effect that it is a true and correct transcript of all testimony introduced at the trial. Provisions for transcripts in this section are not applicable to license application hearings under chapter 49-28. Source: SDC 1939, §52.0306; SL 1984, ch 306, §1; SL 1987, ch 345, §23.
SD Codified L § 49-13-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-9 - Hearing before any commissioner.

49-13-9. Hearing before any commissioner.Any trial, hearing or investigation based upon a complaint may be held before any commissioner. Source: SDC 1939, §52.0308; SL 1987, ch 345, §24.
SD Codified L § 49-13-9.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 13 - Procedure On Complaints To Public Utilities Commission|Section 49-13-9.1 - Corporations and business entities may appear without counsel in certain cases.

49-13-9.1. Corporations and business entities may appear without counsel in certain cases.In any complaint to the commission by any person claiming to be damaged by any telecommunications company or motor carrier in which damages in the amount of three thousand dollars, or less, are claimed, any corporation, cooperative corporation, limited liability company, or limited liability partnership may represent itself through a designated employee without any requirement of representation by legal counsel. Source: SL 2003, ch 236, §1.