South Dakota Administrative Code

Rule 20:10:01:07.01 Contents of consumer complaint. 20:10:01:07.01. Contents of consumer complaint. A consumer complaint shall be in writing and filed with the commission. A consumer complaint shall contain: (1) The full name, address, and telephone number of each complainant, in…

Rule 20:10:01:08 Repealed. 20:10:01:08. Legal representation and verification of complaints.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985. Rule 20:10:01:08.01 Commission action on consumer complaints. 20:10:01:08.01. Commission action on …

Rule 20:10:01:08.01 Commission action on consumer complaints. 20:10:01:08.01. Commission action on consumer complaints. Upon the filing of a consumer complaint, the commission shall attempt to settle the complaint without formal action. If the consumer complaint cannot be properl…

Rule 20:10:01:08.02 Complaints not in conformity. 20:10:01:08.02. Complaints not in conformity. If the commission believes a complaint does not conform to this chapter, the commission shall notify the complainant or the complainant's attorney, and opportunity shall be given to am…

Rule 20:10:01:09 Service of consumer complaint -- Service of other complaints. 20:10:01:09. Service of a consumer complaint -- Service of other complaints For a consumer complaint, the commission shall forward a copy of the complaint to the respondent and a notice requiring the r…

Rule 20:10:01:09.01 Service of documents by the commission. 20:10:01:09.01. Service of documents by the commission. The commission shall serve all documents electronically unless a person is unable to receive documents electronically, a document may not practicably be transmitted…

Rule 20:10:01:10 Actions which satisfy complaint. 20:10:01:10. Actions which satisfy complaint. 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 o…

Rule 20:10:01:11 Repealed. 20:10:01:11. Information to be included in answer.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985. Rule 20:10:01:11.01 Defenses to complaint. 20:10:01:11.01. Defenses to complaint. The defenses set forth in SDCL 1…

Rule 20:10:01:11.01 Defenses to complaint. 20:10:01:11.01. Defenses to complaint. 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 …

20:10:01:12. Applications for new rates. Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 125, effective May 6, 2024.

Rule 20:10:01:13 Repealed. 20:10:01:13. Disposition of applications.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:01:14 Adjournment and extensions. 20:10:01:14. Adjournment and extensions. Adjournments and extensions of time may be granted upon application of a party, in the discretion of the commission. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 1…

Rule 20:10:01:15 Opportunity for hearing. 20:10:01:15. Opportunity for hearing. 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 thi…

Rule 20:10:01:15.01 Burden in contested case proceeding. 20:10:01:15.01. Burden in contested case proceeding. In any contested case proceeding, the complainant, counterclaimant, applicant, or petitioner has the burden of going forward with presentation of evidence unless otherwis…

Rule 20:10:01:15.02 Intervention. 20:10:01:15.02. Intervention. 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 fi…

Rule 20:10:01:15.03 Contents of petition to intervene. 20:10:01:15.03. Contents of petition to intervene. 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…

Rule 20:10:01:15.04 Answer to petition to intervene. 20:10:01:15.04. Answer to petition to intervene. 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 o…

Rule 20:10:01:15.05 Commission action on petition to intervene. 20:10:01:15.05. Commission action on petition to intervene. 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…

Rule 20:10:01:15.06 Individual's right to appear. 20:10:01:15.06. Individual's right to appear. 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 int…

Rule 20:10:01:16 Amendments. 20:10:01:16. Amendments. 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 p…

Rule 20:10:01:16.01 Response to amended pleadings. 20:10:01:16.01. Response to amended pleadings. 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, whiche…

Rule 20:10:01:17 Subpoenas. 20:10:01:17. Subpoenas. 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 …

Rule 20:10:01:17.01 Commission action on subpoena request. 20:10:01:17.01. Commission action on subpoena request. 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…

20:10:01:17.02. Service of subpoena. A subpoena must 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…

Rule 20:10:01:18 Repealed. 20:10:01:18. Settling without hearing.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:01:19 Stipulation. 20:10:01:19. Stipulation. 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.…

Rule 20:10:01:20 Repealed. 20:10:01:20. How depositions are to be taken.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:01:21 Repealed. 20:10:01:21. Manner of completing depositions.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:01:22 Repealed. 20:10:01:22. Depositions from foreign country.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985. Rule 20:10:01:22.01 Discovery -- Order to compel. 20:10:01:22.01. Discovery -- Order to compel. A party may obtain dis…

Rule 20:10:01:22.01 Discovery -- Order to compel. 20:10:01:22.01. Discovery -- Order to compel. 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 procee…

Rule 20:10:01:22.02 Notice of hearing. 20:10:01:22.02. Notice of hearing. 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, unle…

Rule 20:10:01:22.03 Manner of service. 20:10:01:22.03. Manner of service. 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 attorne…

Rule 20:10:01:22.04 Change in time and place of hearing. 20:10:01:22.04. Change in time and place of hearing. 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 g…

Rule 20:10:01:22.05 Hearing -- Opening statement. 20:10:01:22.05. Hearing -- Opening statement. 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. Fu…

Rule 20:10:01:22.06 Written testimony. 20:10:01:22.06. Written testimony. 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…

Rule 20:10:01:22.07 Exhibits at hearing. 20:10:01:22.07. Exhibits at hearing. 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…

Rule 20:10:01:23 Documentary evidence. 20:10:01:23. Documentary evidence. 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…

Rule 20:10:01:24 Procedure for filing documentary evidence. 20:10:01:24. Procedure for filing documentary evidence. 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…

Rule 20:10:01:24.01 Technical matter must be in exhibits. 20:10:01:24.01. Technical matter must be in exhibits. 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 suppl…

Rule 20:10:01:24.02 Receipt of evidence. 20:10:01:24.02. Receipt of evidence. Evidence shall be received in the order determined by the commission or presiding officer at the hearing. Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:20, 12 SDR 85, effecti…

Rule 20:10:01:24.03 Documentary exhibits furnished after close of hearing. 20:10:01:24.03. Documentary exhibits furnished after close of hearing. Documentary evidence may be submitted subsequent to the closing of the hearing upon stipulation of the parties or order of the commiss…

Rule 20:10:01:25 Briefs. 20:10:01:25. Briefs. 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 b…

Rule 20:10:01:26 Repealed. 20:10:01:26. Investigations on own motion.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:01:27 Repealed. 20:10:01:27. Transcripts.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 55, effective November 7, 1982. Rule 20:10:01:27.01 Reopening of the record. 20:10:01:27.01. Reopening of the record. Any time after any matter is taken under advisement and…

Rule 20:10:01:27.01 Reopening of the record. 20:10:01:27.01. Reopening of the record. 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…

Rule 20:10:01:28 Compliance with orders. 20:10:01:28. Compliance with orders. 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 wit…

Rule 20:10:01:29 Rehearing or reconsideration. 20:10:01:29. Rehearing or reconsideration. 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…

Rule 20:10:01:30 Repealed. 20:10:01:30. Applications for rehearing.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985. Rule 20:10:01:30.01 Application for rehearing or reconsideration. 20:10:01:30.01. Application for rehearing or reconsiderati…

Rule 20:10:01:30.01 Application for rehearing or reconsideration. 20:10:01:30.01. Application for rehearing or reconsideration. 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 wi…

Rule 20:10:01:30.02 Answer to application for rehearing or reconsideration. 20:10:01:30.02. Answer to application for rehearing or reconsideration. Within 20 days following service of an application for rehearing or reconsideration, any party may file with the commission an answe…