South Dakota Administrative Code

Rule 20:10:01:31 Repealed. 20:10:01:31. Applications for rehearing because of new circumstances.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

20:10:01:32. Information provided by commission. The executive director of the commission shall, upon request, provide a party with information regarding the proper filing of pleadings with the commission. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SD…

Rule 20:10:01:33 Repealed. 20:10:01:33. Address of commission.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:01:34 Petition for declaratory ruling. 20:10:01:34. Petition for declaratory ruling. 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 …

Rule 20:10:01:35 Commission action on petition. 20:10:01:35. Commission action on petition. 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…

Rule 20:10:01:36 Superseded. 20:10:01:36. Petition for initiation, repeal, or amendment of rules.Superseded.

Rule 20:10:01:37 Superseded. 20:10:01:37. Commission action on petition.Superseded. 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.

Rule 20:10:01:38 Repealed. 20:10:01:38. Judicial review.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:01:39 Confidential information defined. 20:10:01:39. Confidential information defined. All facts, information, reports, orders, memoranda books, accounts, documents, and computer peripherals of any nature in the possession of the commission are available for examinatio…

Rule 20:10:01:40 Confidential treatment of information. 20:10:01:40. Confidential treatment of information. Information filed as a paper copy that is afforded confidential treatment shall be kept in separate, sealed envelopes and marked confidential. Source: 16 SDR 148, effective…

20:10:01:41. Requests for confidential treatment of information by a submitting party. 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 …

20:10:01:41.01. Requests for confidential treatment of information by a non-submitting party. 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 ident…

Rule 20:10:01:42 Requirements for proving confidentiality. 20:10:01:42. Requirements for proving confidentiality. A request for confidentiality generates confidential treatment of information pursuant to § 20:10:01:40, but it does not constitute a determination that the informati…

Rule 20:10:01:43 Requests for access to confidential information. 20:10:01:43. Requests for access to confidential information. Requests for access to confidential information shall be handled as follows: (1) The request shall be filed with the commission's executive director; (2…

Rule 20:10:01:44 Use of confidential information in commission orders. 20:10:01:44. Use of confidential information in commission orders. Commission orders which rely on confidential information shall be drafted so as not to disclose the confidential information. Techniques which…

Rule 20:10:01:45 Order to show cause -- Service, notice, contents. 20:10:01:45. Order to show cause -- Service, notice, contents. 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 …

Rule 20:10:05:01 Scope and application. 20:10:05:01. Scope and application. 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 competi…

Rule 20:10:05:02 Repealed. 20:10:05:02. Saving clause.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:05:03 Definitions. 20:10:05:03. Definitions. 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 paym…

Rule 20:10:05:04 Indebted household defined. 20:10:05:04. Indebted household defined. 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 whe…

Rule 20:10:05:05 Pay-per-call service defined. 20:10:05:05. Pay-per-call service defined. 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…

Rule 20:10:06:01 Repealed. 20:10:06:01. Definitions.Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 21 SDR 81, effective November 3, 1994.

Rule 20:10:06:02 Public information. 20:10:06:02. Public information. 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…

Rule 20:10:06:03 Review. 20:10:06:03. Review. 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 a…

Rule 20:10:06:04 Knowledge of credit rating. 20:10:06:04. Knowledge of credit rating. 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…

Rule 20:10:06:05 Telecommunications company's maintenance of records. 20:10:06:05. Telecommunications company's maintenance of records. To assure compliance with the provisions of chapters 20:10:05 to 20:10:10, inclusive, all telecommunications companies shall maintain and make a…

Rule 20:10:07:01 Repealed. 20:10:07:01. Definitions.Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 21 SDR 81, effective November 3, 1994.

Rule 20:10:07:02 Customer liability. 20:10:07:02. Customer liability. 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 …

Rule 20:10:07:03 Transmittal of bills. 20:10:07:03. Transmittal of bills. 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 diff…

Rule 20:10:07:04 Disputes. 20:10:07:04. Disputes. 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 ser…

Rule 20:10:07:05 Interruptions and refunds. 20:10:07:05. Interruptions and refunds. 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 b…

Rule 20:10:08:01 Repealed. 20:10:08:01. Definitions.Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 21 SDR 81, effective November 3, 1994.

Rule 20:10:08:02 Nondiscriminatory credit policy required. 20:10:08:02. Nondiscriminatory credit policy required. Each telecommunications company in the state shall fairly, and without discrimination, administer a credit policy that is easily understandable and that extends telec…

Rule 20:10:08:03 Establishment or reestablishment of satisfactory credit. 20:10:08:03. Establishment or reestablishment of satisfactory credit. To establish or reestablish satisfactory credit, a telecommunications company may request that an applicant for service or an existing s…

Rule 20:10:08:04 Means of establishing credit. 20:10:08:04. Means of establishing credit. 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 t…

Rule 20:10:08:05 Types of credit defined -- Deposit requirements. 20:10:08:05. Types of credit defined -- Deposit requirements. Following are the categories of credit for applicants with past telecommunications service histories, their definitions, and the required deposits: (1) …

Rule 20:10:08:06 Deposit policy for applicants with no past service. 20:10:08:06. Deposit policy for applicants with no past service. If an applicant claims no past service, the telecommunications company has no information to dispute this claim, and the company can establish thr…

Rule 20:10:08:07 Deposit if applicant has past experience without liability. 20:10:08:07. Deposit if applicant has past experience without liability. In setting a deposit, a telecommunications company may consider the toll experience of an applicant to whom toll expenses have bee…

Rule 20:10:08:08 Early payment list. 20:10:08:08. Early payment list. 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 a…

Rule 20:10:08:09 Deposit receipt. 20:10:08:09. Deposit receipt. Upon receiving a deposit, the telecommunications company shall furnish the applicant with a receipt of deposit. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective J…

Rule 20:10:08:10 Interest to be paid by the telecommunications company. 20:10:08:10. Interest to be paid by the telecommunications company. 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 …

Rule 20:10:08:11 Refund upon disconnection. 20:10:08:11. Refund upon disconnection. 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 balan…

Rule 20:10:08:12 Refund during service. 20:10:08:12. Refund during service. 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 telecommunication…

Rule 20:10:08:13 Record of deposit. 20:10:08:13. Record of deposit. 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 amoun…

Rule 20:10:09:01 Repealed. 20:10:09:01. Definitions.Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 21 SDR 81, effective November 3, 1994.

Rule 20:10:09:02 Repealed. 20:10:09:02. When service may be refused.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:09:03 Reasons for refusal. 20:10:09:03. Reasons for refusal. 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 deb…

Rule 20:10:09:04 Insufficient reasons for refusal. 20:10:09:04. Insufficient reasons for refusal. 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 serv…

Rule 20:10:10:01 Repealed. 20:10:10:01. Definitions.Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 21 SDR 81, effective November 3, 1994.

Rule 20:10:10:02 Indiscriminate disconnection prohibited. 20:10:10:02. Indiscriminate disconnection prohibited. A telecommunications company shall not make indiscriminate disconnections. The commission does not endorse a policy aimed at collecting every bill when the policy provi…