reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:05 - General telecommunications company rules › Section 20:10:05:04 - Indebted household defined

Current through Register Vol. 51, page 10, July 15, 2024
An indebted household is a household that contains a member
				  who is indebted to the telecommunications company for telecommunications
				  service provided previously. An indebted household occurs when an applicant was
				  a member of the household when the prior debt was incurred by the indebted
				  person, regardless of whether at the same address or a new one, or the
				  applicant moved into the same dwelling where the prior bill was incurred and
				  the indebted person is still living there.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:05 - General telecommunications company rules › Section 20:10:05:05 - Pay-per-call service defined

Current through Register Vol. 51, page 10, July 15, 2024
A pay-per-call service provides audio information or audio
				  entertainment or access to simultaneous voice conversation services or any
				  service, including the provision of a product, for which charges are assessed
				  on the basis of the completion of the call. The caller pays a per-call or
				  per-time-interval charge that is greater than, or in addition to, the charge
				  for transmission of the call, which is accessed through the use of a 900
				  telephone number or other prefix or area code designated by the Federal
				  Communications Commission.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:06 - Telecommunications records › Section 20:10:06:02 - Public information

Current through Register Vol. 51, page 10, July 15, 2024
The rules of chapters 20:10:05 to 20:10:10, inclusive, and
				  telecommunications companies' tariffs, shall be available in all
				  telecommunications companies' business offices for commission and public
				  inspection. A telecommunications company shall furnish upon request a free copy
				  of the rules and a free copy of necessary tariff pages as reasonably requested
				  to any applicant for service or to any subscriber.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:06 - Telecommunications records › Section 20:10:06:03 - Review

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company involved in a dispute with a
				  subscriber or applicant on any subject governed by chapters 20:10:05 to
				  20:10:10, inclusive, or on any other telecommunications service concern shall
				  inform the subscriber or applicant of the right to appeal a decision of the
				  telecommunications company to the Public Utilities Commission, 500 East Capitol
				  Avenue, Pierre, South Dakota 57501-5070, phone number 605-773-3201 or 1-800-332
				  -1782. Each telephone directory in the state shall contain in its instructional
				  pages the statement that dissatisfied persons may contact the commission at the
				  above address and phone numbers. Additionally, each telecommunications company
				  shall prominently display a notice of the subscriber's or applicant's review
				  rights and shall also display the fact that commission's rules and the
				  telecommunications company's tariffs are available at the business office for
				  inspection by interested persons and that free copies of necessary pages are
				  also available as reasonably requested.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:06 - Telecommunications records › Section 20:10:06:04 - Knowledge of credit rating

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with the Federal Fair Credit Reporting Act, a
				  telecommunications company must make available to applicants and subscribers,
				  upon demand, the reasons for credit, deposit, disconnect, and refusal decisions
				  and accept corrections in information upon which such decisions are based, if
				  such corrections are true, correct, and verified.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:06 - Telecommunications records › Section 20:10:06:05 - Telecommunications company's maintenance of records

Current through Register Vol. 51, page 10, July 15, 2024
To assure compliance with the provisions of chapters 20:10:05
				  to 20:10:10, inclusive, all telecommunications companies shall maintain and
				  make available to the commission records of past and current subscribers for a
				  period of six years after provision of service.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:07 - Telecommunications subscriber billing rules › Section 20:10:07:02 - Customer liability

Current through Register Vol. 51, page 10, July 15, 2024
The subscriber is responsible for payment of all charges for
				  telecommunications service rendered, including charges for local messages and
				  long distance messages sent from the subscriber's telephone number and for
				  messages charged to that number for which the charges have been
				  reversed.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:07 - Telecommunications subscriber billing rules › Section 20:10:07:03 - Transmittal of bills

Current through Register Vol. 51, page 10, July 15, 2024
Bills to customers must be typed or machine printed, must be
				  provided monthly to residential customers and at least annually to business
				  customers unless the residential or business customer requests a different time
				  period, and must contain an itemized list of all charges at least annually or
				  at any time the customer requests an itemization. Customer billings sent
				  through the United States mail must be sent in envelopes and must include a
				  return envelope for payment of the customer's bills.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:07 - Telecommunications subscriber billing rules › Section 20:10:07:04 - Disputes

Current through Register Vol. 51, page 10, July 15, 2024
In the event of a dispute between a subscriber and a
				  telecommunications company concerning any bill, the telecommunications company
				  may require the subscriber to pay the undisputed portion of the bill to avoid
				  disconnection of service for nonpayment. The telecommunications company shall
				  make an appropriate investigation and shall report the results of the
				  investigation to the customer and to the commission, if
				  involved.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
Nonpayment of past due bills as reason for disconnection,
					 §
											20:10:10:03(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:07 - Telecommunications subscriber billing rules › Section 20:10:07:05 - Interruptions and refunds

Current through Register Vol. 51, page 10, July 15, 2024
If the subscriber's service is interrupted for reasons other
				  than the subscriber's negligence or a willful act of the subscriber and the
				  service remains out of order for more than 24 hours after being reported or
				  found to be out of order, the telecommunications company shall make an
				  adjustment or refund to the subscriber. The refund to the subscriber shall be
				  the pro rata part of the monthly charge for the period of days and for that
				  portion of the service and facilities rendered useless or inoperative by the
				  outage. The refund may be accomplished by a credit on subsequent bills for
				  telecommunications service.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:02 - Nondiscriminatory credit policy required

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company in the state shall fairly,
				  and without discrimination, administer a credit policy that is easily
				  understandable and that extends telecommunications service to as many South
				  Dakotans as possible. The essential ingredient in each telecommunications
				  company's administration of its credit policy, as specified in this chapter, is
				  the equitable and indiscriminate application of that policy to all applicants
				  for service and subscribers throughout its service area without regard to the
				  economic character of the area or any part of it and without regard to the
				  collective credit reputation of the area in which the applicant for service
				  lives.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:03 - Establishment or reestablishment of satisfactory credit

Current through Register Vol. 51, page 10, July 15, 2024
To establish or reestablish satisfactory credit, a
				  telecommunications company may request that an applicant for service or an
				  existing subscriber:
(1) Make a cash
				deposit or increase a deposit;
(2)
				Be placed on an early payments list in accordance with §
									20:10:08:08; or
(3) Be placed on toll-restricted service.
The telecommunications company must give notice at least 15
				  days before the day a deposit or early payment is required. A subscriber who
				  does not pay a bill in full must comply with the agreements clause in
				  subdivision 20:10:10:03(4).
The telecommunications company shall inform each customer of
				  this rule at the inception of service and in any disconnection notices to
				  enable the customer to avoid disconnection and payment of an additional
				  deposit.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:04 - Means of establishing credit

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company shall determine the credit
				  standing of an applicant for service based on the information about the
				  applicant's prior telecommunications bill payment history if the applicant has
				  had service before or based on toll charges reasonably traced to the applicant
				  but placed from the telephone of another if the applicant has not had service
				  before. Such information shall be the major factor in decisions regarding
				  satisfactory or unsatisfactory credit and deposit amounts. If an applicant for
				  service has no telecommunications credit history, the telecommunications
				  company may, with notice to the applicant, determine the credit standing of the
				  applicant based on other information about the applicant's other utility bill
				  payments or credit history, including reports from consumer reporting agencies
				  subject to the federal Fair Credit Reporting Act,
				  15 U.S.C. §
										1681 et seq (October 26, 1970). The
				  telecommunications company may use employment information to verify names and
				  past addresses of a service applicant.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:05 - Types of credit defined - Deposit requirements

Current through Register Vol. 51, page 10, July 15, 2024
Following are the categories of credit for applicants with
				  past telecommunications service histories, their definitions, and the required
				  deposits:
(1) "Satisfactory credit" is
				defined for the purpose of these rules as no disconnections for nonpayment in
				the most recent year of telecommunications service and fewer than three
				disconnection notices in the most recent year of service. No deposit may be
				required by a telecommunications company if an applicant for service or an
				existing subscriber exhibits satisfactory credit as defined in this
				subdivision;
(2) "Unsatisfactory
				credit" is defined as one or more disconnections in the most recent year of
				telecommunications service or three or more disconnection notices in the most
				recent year of service.
The deposit for unsatisfactory credit may be no more than the
				  estimated cost of service for two months. The estimate shall be based on past
				  telecommunications bill information and computed by multiplying the average
				  monthly bill over the past 12 months times two. If bills for at least 12 months
				  are not available, the company may use the bills that are available. If a
				  subscriber is unable to pay the full amount of the deposit, the company shall
				  accept payment of the deposit in installments over not more than three
				  months.
The telecommunications company shall inform the subscriber of
				  the option of receiving toll-restricted service in lieu of paying a deposit. If
				  the subscriber chooses toll-restricted service and pays bills for service for
				  12 consecutive months without having service disconnected for nonpayment and
				  without receiving three or more disconnection notices, the company shall offer
				  the subscriber full service.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:06 - Deposit policy for applicants with no past service

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant claims no past service, the
				  telecommunications company has no information to dispute this claim, and the
				  company can establish through readily available credit information that the
				  applicant is a high credit risk the telecommunications company may require a
				  deposit based on the average cost of service for two months or $130, whichever
				  is less, payable in up to three monthly installments. The company may require a
				  $25 deposit from an applicant with no past service if the company cannot
				  establish through available credit information any credit risk.
In lieu of a deposit, the telecommunications company may
				  accept an advance payment or a guarantor or may provide toll-restricted
				  service. The telecommunications company shall inform the applicant of the
				  option of receiving toll-restricted service in lieu of paying a deposit. If the
				  applicant chooses toll-restricted service and pays bills for service for 12
				  consecutive months without having service disconnected for nonpayment and
				  without receiving three or more disconnection notices, the company shall offer
				  the applicant full service.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:07 - Deposit if applicant has past experience without liability

Current through Register Vol. 51, page 10, July 15, 2024
In setting a deposit, a telecommunications company may
				  consider the toll experience of an applicant to whom toll expenses have been
				  reasonably traced but who has not been liable. In this case, the company may
				  move from no deposit or the $130 deposit as set forth in §
									20:10:08:06 to a charge that
				  reasonably reflects two months' estimated billing calculated by the method
				  described for the deposit for unsatisfactory credit in §
									20:10:08:05. The
				  telecommunications company shall inform the applicant of the option of
				  receiving toll-restricted service in lieu of paying a deposit. If the applicant
				  chooses toll-restricted service and pays bills for service for 12 consecutive
				  months without having service disconnected for nonpayment and without receiving
				  three or more disconnection notices, the company shall offer the applicant full
				  service.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:08 - Early payment list

Current through Register Vol. 51, page 10, July 15, 2024
Early payment of bills may be required in lieu of a deposit.
				  Early disconnection after early billing is proper if a subscriber fails to pay
				  within the shorter payment period of ten days. However, placement on an early
				  payment list may only apply to those from whom a telecommunications company
				  may, in accordance with this chapter, require a deposit, and such placement
				  must end when an applicant or subscriber establishes credit that would under
				  §
									20:10:08:12 result in the return
				  of a deposit.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:09 - Deposit receipt

Current through Register Vol. 51, page 10, July 15, 2024
Upon receiving a deposit, the telecommunications company
				  shall furnish the applicant with a receipt of deposit.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:10 - Interest to be paid by the telecommunications company

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company shall pay interest on a
				  deposit at the rate of 7 percent per annum. Any change in the rate set by this
				  rule shall affect only those deposits accepted after the change. Interest shall
				  accrue from the day of acceptance of the deposit and shall be available
				  annually upon demand of the subscriber. A company shall not be required to pay
				  interest on a deposit for the 90-day period following disconnection of service,
				  if during such period the utility has made a reasonable effort to refund the
				  deposit. Thereafter, an unclaimed deposit plus accrued interest shall be
				  credited to an appropriate account.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:11 - Refund upon disconnection

Current through Register Vol. 51, page 10, July 15, 2024
After disconnection of service and receipt of the final
				  payment, the telecommunications company shall promptly and automatically refund
				  the subscriber's deposit plus accrued interest, or the balance, if any, in
				  excess of the unpaid bills for service furnished by the utility. A transfer of
				  service from one premise to another within the service area of the utility
				  shall not be deemed a disconnection within the meaning of this chapter, and
				  shall not necessitate the payment of a second deposit unless a final bill has
				  been issued at the first address.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:12 - Refund during service

Current through Register Vol. 51, page 10, July 15, 2024
When the subscriber has paid bills for service for 12
				  consecutive months without having service disconnected for nonpayment and
				  without receiving three or more disconnection notices, the telecommunications
				  company shall promptly and automatically refund the deposit plus accrued
				  interest to the customer in the form of cash or credit to the subscriber's
				  bill. The subscriber shall choose the form of the refund.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:08 - Telecommunications credit › Section 20:10:08:13 - Record of deposit

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company holding a deposit shall keep
				  a record of the deposit until the deposit is refunded. The record shall
				  show:
(1) The name and current billing
				address of each depositor;
(2) The
				amount and date of the deposit;
(3)
				Each transaction concerning the deposit.
The company shall provide each depositor with such
				  information upon termination of the depositor's service.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:09 - Refusal of telecommunications service › Section 20:10:09:03 - Reasons for refusal

Current through Register Vol. 51, page 10, July 15, 2024
Telecommunications service may be refused for one or more of
				  the following reasons:
(1) An
				applicant is indebted to the same telecommunications company for past bills
				incurred and refuses to liquidate the debt;
(2) An applicant refuses to pay a reasonable
				deposit, advance payment, or installation charge;
(3) An applicant, although not personally
				liable to the telecommunications company, is attempting to return service to an
				indebted household and no attempts are forthcoming to liquidate the debt of
				that household;
(4) An applicant is
				unwilling to provide correct information about any of the following:
(a) Past telecommunications
				service;
(b) Previous employment;
				or
(c) Previous address;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:09 - Refusal of telecommunications service › Section 20:10:09:04 - Insufficient reasons for refusal

Current through Register Vol. 51, page 10, July 15, 2024
Any of the following reasons are insufficient for a
				  telecommunications company to refuse service:
(1) Refusal to liquidate a debt to another
				utility, a debt for another class of service, or a debt for other bills not
				based on filed rates or charges except as provided in subdivision
				20:10:09:03(6);
(2) Nonpayment of
				calls reasonably traced to an applicant if the applicant is not
				liable;
(3) Nonpayment of a bill
				for which the applicant is a guarantor unless the guarantor is legally liable
				for a particular bill and has dishonored the obligation to pay;
(4) The request for service is for a dwelling
				at which the former occupant was delinquent; or
(5) The applicant is living with someone
				indebted to the telecommunications company, except in the instance described in
				subdivision 20:10:09:03(3).
In any of these situations, however, if a company has a
				  telecommunications bill payment history to measure or a clearly traced toll
				  experience to consider, it may require a deposit in conformance with §
										20:10:08:04.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:02 - Indiscriminate disconnection prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company shall not make indiscriminate
				  disconnections. The commission does not endorse a policy aimed at collecting
				  every bill when the policy provides for disconnecting nondelinquent services or
				  disconnecting the service of one who is not able to pay a past due
				  bill.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:03 - Nonpayment of past-due bills as reason for disconnection

Current through Register Vol. 51, page 10, July 15, 2024
The following conditions must all be satisfied before a
				  telecommunications company may disconnect a subscriber for nonpayment of a
				  past-due bill:
(1) The subscriber is
				liable by contract for the class and place of service which is about to be
				disconnected and for which payment is past due;
(2) The subscriber has received a payment
				period of not less than 15 days from billing transmittal to due date and an
				additional payment period of not less than 5 days during which the particular
				bill has been owing or a shorter payment period if the subscriber has been
				placed on an early payments list in accordance with the provisions of chapter
				20:10:08. The requirement for the payment period is waived in cases of
				subscriber fraud or illegal use or it is clear that the subscriber is preparing
				to leave without paying a past-due bill;
(3) The subscriber has received written
				notice of the telecommunications company's intention to disconnect, which the
				company has either mailed or delivered to the address to which bills are
				customarily sent or the address where the service is provided. In the case of a
				subscriber's first disconnection, the company shall provide notice by
				telephone, certificate of mailing, or visit.
(4) The subscriber, especially if the
				subscriber claims inability to pay or extenuating circumstances, is unwilling
				to enter into an agreement with the telecommunications company to begin
				liquidating the debt; and
(5) There
				is no bona fide and just dispute surrounding the bill. A dispute is not
				considered bona fide and just if a subscriber does not pay the undisputed
				portion of a bill and does not, within 10 days after notice of the subscriber's
				right to do so, contact the commission about the unresolved dispute.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:04 - Other reasons for disconnection

Current through Register Vol. 51, page 10, July 15, 2024
In addition to nonpayment of past-due bills, a
				  telecommunications company may disconnect a subscriber for any of the following
				  reasons:
(1) Violation of governmental
				or telecommunications company rules set forth in subdivision 20:10:09:03(5).
				Before disconnecting the subscriber, the company must inform the subscriber of
				the violation by telephone or by mail;
(2) Failure to comply with an agreement to
				liquidate a continuing debt as described in subdivision 20:10:10:03(4). Before
				disconnecting the subscriber, the company must attempt to inform the subscriber
				of its intent to disconnect by telephone or mail;
(3) Failure to pay an increased deposit as
				described in §
									20:10:08:03. Before disconnecting
				the subscriber, the company must attempt to inform the subscriber of its intent
				to disconnect by telephone or mail;
(4) Failure to pay an undisputed bill for
				telecommunications charges owed to an interstate carrier, except for
				pay-per-call charges, for whom a telecommunications company is acting as a
				billing agent. Before disconnecting the subscriber, the company must comply
				with the requirements of §
									20:10:10:03.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:05 - Requirements for notice of disconnection

Current through Register Vol. 51, page 10, July 15, 2024
The notice of disconnection sent to a subscriber shall
				  contain a specific explanation of the following:
(1) The particular ground upon which the
				proposed disconnection is based;
(2) The telecommunications company's
				intention to disconnect service unless the subscriber takes corrective
				action;
(3) The corrective action
				which the customer must take to avoid disconnection.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:06 - Disconnection times prohibited

Current through Register Vol. 51, page 10, July 15, 2024
Service may not be disconnected on any Saturday, Sunday, or
				  legal holiday or at any other time that the telecommunications company's
				  business offices are not open to the public.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:07 - Last-minute payments

Current through Register Vol. 51, page 10, July 15, 2024
The subscriber has the right to pay any delinquent bill at
				  any time prior to disconnection in order to preserve uninterrupted service. If
				  a telecommunications company representative is offered payment but does not
				  have the authority to collect bills, the representative shall contact a
				  telecommunications company representative who is authorized to receive such
				  payment and service shall not be disconnected.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:08 - Early disconnection

Current through Register Vol. 51, page 10, July 15, 2024
When a subscriber has accrued an extraordinarily high
				  telecommunications bill for which the subscriber's deposit does not furnish
				  adequate security as required by subdivision 20:10:10:03(2), the
				  telecommunications company may disconnect service before the regular 15-day
				  payment period after giving the subscriber notice and an opportunity to pay the
				  bill.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:09 - Record to be kept

Current through Register Vol. 51, page 10, July 15, 2024
A record of all service disconnections made pursuant to the
				  provisions of §
									20:10:10:08 shall be kept by the
				  telecommunications company for at least six years and shall be made available
				  for inspection at the commission's request.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:10 - Disconnection of telecommunications service › Section 20:10:10:10 - Insufficient reasons for disconnection

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company may not disconnect service to a
				  subscriber solely on the following grounds:
(1) Failure of the subscriber to pay for
				merchandise, pay-per-call charges, or special services purchased from the
				company. Special services do not include charges for telephone installations or
				moves or other acts performed in accordance with tariff filings;
(2) The subscriber's failure to pay for a
				different class of telecommunications service received at a different location;
				or
(3) The subscriber's failure to
				pay a bill for which the subscriber is a guarantor.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:01 - Monthly grain reports required - Contents

Current through Register Vol. 51, page 10, July 15, 2024
On the first day of every month, or within 10 days
				  thereafter, every public grain warehouse licensee shall furnish to the
				  commission in writing upon forms furnished by the commission, or through the
				  use of the online monthly grain report, a report showing the following
				  information as of the last day of the preceding month: the number of bushels of
				  each kind and grade of grain in storage on the last day of the month; the price
				  per bushel or hundred weight which the warehouse upon such date is offering for
				  grain of like kind and grade; the total value of each kind of grain in storage;
				  and the amount of the warehouse licensee's bond held by the public grain
				  warehouse licensee.
General Authority:
SDCL
					 49-43-4.1(1).
Law Implemented:
SDCL
					 49-43-4.1(1),
					 49-43-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:04 - Form of public grain warehouse licensee's bond

Current through Register Vol. 51, page 10, July 15, 2024
The Public Utilities Commission shall furnish the public
				  grain warehouse licensee's bond form required by SDCL
				  49-43-4.3 and the bond form shall
				  contain the following:
(1) Name and
				address of the principal;
(2) Name
				and address of the surety;
(3)
				Purpose of the bond;
(4) Location
				of the warehouse(s);
(5) Starting
				and ending date of the license for which the bond is given;
(6) Amount of the bond;
(7) Bond obligation;
(8) Signatures of the principal and the
				surety;
(9)
				Acknowledgements;
(10) Statutory
				authority for the bond; and
(11) If
				the bond is for both a grain warehouseman's and a grain buyer's license, a
				recitation that the bond amounts are separate and not in the aggregate for both
				bonds.
General Authority:
SDCL
					 49-43-4.1(2).
Law Implemented:
SDCL
					 49-43-4.2,
					 49-43-4.3,
					 49-43-5.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:04.01 - Form of public grain warehouse licensee's additional bond

Current through Register Vol. 51, page 10, July 15, 2024
If a public grain warehouse licensee furnishes an additional
				  bond so that the total bond is equal to one-half of the local market value of
				  grain the warehouse licensee is storing, the additional bond may be an increase
				  rider executed by the corporate surety who issued the original bond filed with
				  the commission or an additional bond executed by a second bondsperson or
				  insurer.
An increase rider or additional bond shall be in
				  substantially the same form as required by §
									20:10:11:04 for original bonds. It
				  shall state the name and location of the warehouse licensee's facilities
				  covered by the bond.
At a minimum, the increase rider or additional bond shall
				  cover defaults occurring during the period beginning 30 days before a monthly
				  grain report showing need for a bond increase is filed with the commission and
				  ending when the total amount of grain stored in the warehouse decreases so that
				  the original bond covers one-half of the local market value of the stored
				  grain.
General Authority:
SDCL
					 49-43-4.1(2).
Law Implemented:
SDCL
					 49-43-4.2,
					 49-43-4.3,
					 49-43-5.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:04.02 - Release of bonds

Current through Register Vol. 51, page 10, July 15, 2024
The commission may release an increase rider or additional
				  bond to the warehouse licensee if it determines, after inspection or the
				  submission of an updated grain report as required by §
									20:10:11:01, that the original
				  bond is adequate to cover one-half of the local market value of grain in the
				  warehouse licensee's facilities.
An original bond filed with the commission for the license
				  year may not be released unless a new bond is executed to replace the original
				  bond for the entire license year.
General Authority:
SDCL
					 49-43-4.1(3).
Law Implemented:
SDCL
					 49-43-4.1(3),
					 49-43-4.3,
					 49-43-5.3.
Claim against warehouseman, SDCL
					 49-43-5.9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:06 - Form of acknowledgement

Current through Register Vol. 51, page 10, July 15, 2024
The surety bonds set forth in §
									20:10:11:04 shall be acknowledged
				  by the principal and the corporate surety before a notary public. The surety
				  shall attach a valid power of attorney.
General Authority:
SDCL
					 49-43-4.1(2).
Law Implemented:
SDCL
					 49-43-4.2,
					 49-43-4.3,
					 49-43-5.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:07 - Corporate surety bond required

Current through Register Vol. 51, page 10, July 15, 2024
The public grain warehouse licensee's bond filed with the
				  commission shall be provided by a corporate surety company authorized to do
				  business in the state of South Dakota.
General Authority:
SDCL
					 49-43-4.1(2).
Law Implemented:
SDCL
					 49-43-4.2,
					 49-43-4.3,
					 49-43-5.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:08 - Posting of license required

Current through Register Vol. 51, page 10, July 15, 2024
The license granted to a public grain warehouse licensee
				  shall be posted for public view in a conspicuous place in the public grain
				  warehouse licensee's place of business at all times.
General Authority:
SDCL
					 49-43-4.1(4).
Law Implemented:
SDCL
					 49-43-4.2,
					 49-43-4.3,
					 49-43-5.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:09 - License revocation, suspension, or insolvency - Notice to receipt holders and surety

Current through Register Vol. 51, page 10, July 15, 2024
Following the revocation or suspension of a public grain
				  warehouse license, the commission shall notify each outstanding warehouse
				  receipt holder, each open storage scale ticket holder, each grain bank
				  depositor, and the surety named in the public grain warehouse licensee's bond
				  of the license revocation or suspension. The commission may recommend that
				  receipt holders, open storage scale ticket holders, and grain bank depositors
				  remove all stored grain from the warehouse by a designated date. No grain may
				  thereafter be removed or released from storage without prior commission
				  authorization. If the commission has knowledge of any acts of insolvency by a
				  public grain warehouse licensee, including the filing of a petition in
				  bankruptcy naming the warehouse licensee as debtor, the commission shall notify
				  the surety named in the warehouse licensee's bond of such acts. Notices
				  required by this section shall be by first class mail.
General Authority:
SDCL
					 49-43-4.1(5).
Law Implemented:
SDCL
					 49-43-5.6,
					 49-43-5.8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:09.01 - Pending transfer of ownership ? Notice to receipt holders and surety

Current through Register Vol. 51, page 10, July 15, 2024
At least 30 days before the transfer of ownership of a public
				  grain warehouse licensed by the commission, the warehouse licensee shall
				  notify, in writing, each outstanding warehouse receipt holder, each open
				  storage scale ticket holder, each grain bank depositor and surety named in the
				  public grain warehouse bond of the pending transfer of ownership. A public
				  grain warehouse licensee which transfers ownership of a public grain warehouse
				  licensed by the commission shall notify the commission of the pending transfer
				  seven days before notifying outstanding warehouse receipt holders and the
				  surety named in the public grain warehouse bond.
General Authority:
SDCL
					 49-43-4.1(5).
Law Implemented:
SDCL
					 49-43-4.2,
					 49-43-4.3,
					 49-43-4.4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:10 - License suspension or revocation - Notice to public

Current through Register Vol. 51, page 10, July 15, 2024
Following the suspension or revocation of a public grain
				  warehouse license, notice thereof shall be posted by an agent or employee of
				  the commission in a conspicuous place on the premises of each location where
				  grain is received. If necessary to protect the public, the notice shall also be
				  published by the commission in at least one newspaper of general circulation in
				  the area served by the grain warehouse.
General Authority:
SDCL
					 49-43-4.1(5).
Law Implemented:
SDCL
					 49-43-4.1(5),
					 49-43-4.5,
					 49-43-5.6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:11 - Requirements for warehouse receipts

Current through Register Vol. 51, page 10, July 15, 2024
Grain warehouse receipts shall be in a form approved by the
				  commission.
General Authority:
SDCL
					 49-43-4.1(6).
Law Implemented:
SDCL
					 49-43-2.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:12 - Issuance of warehouse receipts and scale tickets

Current through Register Vol. 51, page 10, July 15, 2024
Any warehouse receipts issued by a public grain warehouse
				  licensee shall be numbered consecutively. Receipts bearing the same number may
				  not be issued by the same public grain warehouse during any one year. When
				  issuing warehouse receipts, the original receipt shall be given to the owner of
				  grain deposited for storage, and at least one copy of the receipt shall be
				  retained by the public grain warehouse licensee as a part of its records. Upon
				  receipt of grain, each public grain warehouse licensee shall by conspicuous
				  language indicate in writing on each scale ticket if the grain received is to
				  be stored on a warehouse receipt, placed in open storage, or sold. The grain
				  warehouse licensee shall clearly mark in writing on each scale ticket whether
				  the grain received is to be stored or sold. If no indication is made on the
				  scale ticket at the time of delivery the grain shall be considered placed in
				  open storage. Each scale ticket issued by any public grain warehouse licensee
				  shall also conspicuously bear the following language: This scale ticket is not
				  negotiable.
General Authority:
SDCL
					 49-43-4.1(6).
Law Implemented:
SDCL
					 49-43-2.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:12.01 - Numbering of receipts - No duplication

Current through Register Vol. 51, page 10, July 15, 2024
Electronic warehouse receipts shall be numbered and shall be
				  issued consecutively starting with the number specified to the provider by the
				  commission. A warehouse operator may not have an electronic warehouse receipt
				  and a paper warehouse receipt outstanding for the same lot of
				  grain.
General Authority:
SDCL
					 49-43-2.1,
					 49-43-4.1(6),
					 49-43-56.
Law Implemented:
SDCL
					 49-43-2.1,
					 49-43-4.1(6),
					 49-43-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:12.02 - Power of attorney requirement

Current through Register Vol. 51, page 10, July 15, 2024
A warehouse operator or a third party may not handle
				  electronic warehouse receipts on behalf of a depositor unless a written power
				  of attorney to do so has been provided by the depositor. The power of attorney
				  shall be provided to the commission for inspection and verification upon the
				  commission's request.
General Authority:
SDCL
					 49-43-2.1,
					 49-43-4.1(6),
					 49-43-56.
Law Implemented:
SDCL
					 49-43-2.1,
					 49-43-4.1(6),
					 49-43-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:13 - Specifications for temporary public grain storage units

Current through Register Vol. 51, page 10, July 15, 2024
A temporary public grain storage unit is defined as a public
				  grain warehouse which does not have a roof, permanent foundation, or sidewalls
				  which are permanently attached to the foundation. Each temporary public grain
				  storage unit must be bonded and licensed and must meet the following
				  specifications:
(1) Each temporary
				storage unit must contain aeration equipment;
(2) Each temporary storage unit must have an
				asphalt, concrete, compacted limestone, or fly ash base which meets the
				following minimum specifications;
(a) Any base
				must be of such depth and compaction as to permit trucks or other heavy
				equipment used in loading or unloading to move over the base without breaking,
				cracking, sinking in, or chipping the base;
(b) The depth of a limestone base must be at
				least 4 inches;
(c) The slope of
				any base must be sufficient to allow for proper drainage from the center to the
				edge of the base; and
(d) Drainage
				away from the base must be provided to prevent any water from standing or
				backing up underneath the grain;