reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:10 - Actions which satisfy complaint

Current through Register Vol. 51, page 10, July 15, 2024
The respondent shall, within the time specified by §
									20:10:01:09, satisfy the complaint
				  by making reparation for the injury alleged to have been done, correcting the
				  wrong complained of, or answering the complaint by filing the answer with the
				  commission and serving a copy on each complainant. If a respondent satisfies a
				  complaint before or after answering, a written acknowledgment showing the
				  character and extent of the satisfaction must be filed by the complainant, and
				  a statement of the facts and manner of satisfaction may be filed as an answer.
				  Upon approval of the commission, the complaint shall be
				  dismissed.
General Authority:
SDCL
					 49-1-11(2),(4),
					 49-34A-4(6).
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-13-1,
					 49-13-3,
					 49-34A-4(6).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:11.01 - Defenses to complaint

Current through Register Vol. 51, page 10, July 15, 2024
The defenses set forth in SDCL 15-6-12(b) may be raised by
				  motion to dismiss or answer, at the option of the respondent. All other
				  defenses to the complaint shall be raised by answer. The motion to dismiss or
				  answer, accompanied by proof of service on the complainant, shall be filed with
				  the commission. The answer shall specifically admit or specifically deny
				  material allegations of the complaint and may also contain a statement of new
				  matters constituting an affirmative defense. If the respondent has no
				  information or belief on the subject sufficient to enable the respondent to
				  answer an allegation of the complaint, the respondent may so state in the
				  answer and deny the allegation on that ground.
General Authority:
SDCL
					 49-1-11(2),(4),
					 49-34A-4(6).
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-13-1,
					 49-34A-4(6).
Service of a consumer complaint -- Service of other
					 complaints, §
											20:10:01:09.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-10-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:14 - Adjournment and extensions

Current through Register Vol. 51, page 10, July 15, 2024
Adjournments and extensions of time may be granted upon
				  application of a party, in the discretion of the commission.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:15 - Opportunity for hearing

Current through Register Vol. 51, page 10, July 15, 2024
In any contested case proceeding held before the commission,
				  the commission shall give the parties an opportunity for a hearing conducted in
				  accordance with the provisions of SDCL chapter 1-26 and this
				  chapter.
General Authority:
SDCL
					 49-1-11(2),(4),
					 49-34A-4(6).
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-13-1,
					 49-13-4,
					 49-34A-4(6).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:15.01 - Burden in contested case proceeding

Current through Register Vol. 51, page 10, July 15, 2024
In any contested case proceeding, the complainant,
				  counterclaimant, applicant, or petitioner has the burden of going forward with
				  presentation of evidence unless otherwise ordered by the commission. The
				  complainant, counterclaimant, applicant, or petitioner has the burden of proof
				  as to factual allegations which form the basis of the complaint, counterclaim,
				  application, or petition. In a complaint proceeding, the respondent has the
				  burden of proof with respect to affirmative defenses.
General Authority:
SDCL
					 49-1-11(2),(4),
					 49-34A-4.
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-34A-61.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:15.02 - Intervention

Current through Register Vol. 51, page 10, July 15, 2024
A person who is not an original party to a proceeding before
				  the commission and who claims an interest in a pending proceeding may petition
				  the commission for leave to intervene. The petition to intervene shall be filed
				  with the commission within the time specified in the commission's weekly
				  filings, public notice, or by applicable statute, rule, or order. The petition
				  shall show service upon all parties to the proceeding. A petition to intervene
				  which is not timely filed with the commission may be granted by the commission
				  if granting the intervention will not unduly prejudice the rights of other
				  parties to the proceeding or if denial of the petition is shown to be
				  detrimental to the public interest.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 1-26-17.1,
					 49-1-11(2),(4),
					 49-34A-13.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:15.03 - Contents of petition to intervene

Current through Register Vol. 51, page 10, July 15, 2024
A petition to intervene shall set out clearly and concisely
				  the facts supporting the petitioner's alleged interest in the proceeding and,
				  to the extent known, the position of the petitioner in the proceeding. The
				  petition shall also show service upon all parties to the
				  proceeding.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 1-26-17.1,
					 49-34A-13.1.
Manner of service, §
					 20:10:01:22.03.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:15.04 - Answer to petition to intervene

Current through Register Vol. 51, page 10, July 15, 2024
A party to a proceeding may, unless otherwise ordered by the
				  commission, file an answer to a petition to intervene on or before the hearing
				  date or within 15 days after service of the petition, whichever is earlier. The
				  answer shall show service upon all parties to the proceeding.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 1-26-17.1,
					 49-1-11(2),(4),
					 49-34A-13.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:15.05 - Commission action on petition to intervene

Current through Register Vol. 51, page 10, July 15, 2024
As soon as practicable after the expiration of the time for
				  filing an answer to a petition for intervention, the commission shall grant or
				  deny the petition in whole or in part.
A petition to intervene shall be granted by the commission if
				  the petitioner shows that the petitioner is specifically deemed by statute to
				  be interested in the matter involved, that the petitioner is specifically
				  declared by statute to be an interested party to the proceeding, or that by the
				  outcome of the proceeding the petitioner will be bound and affected either
				  favorably or adversely with respect to an interest peculiar to the petitioner
				  as distinguished from an interest common to the public or to the taxpayers in
				  general.
A person granted leave to intervene in whole or in part is an
				  intervener and is a party to the proceeding. As a party, an intervener is
				  entitled to notice of hearing, to appear at the hearing, to examine and
				  cross-examine witnesses, to present evidence in support of the person's
				  interest, to compel attendance of witnesses and production of evidence, to
				  submit briefs, to make and argue motions and objections, and to all other
				  rights granted to parties by statute or this chapter.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 1-26-17.1,
					 49-1-11(2),(4),
					 49-34A-13.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:15.06 - Individual's right to appear

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding §
									20:10:01:15.02, an individual,
				  customer or ratepayer, or governmental representative shall be permitted to
				  appear in person without filing a petition for leave to intervene, if the
				  person makes a full disclosure of identity and the person's interest in the
				  proceeding and if the contentions of the person are reasonably pertinent to the
				  issues presented and the right to broaden the issues is disclaimed. Any person
				  appearing pursuant to this section may not be afforded the status of a party to
				  the proceedings.
General Authority:
SDCL
					 49-1-11(2).
Law Implemented:
SDCL
					 49-1-11(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:16 - Amendments

Current through Register Vol. 51, page 10, July 15, 2024
A pleading may be amended once as a matter of right if filed
				  and served prior to the filing of a responsive pleading or within 20 days from
				  the date the pleading was filed and served, whichever is earlier. After such
				  time, a pleading may be amended by stipulation of the parties or upon
				  application of a party and at the discretion of the
				  commission.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:16.01 - Response to amended pleadings

Current through Register Vol. 51, page 10, July 15, 2024
A party shall plead in response to an amended pleading within
				  the time remaining for response to the original pleading or within 10 days
				  after service of the amended pleading, whichever time is the longer, unless
				  otherwise ordered by the commission.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
Amendments, §
											20:10:01:16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:17 - Subpoenas

Current through Register Vol. 51, page 10, July 15, 2024
Subpoenas requiring the attendance of witnesses and the
				  production of records, books, papers, tariffs, agreements, contracts, and
				  documents may be issued by an attorney consistent with SDCL 15-6-45(a) or any
				  commissioner on the written request of any party in any proceeding before the
				  commission.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 1-26-19.1,
					 49-1-8.2,
					 49-1-11(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:17.01 - Commission action on subpoena request

Current through Register Vol. 51, page 10, July 15, 2024
The commission on its own motion, or on motion timely made,
				  may quash a subpoena if it is unreasonable or oppressive, or the commission may
				  require the party in whose behalf the subpoena is issued to pay in advance the
				  reasonable cost of witness fees in accordance with SDCL 15-6-45(c) and of
				  producing the records, books, papers, documents, or tangible
				  things.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 1-26-19.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:17.02 - Service of subpoena

Current through Register Vol. 51, page 10, July 15, 2024
A subpoena shall be served and enforced in the manner
				  prescribed by law for subpoenas in civil actions. If a person fails to comply
				  with a subpoena served upon the person, the commission may stay further
				  proceedings until the subpoena is obeyed. If a person who fails to obey the
				  subpoena is a party to the proceeding or an officer, member, or employee of a
				  party, the commission may strike all or any part of any pleading of the party,
				  refuse to allow the party to support or oppose designated claims or defenses,
				  or delay the proceeding or any part of it.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 1-26-19.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:19 - Stipulation

Current through Register Vol. 51, page 10, July 15, 2024
The parties to any proceeding or investigation before the
				  commission may, by stipulation in writing filed with the commission or entered
				  on the record, agree upon the facts or any portion thereof involved in the
				  controversy. Such stipulation shall be regarded and used as evidence at the
				  hearing. However, the commission may refuse to be bound by such stipulation and
				  make such investigation and require such additional evidence as it may deem
				  necessary.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:22.01 - Discovery - Order to compel

Current through Register Vol. 51, page 10, July 15, 2024
A party may obtain discovery from another party without
				  commission approval. The commission at its discretion, either upon its own
				  motion or for good cause shown by a party to a proceeding, may issue an order
				  to compel discovery. The taking and use of discovery shall be in the same
				  manner as in the circuit courts of this state.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 1-26-19.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:22.02 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
Except as otherwise provided by statute, written notice of
				  hearing shall be served upon all parties and such other persons as the
				  commission directs, at least 10 days prior to the date set for hearing, unless
				  the commission determines a shorter or longer period of notice for good cause.
				  The notice shall contain the contents required by SDCL
				  1-26-17.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 1-26-16,
					 1-26-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:22.03 - Manner of service

Current through Register Vol. 51, page 10, July 15, 2024
An initial pleading in a proceeding requiring service upon a
				  person other than the commission shall be served either personally or by mail
				  as provided by SDCL 15-6-5(b). When a party has appeared by attorney, service
				  upon the attorney is proper service. Service shall be evidenced by a
				  certificate of service. Except in the case of a consumer complaint proceeding
				  or as otherwise provided in this chapter, all pleadings and documents in a
				  proceeding after the initial pleading shall be served electronically.
				  Electronic service shall be effected by attaching the pleading or document as a
				  .pdf file or other commonly used file type to an email that is addressed and
				  transmitted to the email address of the party provided pursuant to §
									20:10:01:02.03. Any document
				  containing colored graphics such as a map, that is larger than eight and
				  one-half by fourteen inches, or that otherwise may not practicably be served by
				  email attachment or printed by the receiving party shall be served by mail. If
				  a party or the attorney of a party does not have the capability to effect
				  electronic service, the party or attorney shall provide notice of such fact to
				  the commission and the other parties and such party may then serve and receive
				  service by mail. Upon the request of a party or the commission, a party shall
				  provide a paper copy of a particular document to the requesting
				  party.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:22.04 - Change in time and place of hearing

Current through Register Vol. 51, page 10, July 15, 2024
Changes in the time and place of the first session of the
				  hearing in any proceeding shall be granted only for good cause shown. Notices
				  of changes in time and place, if granted, shall be made to all parties to the
				  proceeding and to persons who have appeared or who have petitions to intervene
				  pending before the commission. The commission, upon its own motion and adequate
				  notice to the parties, may change the time and place of any
				  session.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:22.05 - Hearing - Opening statement

Current through Register Vol. 51, page 10, July 15, 2024
A hearing shall be opened with a concise statement of its
				  nature and purpose. Appearances shall be entered on the record. Parties may
				  make opening statements or appropriate motions. Further oral arguments may be
				  given at the discretion of the commission.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:22.06 - Written testimony

Current through Register Vol. 51, page 10, July 15, 2024
When ordered by the commission in a particular proceeding,
				  testimony and exhibits shall be prepared in written form, filed with the
				  commission, and served on all parties prior to the commencement of hearing on
				  such dates as the commission prescribes by order. The front page of all
				  prefiled testimony shall show the docket number, docket name, and name of the
				  witness.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 1-26-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:22.07 - Exhibits at hearing

Current through Register Vol. 51, page 10, July 15, 2024
When exhibits have been prepared to be used at the hearing
				  either as evidence or for illustrative purposes, or both, the parties shall
				  have the exhibits marked prior to the hearing. If the exhibits have not
				  previously been served on the other parties and filed with the commission, the
				  party using exhibits shall provide copies of the exhibits at the hearing to the
				  commissioners, commission and staff attorneys, the court reporter, and each
				  party in the proceeding. If enlarged exhibits have been prepared for the
				  hearing, copies of enlarged exhibits shall be reduced or folded to 8 1/2 inches
				  by 11 inches in size prior to the hearing. If a party in a hearing does not
				  follow the requirements of this section, the commission may or may not accept
				  the exhibits at the hearing.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:23 - Documentary evidence

Current through Register Vol. 51, page 10, July 15, 2024
Where relevant and material matter offered in evidence is
				  contained in a lengthy book or document containing other matters not material
				  or relevant and not intended to be put in evidence, the document shall not be
				  filed. The party offering such evidence shall present to opposing parties and
				  to the commission, in proper form for filing, true copies of such material and
				  relevant matter only, so long as such copies are otherwise
				  admissible.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 1-26-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:24 - Procedure for filing documentary evidence

Current through Register Vol. 51, page 10, July 15, 2024
Any party wishing to introduce in evidence in any hearing
				  before the commission any exhibit or document of any kind that has not
				  previously been served on the other parties and filed with the commission, must
				  furnish, in addition to the original exhibit to be filed and incorporated into
				  the record in the case, five copies for use of the commission and a copy for
				  adverse counsel or parties.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 1-26-19,
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:24.01 - Technical matter must be in exhibits

Current through Register Vol. 51, page 10, July 15, 2024
When evidence to be presented consists of technical material
				  or figures, the evidence shall be presented in exhibit form. The technical
				  material or figures may be supplemented and explained, but not duplicated, by
				  oral testimony. Unless the commission otherwise orders, when technical material
				  or figures have been compiled by the use of a computer program, an electronic
				  copy of the evidence shall be provided to the commission and other parties that
				  permits the receiving parties and commission to fully electronically access the
				  data and formulae used in the evidence. A party may petition the commission for
				  relief from the requirement to provide full electronic
				  access.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 1-26-19,
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:24.02 - Receipt of evidence

Current through Register Vol. 51, page 10, July 15, 2024
Evidence shall be received in the order determined by the
				  commission or presiding officer at the hearing.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 1-26-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:24.03 - Documentary exhibits furnished after close of hearing

Current through Register Vol. 51, page 10, July 15, 2024
Documentary evidence may be submitted subsequent to the
				  closing of the hearing upon stipulation of the parties or order of the
				  commission or presiding officer.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 1-26-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:25 - Briefs

Current through Register Vol. 51, page 10, July 15, 2024
The commission in its discretion may order the filing of
				  written briefs and when so ordering shall fix the due dates for filing. Briefs
				  shall contain the following matters: statement of the case; abstract of the
				  evidence relied upon by the party filing the brief; specific citations to facts
				  contained in the record; and arguments, including references to decisions of
				  the commission, other commissions, or the courts. If requested by the
				  commission, the parties shall file proposed findings of fact. The requested
				  findings must be stated separately and numbered. The briefs shall be filed with
				  the commission and a copy shall be served on each party. Certification of
				  service shall be filed with the briefs.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 49-1-11(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:27.01 - Reopening of the record

Current through Register Vol. 51, page 10, July 15, 2024
Any time after any matter is taken under advisement and
				  before a decision of the commission is entered, the commission may, on its own
				  motion or for good cause shown by a party to the proceeding, order that the
				  record be reopened and the matter set for further hearing.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:28 - Compliance with orders

Current through Register Vol. 51, page 10, July 15, 2024
A party named in an order issued by the commission shall
				  promptly notify the executive director if the party has failed to comply with
				  the order or anticipates that the party may be unable to comply with the order.
				  If a change in any rate, rule, practice, regulation, or classification is
				  required, a notification to the executive director must be given in addition to
				  the filing of the proper tariffs.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 49-1-11(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:29 - Rehearing or reconsideration

Current through Register Vol. 51, page 10, July 15, 2024
A party to a proceeding before the commission may apply for a
				  rehearing or reconsideration as to any matter determined by the commission and
				  specified in the application for the rehearing or reconsideration. The
				  commission may grant reconsideration or rehearing on its own motion or pursuant
				  to a written petition if there appears to be sufficient reason for rehearing or
				  reconsideration.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 49-1-11(4),
					 49-28-53,
					 49-34A-61.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:30.01 - Application for rehearing or reconsideration

Current through Register Vol. 51, page 10, July 15, 2024
An application for a rehearing or reconsideration shall be
				  made only by written petition by a party to the proceeding. The application
				  shall be filed with the commission within 30 days from the issuance of the
				  commission decision or order. An application for rehearing or reconsideration
				  based upon claim of error shall specify all findings of fact and conclusions of
				  law claimed to be erroneous with a brief statement of the ground of error. An
				  application for rehearing or reconsideration based upon newly discovered
				  evidence, upon facts and circumstances arising subsequent to the hearing, or
				  upon consequences resulting from compliance with the decision or order, shall
				  set forth fully the matters relied upon. The application shall show service on
				  each party to the proceeding.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 49-1-11(4),
					 49-34A-61.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:30.02 - Answer to application for rehearing or reconsideration

Current through Register Vol. 51, page 10, July 15, 2024
Within 20 days following service of an application for
				  rehearing or reconsideration, any party may file with the commission an answer
				  to the application. The answer shall show service on each party to the
				  proceeding.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 49-1-11(4),
					 49-28-53,
					 49-34A-61.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:32 - Information provided by commission

Current through Register Vol. 51, page 10, July 15, 2024
The executive director of the commission shall, upon request,
				  advise any party as to the form of any petition, answer, or other document or
				  paper necessary to be filed in any proceeding.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 49-1-11(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:34 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person wishing the commission to issue its ruling as to
				  the applicability to that person of any statutory provision or rule or order of
				  the commission may file with the commission a petition for declaratory ruling.
				  The petition shall contain the following:
(1) The state statute or commission rule or
				order in question;
(2) The facts
				and circumstances which give rise to the issue to be answered by the
				commission; and
(3) The precise
				issue to be answered by the commission's declaratory ruling.
General Authority:
SDCL
					 49-1-11(5).
Law Implemented:
SDCL
					 1-26-15,
					 49-1-11(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:35 - Commission action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition for declaratory ruling, the
				  commission may request from petitioner further information as may be required
				  for the issuance of its ruling. Unless the petitioner agrees to a longer period
				  of time, the commission shall issue its declaratory ruling within 60 days after
				  the filing of the petition or within 60 days following the receipt of further
				  requested information.
General Authority:
SDCL
					 49-1-11(5).
Law Implemented:
SDCL
					 1-26-15,
					 49-1-11(5).
Declaratory Ruling:
The Public Utilities
					 Commission has filed a declaratory ruling with the Legislative Research Council
					 in the matter of the petition of West River Electric Association, Inc. for a
					 ruling regarding service territory rights concerning Black Hills Power, Inc.
					 and West River Electric Association, Inc. The Commission declared that the
					 provision of electric service by Black Hills Power, Inc. to a certain portion
					 of the Rapid City Waste Treatment Facility violated SDCL
					 49-34A-42 by rendering electric
					 service at retail within the territory of West River Electric Association, Inc.
					 Declaratory Ruling EL02-003 dated September 24, 2002. The commission's
					 Declaratory Ruling EL02-003 was reversed by the South Dakota Supreme Court in
In re West River Elec. Ass'n. Inc., 2004 SD 11, 675 N.W. 2d 222, Util.
					 L. Rep. P 26,872.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:36 and 20:10:01:37 - Commission action on petition.Superseded

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
SDCL
					 1-26-13 provides a statutory
					 procedure to use for petitioning an agency for amendments to its rules, thus
					 effectively superseding the above two
					 sections.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:39 - Confidential information defined

Current through Register Vol. 51, page 10, July 15, 2024
All facts, information, reports, orders, memoranda books,
				  accounts, documents, and computer peripherals of any nature in the possession
				  of the commission are available for examination by the public except the
				  following:
(1) Personal information in
				confidential personnel records of the commission;
(2) Communications between counsel retained
				by the commission or staff and the commission and staff;
(3) Any information, records, or documents
				that constitute the work product of an attorney;
(4) Trade secrets or other confidential
				research, development, or commercial information recognized and protected by
				SDCL 15-6-26(c)(7) or other law;
(5) Information which is made confidential
				under any other provisions of state or federal law; and
(6) Information which is determined by the
				commission to be confidential and entitled to protection from disclosure or
				improper use.
General Authority:
SDCL
					 49-1-11(6).
Law Implemented:
SDCL
					 49-1-11(6).
Records open to inspection, SDCL
					 1-27-1.
Records declared confidential or secret, SDCL
					 1-27-3.
Discovery pending action, SDCL 15-6-26.
Attorney's duty to respect client's confidence, SDCL
					 16-18-18.
Lawyer-client privilege, SDCL 19-13-2 to 19-13-4,
					 inclusive.
Privilege of trade secrets -- Protective measures if
					 disclosure directed, SDCL
					 19-13-20.
Uniform Trade Secrets Act, SDCL
					 37-29-1 to
					 37-29-11,
					 inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:40 - Confidential treatment of information

Current through Register Vol. 51, page 10, July 15, 2024
Information filed as a paper copy that is afforded
				  confidential treatment shall be kept in separate, sealed envelopes and marked
				  confidential.
General Authority:
SDCL
					 49-1-11(6).
Law Implemented:
SDCL
					 49-1-11(6).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:41 - Requests for confidential treatment of information by a submitting party

Current through Register Vol. 51, page 10, July 15, 2024
A request by a submitting party for confidential treatment of
				  information shall be made by submitting the material to the commission along
				  with the following information:
(1) An
				identification of the document and the general subject matter of the materials
				or the portions of the document for which confidentiality is being
				requested;
(2) The length of time
				for which confidentiality is being requested and a request for handling at the
				end of that time. This does not preclude a later request to extend the period
				of confidential treatment;
(3) The
				name, address, and phone number of a person to be contacted regarding the
				confidentiality request;
(4) The
				statutory or common law grounds and any administrative rules under which
				confidentiality is requested. Failure to include all possible grounds for
				confidential treatment does not preclude the party from raising additional
				grounds in the future; and
(5) The
				factual basis that qualifies the information for confidentiality under the
				authority cited.
Information shall be sent to the commission's executive
				  director, unless another person is designated. Each page must clearly be marked
				  "confidential" in large, bold letters. Information submitted by mail or hand
				  delivery must be in a separate, sealed envelope and clearly state in large,
				  bold letters on the envelope that confidential treatment is requested. If filed
				  electronically, the information must be filed as a separate
				  document.
General Authority:
SDCL
					 49-1-11(6).
Law Implemented:
SDCL
					 49-1-11(6).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:41.1 - Requests for confidential treatment of information by a non-submitting party

Current through Register Vol. 51, page 10, July 15, 2024
A request by a non-submitting party for confidential
				  treatment of information shall be made by submitting the request to the
				  commission along with the following information:
(1) An identification of the document and the
				general subject matter of the materials or the portions of the document for
				which confidentiality is being requested;
(2) The length of time for which
				confidentiality is being requested and a request for handling at the end of
				that time. This does not preclude a later request to extend the period of
				confidential treatment;
(3) The
				name, address, and phone number of a person to be contacted regarding the
				confidentiality request;
(4) The
				statutory or common law grounds and any administrative rules under which
				confidentiality is requested. Failure to include all possible grounds for
				confidential treatment does not preclude the party from raising additional
				grounds in the future; and
(5) The
				factual basis that qualifies the information for confidentiality under the
				authority cited.
General Authority:
SDCL
					 49-1-11(6).
Law Implemented:
SDCL
					 49-1-11(6).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:42 - Requirements for proving confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
A request for confidentiality generates confidential
				  treatment of information pursuant to §
									20:10:01:40, but it does not
				  constitute a determination that the information is or is not confidential. The
				  information will be treated as confidential and shall not be released until
				  after a confidentiality determination has been made. The commission shall
				  determine confidentiality after a request for access to the information is
				  received. The party requesting confidentiality has the burden of proving by a
				  preponderance of the evidence that the information qualifies as confidential
				  information by showing that disclosure would result in material damage to its
				  financial or competitive position, reveal a trade secret, or impair the public
				  interest.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:43 - Requests for access to confidential information

Current through Register Vol. 51, page 10, July 15, 2024
Requests for access to confidential information shall be
				  handled as follows:
(1) The request
				shall be filed with the commission's executive director;
(2) After a request for access to
				confidential information has been made, the commission may establish a
				procedural schedule for the purposes of determining confidentiality;
(3) The commission shall issue a protective
				order for information that it determines to be confidential. The protective
				order may contain procedures for handling the information and for controlling
				access to it for hearing purposes. Any information subject to a protective
				order is treated as confidential;
(4) Upon a determination that the information
				is not confidential, the information shall be afforded confidential treatment
				for an additional period of ten days or for a longer period as ordered by the
				commission to give the party asserting confidentiality an opportunity to seek
				review by the court; and
(5) If the
				commission has made a prior ruling that the information is confidential, the
				commission may take notice of the prior ruling. The commission shall consider
				whether or not the circumstances of the request are the same as in the prior
				ruling in determining what weight, if any, should be given to the prior
				ruling.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:44 - Use of confidential information in commission orders

Current through Register Vol. 51, page 10, July 15, 2024
Commission orders which rely on confidential information
				  shall be drafted so as not to disclose the confidential information. Techniques
				  which may be used to prevent the disclosure of information in commission orders
				  include use of industry data which obscures the sources of specific data, use
				  of range data which brackets specific values, and use of generalized
				  descriptions which do not identify specific confidential information with its
				  source.
If confidential information cannot be adequately protected by
				  use of drafting techniques, the order shall include an appendix which sets
				  forth the specific information on which the commission has relied. Such an
				  appendix shall be treated as confidential.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:45 - Order to show cause - Service, notice, contents

Current through Register Vol. 51, page 10, July 15, 2024
Upon complaint or on its own motion, the commission may issue
				  and serve an order to show cause upon the person named in the complaint,
				  subject to the commission's lawful regulatory authority. The order shall be
				  served at least ten days before the hearing unless otherwise ordered. The order
				  shall include a notice of the time and place of the hearing. The order shall
				  require the person complained of to appear at the time and place fixed in the
				  notice and to show cause why the proposed action should not be taken. The order
				  shall refer to an attached copy of a verified complaint or other notice,
				  affidavit, or official document in such a way as to inform the party of the
				  charge or violation upon which the order is based and issued.
After the hearing the commission shall enter its decision
				  either dismissing the complaint or entering an order directing the action
				  specified in the order to show cause.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:05 - General telecommunications company rules › Section 20:10:05:01 - Scope and application

Current through Register Vol. 51, page 10, July 15, 2024
Chapters 20:10:05 to 20:10:10, inclusive, apply to all
				  telecommunications companies certified within the state of South Dakota which
				  are regulated by the commission for noncompetitive and emerging competitive
				  telecommunications services as they provide or withhold credit and service to
				  their customers. However, chapters 20:10:05 to 20:10:10, inclusive, do not
				  apply to telecommunications companies exempt from commission regulation under
				  SDCL 49-31-5.1 or to access services
				  subject to commission regulation under SDCL
				  49-31-15,
				  49-31-17,
				  49-31-18, or
				  49-31-19. The provisions in
				  chapters 20:10:05 to 20:10:10 do not relieve a telecommunications company from
				  any of its duties under the laws of the state of South Dakota. If unreasonable
				  hardship to a telecommunications service applicant, subscriber, or
				  telecommunications company results from complying with any commission rule in
				  chapters 20:10:05 to 20:10:10, inclusive, application may be made to the
				  commission for modification of the rule or for temporary exemption from its
				  requirement.
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 20:10:05:03 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  49-31-1 have the same meaning in
				  chapters 20:10:05 to 20:10:10, inclusive. In addition, terms used in chapters
				  20:10:05 to 20:10:10, inclusive, and SDCL chapter 49-31 mean:
(1) "Advance payment," a payment made upon
				application for service which is applied toward the first telecommunications
				bill;
(2) "Applicant," one who is
				applying for telecommunications service;
(3) "Billing transmittal date," the date a
				telecommunications company mails a bill;
(4) "Class of service," either business or
				residential telecommunications service;
(5) "Deposit," a payment an applicant makes
				to a telecommunications company upon application for or during
				telecommunications service which is held by the company until the subscriber
				establishes satisfactory credit or ends service;
(6) "Disconnection," the termination of
				telecommunications service;
(7)
				"Due date," the date at least 15 days after the billing transmittal date by
				which payment of the bill is due;
(8) "Early payments list," a list containing
				the names of telecommunications subscribers who must pay their bills in a
				shorter period of time than subscribers who have established satisfactory
				credit;
(9) "Household," a family
				or a group of people who live together in a dwelling;
(10) "Refusal," the act of refusing to
				provide telecommunications service to an applicant;
(11) "Subscriber," one who is currently
				receiving telecommunications service;
(12) "Tariff," a published schedule of rates
				and charges for telecommunications services including associated rules which is
				issued by a telecommunications company and filed with the commission;
(13) "Toll bills," bills for long distance
				calls;
(14) "Toll-restricted
				service," a telecommunications service that allows the placement of local calls
				but does not allow the placement of 1+ toll calls from the subscriber's
				telephone.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-5.