reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-14 - Right-of-way across school and public lands--Extra width--Governor's approval.

49-7-14. Right-of-way across school and public lands--Extra width--Governor's approval.
A pipeline company planning to construct a pipeline in this state may locate and construct the pipeline across any of the school and public lands of this state, and may, for that purpose, hold, occupy, and enjoy a right-of-way therefore, as provided in §49-7-13 as well as such extra width as may be necessary for cuts, embankments, and other works of the pipeline, subject to the approval of the Governor.
Source:
SL 1980, ch 321, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-15 - Plat of pipeline route--Certification, acknowledgment and filing--Compensation for damages.

49-7-15. Plat of pipeline route--Certification, acknowledgment and filing--Compensation for damages.
Each pipeline company planning to construct a pipeline in this state, that has surveyed its pipeline route, shall cause a plat of such route, clearly indicating the center line of the right of way and area thereof in acres and fractions, to be certified by its chief engineer or president, and acknowledged, and filed with the commissioner of school and public lands, and a duplicate with the register of deeds of each county in which the land is situated. There shall also be filed with the commissioner evidence in writing of contact with any leases of school and public lands showing that any damages accruing to an occupant or holder of any improvements upon said public lands has been or will be paid for the same as is provided for owners of private lands and that any damages or disruption of cultivation or grazing shall be compensated.
Source:
SL 1980, ch 321, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-16 - Certificate issued by commissioner.

49-7-16. Certificate issued by commissioner.
The commissioner of school and public lands shall, upon the filing in his office by any pipeline company of a map of its pipeline across any of the school or public lands, issue to the pipeline company a certificate stating that such lands have been reserved for its use. The certificate shall operate as authority to the pipeline company to take, hold, and use such lands for the purposes of its pipelines.
Source:
SL 1980, ch 321, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-17 - Time allowed for pipeline construction--Forfeiture of rights by nonconstruction.

49-7-17. Time allowed for pipeline construction--Forfeiture of rights by nonconstruction.
The filing with the commissioner of school and public lands of the map required by §49-7-16 subject to the provisions of this chapter, authorizes the pipeline company, for one year from the filing date, to enter on the land surveyed and selected and construct a pipeline. If the pipeline company does not construct its pipeline across such land within one year after the filing of the map, it forfeits all rights acquired by the filing of the map.
Source:
SL 1980, ch 321, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-18 - Payment for school and public lands taken--Valuation--Governor's deed--Reverter.

49-7-18. Payment for school and public lands taken--Valuation--Governor's deed--Reverter.
Before a pipeline is constructed over school and public lands, payment of the full value of the lands so taken must be made, the value to be ascertained by the commissioner of school and public lands or, in the event of disagreement, by the circuit court in the manner provided for a condemnation proceeding, the Governor shall convey by deed of right-of-way, to the pipeline company constructing the pipeline, the right to hold and use such lands for such purposes only as authorized by this chapter. The deed shall be executed in the name of the state by the Governor, under the great seal of the state, and attested by the commissioner of school and public lands, under the seal of his office. The deed shall contain the provisions that should the land cease to be used, for a period of two years, for the purpose for which the deed was granted, the right-of-way shall revert to the state.
Source:
SL 1980, ch 321, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-19 - Relation back of title.

49-7-19. Relation back of title.
The title vested by the Governor's deed to such lands shall relate back to the date of the filing of the map with the commissioner of school and public lands pursuant to §49-7-16. No subsequent grant from the state to any other person of any tract of land shall divest the pipeline company of its rights authorized by this chapter.
Source:
SL 1980, ch 321, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-20 - Right to enter and cross school and public lands.

49-7-20. Right to enter and cross school and public lands.
Nothing in this chapter may be so construed as to prevent any other person from obtaining the right to enter upon and cross school or other public lands of the state and to maintain his right-of-way across or along such lands.
Source:
SL 1980, ch 321, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07 - Right-Of-Way For Carrier Facilities › Section 49-7-22 - Telecommunications and electrical facilities across school and public lands.

49-7-22. Telecommunications and electrical facilities across school and public lands.
Section 49-7-2 and §§49-7-11 to 49-7-21, inclusive, are applicable to corporations, partnerships, or individuals insofar as the provisions apply to a right-of-way on school and public lands for the construction, operation, or maintenance of telecommunications or electric transmission lines including such land as may be reasonably necessary for stations, substations, or buildings necessary for the transmission of telecommunications messages or electrical energy.
Source:
SL 1980, ch 321, §13; SL 1987, ch 345, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-2 - Establishment of One-Call Notification Board--Responsibilities--State one-call fund--Continuous appropriation--One-call notification center--Services provided--Required membership and reporting.

49-7A-2. Establishment of One-Call Notification Board--Responsibilities--State one-call fund--Continuous appropriation--One-call notification center--Services provided--Required membership and reporting.
The Statewide One-Call Notification Board is established as an agency of state government and funded by revenue generated by the one-call notification center. The board is solely responsible for all contractors and employment of any personnel working for the board and retains responsibility for all funds of the board and all expenditures thereof. The board is solely responsible for all functions and duties vested in the board. Any interest earned on money in the state one-call fund shall be deposited in the fund. The money is continuously appropriated to the board to implement and administer the provisions of this chapter. The one-call notification center may be organized as a nonprofit corporation. The one-call notification center shall provide a service through which a person can notify the operators of underground facilities of plans to excavate and to request the marking of the facilities. All operators are subject to this chapter and the rules promulgated thereto. Any operator who fails to become a member of the one-call notification center or who fails to submit the locations of the operator's underground facilities to the center, as required by this chapter and rules of the board, is subject to applicable penalties under §§49-7A-18 and 49-7A-19 and is subject to civil liability for any damages caused by noncompliance with this chapter. Any penalties which may be assessed by the board under this chapter must be collected as provided by law and deposited into the one-call fund.
Source: SL 1993, ch 346, §2; SL 1994, ch 354, §2; SL 1997, ch 263, §1; SL 2002, ch 211, §1; SL 2018, ch 261, §1, eff. July 1, 2019; SL 2023, ch 156, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-3 - Governing board--Representation--Term of appointment.

49-7A-3. Governing board--Representation--Term of appointment.
The one-call notification center shall be governed by an eleven member board who shall serve without pay. The board shall consist of one member representing telecommunication companies offering local exchange service to less than fifty thousand subscribers; one member representing telecommunication companies offering local exchange service to fifty thousand or more subscribers; one member representing rural water systems; one member representing rural electric cooperatives; one member representing investor-owned electric utilities; one member representing investor-owned natural gas utilities; one member representing community antenna television systems; one member representing municipalities; one member representing underground interstate carriers of gas or petroleum; and two members representing contractors who perform excavation services. The board shall be appointed by the Governor and shall serve staggered three-year terms.
Source:
SL 1993, ch 346, §3; SL 1997, ch 263, §15.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-4 - Rules--Operating procedures.

49-7A-4. Rules--Operating procedures.
The One-Call Notification Board shall by rules, promulgated pursuant to chapter 1-26, establish the procedures to operate a nonprofit one-call notification center, establish the procedures that regulate the notification process and marking of underground facilities to prevent damage to underground facilities, establish the procedures for gathering information from facility operators that could further improve the ability to reduce damage to underground facilities, establish a competitive bidding procedure to select a vendor to provide the notification service, and establish a procedure whereby members of the one-call notification center share in the costs of the one-call notification center.
Source:
SL 1993, ch 346, §4; SL 1994, ch 354, §3; SL 1997, ch 263, §14; SL 2002, ch 211, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-5 - Notification of proposed excavation.

49-7A-5. Notification of proposed excavation.
No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone or by other methods approved by the board pursuant to rules promulgated pursuant to chapter 1-26 to the one-call notification center at least forty-eight hours prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays of the state. The board may promulgate rules to reduce the forty-eight-hour interval for emergency or subsequent inquiries to the original locate request and may lengthen the forty-eight-hour interval for nonexcavation requests.
Source:
SL 1993, ch 346, §6; SL 1994, ch 354, §4; SL 1997, ch 263, §2; SL 2002, ch 211, §3; SL 2007, ch 264, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-6.1 - Operator not to be billed when location of excavation on notice differs from location of operator's facility.

49-7A-6.1. Operator not to be billed when location of excavation on notice differs from location of operator's facility.
No operator may be billed for the costs of any notification of excavation if the location of the excavation described in the notice is different than the one call center's record of the description of the location of the operator's underground facilities.
Source:
SL 2001, ch 251, §1; SL 2002, ch 211, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-7 - Duties of one-call notification center.

49-7A-7. Duties of one-call notification center.
The one-call notification center shall:
(1)File with the register of deeds of each county the toll-free telephone number for notification of planned excavation activities in its area;
(2)Maintain adequate records documenting compliance with the requirements of this chapter, including records of all telephone calls and records of all location requests for the preceding forty-eight months which can be obtained by request of either a member or excavator;
(3)Provide the service at minimum, during normal working hours, on business days;
(4)For calls received after normal working hours for the one-call notification center, or on nonbusiness days, provide information for callers which explains emergency notification and excavation procedures; and
(5)Provide a timely method for notifying participating members of the information received regarding proposed excavation activities. The method of notification is to be determined by the one-call notification center and its members.
Source:
SL 1993, ch 346, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-8 - Location of underground facilities--Marking.

49-7A-8. Location of underground facilities--Marking.
An operator shall, upon receipt of the notice, advise the excavator of the location of underground facilities in the proposed excavation area by marking the location of the facilities with stakes, flags, paint, or other clearly identifiable marking within eighteen inches horizontally from the exterior sides of the underground facilities. The board shall promulgate rules, pursuant to chapter 1-26, to establish the response time for operators to mark the underground facilities. The response time shall be no later than forty-eight hours after the receipt of the notice, excluding Saturdays, Sundays, and legal holidays of the state or the excavation start time provided by the excavator, whichever is later. The response time may be less than forty-eight hours for emergency or subsequent inquiries to the original locate request and may be longer than forty-eight hours for nonexcavation requests. Excavators shall maintain a minimum horizontal clearance of eighteen inches between a marked underground facility and the cutting edge of any mechanical equipment. If excavation is required within eighteen inches, horizontally, the excavator shall expose the facility with hand tools or noninvasive methods approved pursuant to rule and shall protect and support the facility prior to further excavation with mechanical equipment.
Source:
SL 1993, ch 346, §9; SL 1997, ch 263, §4; SL 2002, ch 211, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-9 - Failure to provide timely location markings--Inadequate markings--Liability.

49-7A-9. Failure to provide timely location markings--Inadequate markings--Liability.
If location markings requested by an excavator are not provided within the time specified by §49-7A-8 or any rule promulgated pursuant to §49-7A-8, or if the location markings provided fail to identify the location of the underground facilities in accordance with statute and rule, any excavator damaging or injuring underground facilities is not liable for such damage or injury except on proof of negligence.
Source:
SL 1993, ch 346, §10; SL 2002, ch 211, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-10 - Liability for damage to underground facility.

49-7A-10. Liability for damage to underground facility.
Compliance with this chapter and the rules promulgated pursuant thereto does not excuse a person from acting in a careful and prudent manner nor does compliance with this chapter and the rules promulgated pursuant thereto affect any civil remedies otherwise provided by law for personal injury or for property damage except as specifically provided in this chapter. If information requested pursuant to statute or rule, is provided within the time specified and if the information provided sufficiently identifies the location of the underground facilities in accordance with §49-7A-8 or any rule promulgated pursuant to §49-7A-8, any excavator damaging or injuring the underground facilities is strictly liable for all damage proximately caused thereby.
Source:
SL 1993, ch 346, §11; SL 2002, ch 211, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-12 - Notification of damage to underground facility--Repairs--Flammable, toxic, or corrosive gas or liquid.

49-7A-12. Notification of damage to underground facility--Repairs--Flammable, toxic, or corrosive gas or liquid.
If any underground facility is damaged, dislocated, or disturbed in advance of or during excavation work, the excavator shall immediately notify the one-call notification center and, if known, the operator of the facility of the damage, dislocation, or disturbance. No excavator may conceal or attempt to conceal any damage, dislocation, or disturbance, nor may that excavator attempt to make any repair to the facility unless authorized by the operator of the facility. If the damage, dislocation, or disturbance results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator shall immediately report the escape to the authorities by calling the 911 emergency telephone number and notifying the one-call notification center and, if known, the operator of the facility.
Source:
SL 1993, ch 346, §13; SL 1997, ch 263, §6; SL 2002, ch 211, §10; SL 2018, ch 262, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-13 - Inability to locate underground facility.

49-7A-13. Inability to locate underground facility.
If in the course of excavation the excavator is unable to locate the underground facility or discovers that the operator of the underground facility has incorrectly located the underground facility, he shall promptly notify the operator, or, if unknown, the one-call notification center.
Source:
SL 1993, ch 346, §14.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-14 - Local permit requirements unaffected.

49-7A-14. Local permit requirements unaffected.
This chapter does not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before excavation. However, a permit issued by any governing body does not relieve the excavator from complying with the requirements of this chapter.
Source:
SL 1993, ch 346, §15.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-15 - Owners and operators of underground facilities required to register with one call notification system.

49-7A-15. Owners and operators of underground facilities required to register with one call notification system.
Any person owning or operating underground facilities, including a farm tap customer owning a farm tap distribution system, which serves third parties or which crosses a property line or is located in a public highway shall register with the one call notification system as an operator pursuant to this chapter.
Source:
SL 1993, ch 346, §16; SL 2017, ch 197, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-17 - Complaints--Rules of Practice.

49-7A-17. Complaints--Rules of Practice.
Any person with a complaint against a party who violates or with a complaint against a party who procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8, may apply to the board for relief. No complaint may be dismissed because of the absence of direct damage to the complainant or petitioner. The board may promulgate rules of practice prescribing the form for complaints in accordance with chapter 1-26.
Source:
SL 2002, ch 211, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-18 - Penalties.

49-7A-18. Penalties.
Except as provided in §49-7A-19 and in addition to all other penalties provided by law, any person who violates or who procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to one thousand dollars for the first violation and up to five thousand dollars for each subsequent violation that occurs within twelve months of the initial violation.
Source:
SL 2002, ch 211, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-19 - Penalties for intentional violations.

49-7A-19. Penalties for intentional violations.
In addition to all other penalties provided by law, any person who intentionally violates or who intentionally procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to five thousand dollars for the first violation and up to ten thousand dollars for each subsequent violation that occurs within twelve months of the initial violation.
Source:
SL 2002, ch 211, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-20 - Each violation as separate offense.

49-7A-20. Each violation as separate offense.
Each violation of any statute or rule of the Statewide One-Call Notification Board constitutes a separate offense. In the case of a continuing violation, each day that the violation continues constitutes a separate violation.
Source:
SL 2002, ch 211, §14.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-21 - Complaint and order prerequisites for penalty--Time limit.

49-7A-21. Complaint and order prerequisites for penalty--Time limit.
No penalty may be imposed pursuant to §§49-7A-18 and 49-7A-19 except by order following a complaint pursuant to §49-7A-17. A complaint alleging a violation of any statute, except §49-7A-12, or alleging a violation of any rule of the Statewide One-Call Notification Board shall be brought not later than ninety days after the discovery of the alleged violation, but in no case may the complaint be brought more than one year after the date of the alleged violation. Any complaint alleging a violation of §49-7A-12 shall be brought within one year of discovery of the alleged violation.
Source:
SL 2002, ch 211, §15; SL 2010, ch 220, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 07A - One-Call Notification System For Excavation Activities › Section 49-7A-22 - Panel to determine existence of probable cause for violation--Recommendation to board.

49-7A-22. Panel to determine existence of probable cause for violation--Recommendation to board.
Upon the initiation of a complaint pursuant to §49-7A-17, a panel of three or five members of the Statewide One-Call Notification Board shall be appointed by the chair for the purpose of determining whether there is probable cause to believe there has been a violation of any statute or rule of the board. A determination of whether there is probable cause to believe there has been a violation shall be determined by a majority vote of the panel. The panel shall then recommend to the board that the complaint be dismissed for lack of probable cause, or recommend to the board that there is probable cause to believe that there has been a violation and recommend what penalty, if any, should be imposed pursuant to the provisions of §49-7A-18 or 49-7A-19.
Source:
SL 2002, ch 211, §16.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.