reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-575. Alternative means of regulating telephone utilities.

(A) Notwithstanding the provisions of Section 58-9-570, in fixing rates and charges for a local exchange telephone utility, the commission may, upon the request of the telephone utility or upon motion of the Office of Regulatory Staff, consider in lieu of the procedures provided in this chapter, alternative means of regulating the telephone utility. If the commission determines that a local exchange telephone utility is subject to competition with respect to its services, the commission may implement regulatory alternatives including, but not limited to, equitable sharing of earnings between a local exchange telephone utility and its customers, consistent with the provisions of Section 58-9-330.
(B) The commission shall review and may authorize implementation of an alternative regulatory plan under subsection (A) if it finds after notice and hearing that the substantial evidence of record shows that the plan:
(1) is consistent with the public interest;
(2) does not jeopardize the availability of reasonably affordable and reliable telecommunications services;
(3) provides clearly identifiable benefits to consumers that are not otherwise available under existing regulatory procedures;
(4) will reduce regulatory delay and costs;
(5) provides adequate safeguards to consumers of telecommunications services, including other telecommunications companies, when such services are not readily available from alternative suppliers in the relevant geographic market;
(6) includes effective safeguards to assure that rates for noncompetitive services do not subsidize the prices charged for competitive services. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives;
(7) assures that rates for noncompetitive services are just, reasonable, or not unduly discriminatory and provide a contribution to basic local telephone service; and
(8) does not jeopardize the ability of the telephone utility to provide quality, affordable telecommunications service.
(C) The commission may, on the motion of the Office of Regulatory Staff or any interested party, review any decision adopting an alternative method of regulation for a local exchange telephone utility. After notice and opportunity to be heard and upon a showing by substantial evidence, the commission may impose regulatory standards consistent with the provisions of this chapter.
HISTORY: 1994 Act No. 347, Section 1, eff April 20, 1994; 2006 Act No. 318, Section 46, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-577. Approval of alternative form of regulation; conditions and effect of approval.

Notwithstanding Sections 58-9-575 and 58-9-576, any small LEC may elect to have the rates, terms, and conditions of its services determined pursuant to alternative forms of regulation, which may differ among companies and may include, but not be limited to, price regulation, rather than rate of return or other forms of earning regulation. Upon application filed with the commission and served upon the Office of Regulatory Staff, the commission shall approve such alternative regulation or price regulation, which may differ among local exchange companies, upon finding that the plan as proposed:
(1) protects the affordability of basic local exchange telephone service, as such service is defined by the commission;
(2) reasonably assures the continuation of basic local exchange telephone service that meets reasonable service standards that the commission may adopt;
(3) will not unreasonably prejudice any class of telephone customers, including telecommunications companies;
(4) is not inconsistent with the federal Telecommunications Act of 1996; and
(5) is otherwise consistent with the public interest.
Upon approval of a price regulation plan, price regulation shall be the sole form of regulation imposed upon the electing local exchange carrier, and the commission shall regulate the electing local exchange carrier's prices rather than its earnings. The small LEC shall file a tariff with the commission for its local exchange services that sets out the terms and conditions of the services and the rates for these services. The small LEC also must provide a copy of the tariffs to the Office of Regulatory Staff. The tariff shall be presumed valid and shall become effective seven days after filing for price decreases and fourteen days after filing for price increases and new services, subject to a process in accordance with guidelines to be adopted by the commission. The commission shall issue an order denying or approving the proposed plan for alternative regulation or price regulation, with or without modification, not more than ninety days from the filing of the application. However, the commission may extend the time period for an additional sixty days, in the discretion of the commission. If the commission approves the application with modifications, the local exchange carrier, subject to such approval, may accept the modifications and implement the proposed plan as modified or may at its option:
(1) withdraw its application and continue to be regulated under the form of regulation that existed immediately before the filing of the application; or
(2) file another proposed plan for price regulation.
HISTORY: 1996 Act No. 354, Section 3, eff May 29, 1996; 2006 Act No. 318, Section 48, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-585. Alternative means of regulating interexchange telecommunications carrier.

(A) Notwithstanding any other provision of this chapter, the commission, on the request of an interexchange telecommunications carrier, may consider, in lieu of the procedures outlined in this chapter, alternative means of regulating that carrier. If the commission first determines, after notice and hearing, that the substantial evidence of record shows that a particular service is competitive in the relevant geographic market, the commission may implement regulatory alternatives including, but not limited to, the provisions outlined in this section.
(B) If the commission determines that an interexchange telecommunications carrier service is competitive, the commission shall not fix or prescribe the rates, tolls, charges, or rate structures for that service. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives. The commission shall require that the interexchange telecommunications carriers file with the commission and maintain with the Office of Regulatory Staff price lists for competitive telecommunications services.
(C) The commission is authorized to reclassify a telecommunications service provided by an interexchange carrier as noncompetitive if, after notice and hearing, the substantial evidence of record shows that sufficient competition does not exist for that service.
(D) For an interexchange telecommunications carrier service found to be noncompetitive, the commission may implement other regulatory alternatives including, but not limited to, price caps.
(E) Nothing in this section limits any authority of the commission or the Office of Regulatory Staff with respect to the reporting requirements of interexchange telecommunications carriers to establish standards for the quality of service, resolution of complaints, privacy, and the ordering, installation, restoration, and disconnection of interexchange service.
(F) For the purposes of this section, the term "interexchange telecommunications carrier service" is limited to toll services provided by telephone utilities.
HISTORY: 1994 Act No. 332, Section 1, eff April 20, 1994; 2006 Act No. 318, Section 49, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-710. Orders for more reasonable, adequate and efficient service.

Whenever the commission, after hearing, finds that the service of any telephone utility is not reasonably adequate and efficient, the commission shall make its findings and issue an order thereon requiring such telephone utility to provide reasonable, adequate, and efficient service.
HISTORY: 1962 Code Section 58-421; 1952 Code Section 58-421; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-720. Miscellaneous regulations.

The commission may ascertain and fix just and reasonable classifications, regulations, practices, or service to be furnished, imposed, observed, and followed by any or all telephone utilities, prescribe reasonable regulations for the examination and testing of such service and for the measurement thereof, establish or approve reasonable rules, regulations, specifications, and standards and provide for the examination and testing of any and all appliances used for the service of any telephone utility.
HISTORY: 1962 Code Section 58-422; 1952 Code Section 58-422; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-730. Fixing value of utility.

The commission may after hearing ascertain and fix the value of the whole or any part of the property of any telephone utility insofar as it is material to the exercise of the jurisdiction of the commission.
HISTORY: 1962 Code Section 58-423; 1952 Code Section 58-423; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-740. Reparation orders.

When petition has been made to the commission concerning any rate or charge for service performed by any telephone utility, and the commission has found after hearing that the telephone utility has charged an unreasonable, excessive, or discriminatory amount for such service, the commission may order that the telephone utility make due reparation to the petitioner therefor, with interest from the date of collection, if such reparation will not result in establishing unreasonable discrimination. No order for the payment of reparation upon the ground of unreasonableness shall be made by the commission in any instance wherein the rate or charge in question has been authorized by law. All petitions concerning unreasonable, excessive, or discriminatory charges on which reparation orders may be made shall be filed with the commission and provided to the Office of Regulatory Staff within two years from the time the cause of action accrues. No assignment of a reparation claim shall be recognized by the commission except assignments by operation of law as in case of death, insanity, bankruptcy, receivership, or order of court. The commission must not be a party to any reparation action.
The remedy in this section provided shall be cumulative and in addition to any other remedy in Articles 1 through 13 of this chapter provided in case of failure of a telephone utility to obey an order or decision of the commission.
HISTORY: 1962 Code Section 58-424; 1952 Code Section 58-424; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-750. Suit to enforce reparation order.

If the telephone utility does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover such reparation and upon trial of such suit a duly certified copy of the order of the commission shall be prima facie evidence of the facts therein set forth. The suit for enforcement of the order shall be commenced in the court within one year from the date of the order of the commission.
HISTORY: 1962 Code Section 58-425; 1952 Code Section 58-425; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-760. Joint investigations, hearings and orders with other state or Federal boards or commissions.

The commission may hold joint hearings and issue joint or concurrent orders in conjunction or concurrence with any official board or commission of any state or of the United States. The Office of Regulatory Staff may make joint investigations with any official board or commission of any state or of the United States.
HISTORY: 1962 Code Section 58-426; 1952 Code Section 58-426; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-770. Suits to discontinue or prevent violation of law or order.

Whenever it shall appear that any telephone utility is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission or is doing anything, or about to do anything, or permitting anything, or about to permit anything, to be done contrary to or in violation of law or of any order of the commission, an action or proceeding shall be prosecuted by the regulatory staff in any court of competent jurisdiction in the name of the Office of Regulatory Staff or the State for the purpose of having such violation or threatened violation discontinued or prevented, either by mandamus, injunction, or other appropriate relief and in such action or proceeding it shall be permissible to join such other persons or corporations as parties thereto as may be reasonably necessary to make the order of the court in all respects effective.
HISTORY: 1962 Code Section 58-427; 1952 Code Section 58-427; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-780. Investigations.

The Office of Regulatory Staff may, whenever it may be appropriate in the performance of its duties, investigate and examine the condition and operation of telephone utilities or any particular telephone utility.
HISTORY: 1962 Code Section 58-428; 1952 Code Section 58-428; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-790. Inspections of property; audits of records; examinations of officers and employees.

The Office of Regulatory Staff may, after due notice to officers or managers of the company, inspect the property, plant, and facilities of any telephone utility at any and all times and inspect or audit at reasonable times the accounts, books, papers, and documents of any telephone utility. For such purposes an officer, employee, or agent of the Office of Regulatory Staff may during all reasonable hours enter upon any premises occupied by or under the control of any telephone utility. An officer, employee, or agent of the Office of Regulatory Staff authorized to administer oaths may examine under oath any officer, agent, or employee of such telephone utility in relation to the business and affairs of such telephone utility, but written record of the testimony or statement must be given under oath.
HISTORY: 1962 Code Section 58-429; 1952 Code Section 58-429; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-800. Inspection and copying of tax returns, reports and other information.

In the performance of its duties under Articles 1 through 13 of this chapter, any employee or agent of the Office of Regulatory Staff may inspect or make copies of all income, property, or other tax returns, reports or other information filed by telephone utilities with or otherwise obtained by any other department, commission, board, or agency of the state government and all such other departments, commissions, boards, or agencies of the state government shall permit such inspection or the making of such copies.
HISTORY: 1962 Code Section 58-430; 1952 Code Section 58-430; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-810. Promulgation of rules and regulations.

The commission may make such rules and regulations not inconsistent with law as may be proper in the exercise of its powers or for the performance of the duties set forth in Articles 1 through 13 of this chapter, all of which shall have the force of law.
HISTORY: 1962 Code Section 58-431; 1952 Code Section 58-431; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-820. Enforcement powers generally.

In addition to the foregoing expressly enumerated powers, the commission shall carry out by its order, ruling, or regulation and the Office of Regulatory Staff shall enforce, execute, and administer the provisions of Articles 1 through 13 of this chapter relating to the powers, duties, limitations, and restrictions imposed upon telephone utilities by Articles 1 through 13 of this chapter or any other provisions of the law of this State regulating telephone utilities.
HISTORY: 1962 Code Section 58-432; 1952 Code Section 58-432; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-830. Enumeration of powers not exclusive.

The enumeration of the powers of the commission as herein set forth shall not be construed to exclude the exercise of any power which the commission would otherwise have under the provisions of law.
HISTORY: 1962 Code Section 58-433; 1952 Code Section 58-433; 1950 (46) 2466; 2006 Act No. 318, Section 50, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1010. Hearing before one or more commissioners; approval of determination, ruling or order.

Any hearing which the commission has power to hold, except matters pertaining to rate changes, may be held before any one or more of the commissioners, upon condition, however, that such commissioner or commissioners shall have been authorized by the commission to hold such hearing. Each hearing before any such commissioner or commissioners shall be deemed to be the hearing of the commission. Any determination, ruling, or order of a commissioner or commissioners, upon any such hearing held by him or them shall not become effective until due notice has been given to the commission and the Office of Regulatory Staff and it has been approved and confirmed by at least a quorum of the commission and ordered to be filed in its office with a copy to the Office of Regulatory Staff and any determination, ruling, or order involving the fixing or regulation of a general schedule of rates shall not become effective until due notice has been given the telephone utility concerned and an opportunity has been given the utility and the Office of Regulatory Staff to be heard before at least a quorum of the commission, and the determination, ruling, or order has been approved and confirmed by, at least a quorum of the commission. Upon such confirmation and order, such determination, ruling, or order shall be the determination, ruling, or order of the commission.
HISTORY: 1962 Code Section 58-441; 1952 Code Section 58-441; 1950 (46) 2466; 2006 Act No. 318, Section 51, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1020. Employment and duties of special agent or examiner.

In any hearing the commission may employ a special agent or examiner, who may administer oaths, examine witnesses consistent with the Judicial Code of Conduct, and receive evidence in any locality which the commission, having regard to the public convenience and the proper discharge of its functions and duties, may designate. The testimony and evidence so taken or received shall have the same force and effect as if taken or received by the commission or any one or more of the commissioners as provided in Section 58-9-1010. But any hearing involving rates of any telephone utility shall be held before a majority of the full commission.
HISTORY: 1962 Code Section 58-442; 1952 Code Section 58-442; 1950 (46) 2466; 2006 Act No. 318, Section 52, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1030. Administration of oaths, examination of witnesses and certification of official acts.

Each of the commissioners, for the purposes mentioned in Articles 1 through 13 of this chapter, may administer oaths, examine witnesses, and certify official acts.
HISTORY: 1962 Code Section 58-443; 1952 Code Section 58-443; 1950 (46) 2466; 2006 Act No. 318, Section 53, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1040. Issuance of subpoenas and other process.

The commission and each commissioner may issue subpoenas, subpoenas duces tecum, and all other necessary processes in proceedings pending before it and these processes extend to all parts of the State and may be served by any person authorized by law to serve processes.
HISTORY: 1962 Code Section 58-444; 1952 Code Section 58-444; 1950 (46) 2466; 2006 Act No. 318, Section 54, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1050. Self-incrimination; immunity.

No person shall be excused from testifying or from producing any book, document, paper, or account in any hearing before the commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, document, paper, or account required of him may tend to incriminate him or subject him to penalty or forfeiture. But no person shall be prosecuted, punished, or subjected to any forfeiture or penalty for or on account of any act, transaction, matter, or thing concerning which he shall have been compelled under oath to testify or produce documentary evidence, except that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony.
HISTORY: 1962 Code Section 58-445; 1952 Code Section 58-445; 1950 (46) 2466; 2006 Act No. 318, Section 55, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1060. Taking of depositions.

The Office of Regulatory Staff or any party to any proceedings before the commission may, in any hearing before the commission, cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for taking depositions in civil actions in the courts of this State.
HISTORY: 1962 Code Section 58-446; 1952 Code Section 58-446; 1950 (46) 2466; 2006 Act No. 318, Section 56, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1070. Production of books and other records.

The commission or Office of Regulatory Staff may require the production within this State at such time and place as it may designate of any books, accounts, papers, or records of the telephone utility relating to its business or affairs within the State, pertinent to any lawful inquiry and kept by the telephone utility in any office or place within or without this State or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the Office of Regulatory Staff or under its direction.
HISTORY: 1962 Code Section 58-447; 1952 Code Section 58-447; 1950 (46) 2466; 2006 Act No. 318, Section 57, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1080. Filing of petitions.

The Office of Regulatory Staff or any person or corporation having an interest in the subject matter, including any telephone utility concerned, may petition in writing to the commission, setting forth any act or thing done or omitted to be done by any telephone utility in violation, or claimed violation, of any law which the commission has jurisdiction to administer or of any order or rule of the commission.
HISTORY: 1962 Code Section 58-448; 1952 Code Section 58-448; 1950 (46) 2466; 2006 Act No. 318, Section 58, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1090. Service of petition.

Upon the filing of a petition pursuant to Section 58-9-1080, the commission shall cause a copy thereof to be served upon the person, corporation, or telephone utility complained of.
HISTORY: 1962 Code Section 58-449; 1952 Code Section 58-449; 1950 (46) 2466; 2006 Act No. 318, Section 59, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1100. Service of pleadings or notices.

Service of all pleadings or notices in all hearings and proceedings pending before the commission, except service of the processes provided for by Section 58-9-1040, may be made personally or by mail as the commission may direct.
HISTORY: 1962 Code Section 58-450; 1952 Code Section 58-450; 1950 (46) 2466; 2006 Act No. 318, Section 60, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1110. Dismissal of petition without hearing.

The commission may dismiss any petition filed pursuant to Section 58-9-1080 without a hearing if in its opinion a hearing is not necessary in the public interest or for the protection of substantial rights.
HISTORY: 1962 Code Section 58-451; 1952 Code Section 58-451; 1950 (46) 2466; 2006 Act No. 318, Section 61, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1120. Types of hearings.

The commission may, in addition to the hearings specifically provided for by Articles 1 through 13 of this chapter, conduct such other hearings as may be required in the administration of the powers and duties conferred by Articles 1 through 13 of this chapter and by other laws relating to telephone utilities.
HISTORY: 1962 Code Section 58-452; 1952 Code Section 58-452; 1950 (46) 2466; 2006 Act No. 318, Section 62, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1130. Conduct of hearings and proceedings.

All commission hearings and proceedings shall be governed by law and by rules of practice and procedure adopted by the commission.
HISTORY: 1962 Code Section 58-453; 1952 Code Section 58-453; 1950 (46) 2466; 2006 Act No. 318, Section 63, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1140. Time and place of hearing; notice.

The Commission shall fix the time and place of all hearings, if any is required, and shall serve notice thereof not less than twenty days before the time set for such hearing, unless the Commission shall find that public necessity requires that such hearing be held at an earlier date, in which event the notice shall be reasonable in view of all the circumstances.
HISTORY: 1962 Code Section 58-454; 1952 Code Section 58-454; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1150. Parties who may participate in hearings.

At the time fixed for any hearing before the commission or a commissioner or the time to which such hearing may have been continued, the complainant, the Office of Regulatory Staff, and the person, corporation, or telephone utility complained of shall be entitled in person or by attorney to be heard and to introduce evidence.
HISTORY: 1962 Code Section 58-455; 1952 Code Section 58-455; 1950 (46) 2466; 2006 Act No. 318, Section 64, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1160. Findings and orders; sufficiency; service.

After the conclusion of a hearing, the commission shall make and file its findings and order with its opinion, if any. Its findings shall be in sufficient detail to enable a court on review to determine the controverted question presented by the proceeding and whether proper weight was given to the evidence. A copy of the order, certified under the seal of the commission, shall be served either personally or by registered mail upon the person, corporation, or telephone utility against whom it runs, or his or its attorney and the Office of Regulatory Staff, and notice thereof shall be given either personally or by mail to the other parties to the proceedings or their attorneys.
HISTORY: 1962 Code Section 58-456; 1952 Code Section 58-456; 1950 (46) 2466; 2006 Act No. 318, Section 65, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1170. Effective date of order.

The order shall take effect and become operative twenty days after the service thereof, unless otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or revoked by the Commission. If an order cannot, in the judgment of the Commission, be complied with within twenty days, the Commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order and may, on application and for good cause shown, extend the time for compliance fixed in its order.
HISTORY: 1962 Code Section 58-457; 1952 Code Section 58-457; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1180. Rescission or amendment of orders or decisions.

The Commission may at any time, except in those cases provided for in Section 58-9-1200, after notice and after opportunity to be heard as provided in the case of compliance, rescind or amend any order or decision made by it. Any order rescinding or amending a prior order or decision, after notice thereof, either personal or by mail, is given to the telephone utility affected and to the other parties to the proceedings, shall have the same effect as is herein provided for original orders or decisions, but no such order shall affect the legality or validity of any acts done pursuant to the original order before service of notice of such change.
HISTORY: 1962 Code Section 58-458; 1952 Code Section 58-458; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1190. Record of proceedings.

A full and complete record shall be kept of all proceedings had before the Commission or any commissioner on any formal hearing and all testimony shall be taken down by a reporter appointed by the Commission.
HISTORY: 1962 Code Section 58-459; 1952 Code Section 58-459; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1200. Rehearings.

After an order or decision has been made by the Commission, any party to the proceedings may within ten days after service of notice of the entry of the order or decision apply for a rehearing in respect to any matter determined in such proceedings and specified in the application for rehearing and the Commission may, in case it appears to it to be proper, grant and hold such rehearing. The Commission shall either grant or refuse an application for a rehearing within twenty days and a failure by the Commission to act upon such application within that period shall be deemed a refusal thereof. If the application be granted the Commission's order shall be deemed vacated and the Commission shall enter a new order after the rehearing has been concluded.
HISTORY: 1962 Code Section 58-460; 1952 Code Section 58-460; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1210. Contempt of Commission.

In case of failure on the part of any person to comply with any lawful order of the Commission or of any commissioner or with any subpoena or subpoenas duces tecum or in case of the refusal of any witness to testify concerning any matter on which he may be interrogated lawfully, any court of record of general jurisdiction, or a judge thereof, may on application of the Commission or of a commissioner compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
HISTORY: 1962 Code Section 58-461; 1952 Code Section 58-461; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1220. Fees and mileage allowances of witnesses and officers.

Witnesses who are summoned before the Commission, a special agent or an examiner shall be paid by the party at whose instance they are summoned the same fees and mileages as are paid to witnesses in the courts of common pleas of this State and witnesses whose depositions are taken pursuant to the provisions of Articles 1 through 13 of this chapter and the officer taking them shall be entitled to be paid by the party at whose instance the deposition is taken the same fees as are paid for like services in the courts of common pleas of this State.
HISTORY: 1962 Code Section 58-463; 1952 Code Section 58-463; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1230. Certified copies of documents and orders as evidence.

Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the chief clerk of the commission under its official seal to be true copies of the original, shall be evidence in like manner as the originals in all matters before the commission and in the courts of this State. The commission may prescribe reasonable charges to be paid for furnishing authenticated copies of such documents and orders. Copies of documents that are not filed with the commission but are deposited with the Office of Regulatory Staff may be certified by the Executive Director of the Office of Regulatory Staff under its official seal to be true copies of the original and shall be evidence in like manner as the originals in all matters before the commission and in the courts of this State. The Office of Regulatory Staff may prescribe reasonable charges to be paid for furnishing authenticated copies of such documents.
HISTORY: 1962 Code Section 58-464; 1952 Code Section 58-464; 1950 (46) 2466; 2006 Act No. 318, Section 66, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1240. Rules governing pleadings, practice and procedure.

The Commission may prescribe rules governing pleadings, practice and procedure before it not inconsistent with the provisions of Articles 1 through 13 of this chapter or any other provisions of law.
HISTORY: 1962 Code Section 58-462; 1952 Code Section 58-462; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1410. Appeals; vacating or setting aside order of commission.

A party in interest dissatisfied with an order of the commission may appeal to the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules. No right of appeal accrues to vacate or set aside, either in whole or in part, an order of the commission except an order on a rehearing, unless a petition to the commission for a rehearing is filed and refused or considered refused because of the commission's failure to act within twenty days. The commission must not be named as a party to an action.
HISTORY: 1962 Code Section 58-471; 1952 Code Section 58-471; 1950 (46) 2466; 2006 Act No. 318, Section 67, eff May 24, 2006; 2006 Act No. 387, Section 41, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1430. Stay or suspension of order pending review.

The pendency of proceedings to review shall not of itself stay or suspend the operation of the order of the Commission, but during the pendency of such proceedings the court, upon reasonable notice and after hearing, in its discretion may stay or suspend, either in whole or in part, the operation of the Commission's order on such terms as it deems just and in accordance with the practice of the court. Any party may secure from the court in which the review of the order of the Commission is in good faith sought an order suspending or staying the operation of the order of the Commission, pending a review of such order, by adequately securing all persons or corporations who will be affected by such suspension or stay against loss due to the delay in the enforcement of the order, in case the order under review is affirmed, the security to be approved and to be in such form and amount as shall be directed by the court granting the stay or suspension.
HISTORY: 1962 Code Section 58-473; 1952 Code Section 58-473; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1450. Commission's orders presumed lawful and reasonable.

All orders of the Commission shall be deemed prima facie just and reasonable and in all actions and proceedings arising under Articles 1 through 13 of this chapter or growing out of the exercise of the powers herein granted to the Commission the burden of proof shall be on the party attacking any order of the Commission to show that the order is unlawful or unreasonable.
HISTORY: 1962 Code Section 58-475; 1952 Code Section 58-475; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1610. Penalties for violation of Articles 1 through 13 of this chapter.

Any person or corporation violating any provision of Articles 1 through 13 of this chapter or failing, omitting or neglecting to obey, observe or comply with any lawful order of the Commission or any part or provision thereof may be subject to a penalty of not less than twenty-five dollars nor more than five hundred dollars for each offense and reasonable expenses including attorneys' fees.
HISTORY: 1962 Code Section 58-491; 1952 Code Section 58-491; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1620. Each violation and each day of continuing violation deemed a separate offense.

Every violation of the provisions of Articles 1 through 13 of this chapter or of any lawful order of the Commission, or any part thereof, by any corporation or person is a separate and distinct offense and in case of a continuing violation each day's continuance thereof shall be deemed to be a separate and distinct offense.
HISTORY: 1962 Code Section 58-492; 1952 Code Section 58-492; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1630. Principals responsible for acts of agents.

In enforcing the provisions of Articles 1 through 13 of this chapter relating to penalties, the act, omission or failure of any officer, agent or employee of any corporation or person, acting within the scope of his official duties or employment, shall in every case be deemed to be also the act, omission or failure of such corporation or person.
HISTORY: 1962 Code Section 58-493; 1952 Code Section 58-493; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1640. Penalties shall be cumulative.

All penalties accruing under Articles 1 through 13 of this chapter shall be cumulative and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any telephone utility or any officer, director, agent or employee thereof or any other corporation or person.
HISTORY: 1962 Code Section 58-494; 1952 Code Section 58-494; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1650. Actions to recover penalties.

Actions to recover penalties under Articles 1 through 13 of this chapter shall be brought in the name of the Office of Regulatory Staff or the State in any court of competent jurisdiction.
HISTORY: 1962 Code Section 58-495; 1952 Code Section 58-495; 1950 (46) 2466; 2006 Act No. 318, Section 69, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1810. Duty to receive and transmit telegrams.

Every electric telegraph company with a line of wires, wholly or partly in this State, and engaged in telegraphing for the public shall, during the usual office hours, receive dispatches, whether from other telegraphic lines or from individuals, and, on payment of the usual charges according to the regulations of such company, shall transmit and deliver them with impartiality and good faith, and with due diligence, under penalty of one hundred dollars. Such penalty may be recovered by suit before a magistrate or in any other court having jurisdiction thereof by either the sender of the dispatch or the person to whom it was sent or directed, whichever may first sue. Nothing herein shall be construed as impairing or in any way modifying the right of any person to recover damages for any such breach of contract or duty by any telegraph company and such penalty and such damages may, if the party so elect, be recovered in the same suit.
HISTORY: 1962 Code Section 58-251; 1952 Code Section 58-251; 1942 Code Section 8548; 1932 Code Section 8548; Civ. C. '22 Section 5031; 1920 (31) 725.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1820. Liability for messages in cipher.

In all cases the liability of the companies for messages in cipher, in whole or in part, shall be the same as though they were not in cipher.
HISTORY: 1962 Code Section 58-252; 1952 Code Section 58-252; 1942 Code Section 8552; 1932 Code Section 8552; Civ. C. '22 Section 5035; 1920 (31) 725.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1830. Common carriers of intelligence shall not require contract limiting its liability.

It shall be unlawful for any common carrier of intelligence for hire doing business in this State to require the sender of any message over its lines to enter into any agreement limiting such carrier's liability from any loss or damage to the sender of any message.
HISTORY: 1962 Code Section 58-253; 1952 Code Section 58-253; 1942 Code Section 8554; 1932 Code Section 8554; Civ. C. '22 Section 5037; 1921 (32) 120.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1840. Delivery of certain messages.

Such companies shall deliver all dispatches to the persons to whom they are addressed or to their agents, on payment of any charge due for them if such persons or agents reside within one mile of the telegraphic station or within the city or town in which such station is.
HISTORY: 1962 Code Section 58-254; 1952 Code Section 58-254; 1942 Code Section 8549; 1932 Code Section 8549; Civ. C. '22 Section 5032; 1920 (31) 725.