South Dakota Administrative Code

Rule 20:10:10:03 Nonpayment of past-due bills as reason for disconnection. 20:10:10:03. Nonpayment of past-due bills as reason for disconnection. The following conditions must all be satisfied before a telecommunications company may disconnect a subscriber for nonpayment of a pas…

Rule 20:10:10:04 Other reasons for disconnection. 20:10:10:04. Other reasons for disconnection. 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 telecommunicati…

Rule 20:10:10:05 Requirements for notice of disconnection. 20:10:10:05. Requirements for notice of disconnection. The notice of disconnection sent to a subscriber shall contain a specific explanation of the following: (1) The particular ground upon which the proposed disconnectio…

Rule 20:10:10:06 Disconnection times prohibited. 20:10:10:06. Disconnection times prohibited. 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. Source: …

Rule 20:10:10:07 Last-minute payments. 20:10:10:07. Last-minute payments. 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 d…

Rule 20:10:10:08 Early disconnection. 20:10:10:08. Early disconnection. 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 telecommunica…

Rule 20:10:10:09 Record to be kept. 20:10:10:09. Record to be kept. 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 com…

Rule 20:10:10:10 Insufficient reasons for disconnection. 20:10:10:10. Insufficient reasons for disconnection. 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-cal…

Rule 20:10:11:01 Monthly grain reports required -- Contents. 20:10:11:01. Monthly grain reports required -- Contents. 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 furnish…

Rule 20:10:11:02 Repealed. 20:10:11:02. Personal surety bond requirements.Repealed. Source: 9 SDR 55, effective November 7, 1982; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:11:03 Repealed. 20:10:11:03. Form of public storage warehouse licensee's bond. Repealed. Source: 12 SDR 85, retroactively effective July 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 40, effective October 14, 1986; 24 SDR 190, effective July 15, 1998;…

Rule 20:10:11:04 Form of public grain warehouse licensee's bond. 20:10:11:04. Form of public grain warehouse licensee's bond. 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 t…

Rule 20:10:11:04.01 Form of public grain warehouse licensee's additional bond. 20:10:11:04.01. Form of public grain warehouse licensee's additional bond. If a public grain warehouse licensee furnishes an additional bond so that the total bond is equal to one-half of the local mar…

Rule 20:10:11:04.02 Release of bonds. 20:10:11:04.02. Release of bonds. 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…

Rule 20:10:11:05 Repealed. 20:10:11:05. Alternative form permissible.Repealed. Source: 12 SDR 85, retroactively effective July 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 40, effective October 14, 1986; repealed, 24 SDR 190, effective July 15, 1998.

Rule 20:10:11:06 Form of acknowledgement. 20:10:11:06. Form of acknowledgement. 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. Source: 12 SDR 85…

Rule 20:10:11:07 Corporate surety bond required. 20:10:11:07. Corporate surety bond required. 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. Source: 12 SD…

Rule 20:10:11:08 Posting of license required. 20:10:11:08. Posting of license required. 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. Source:…

Rule 20:10:11:09 License revocation, suspension, or insolvency -- Notice to receipt holders and surety. 20:10:11:09. License revocation, suspension, or insolvency -- Notice to receipt holders and surety. Following the revocation or suspension of a public grain warehouse license, …

Rule 20:10:11:09.01 Pending transfer of ownership -- Notice to receipt holders and surety. 20:10:11:09.01. Pending transfer of ownership – Notice to receipt holders and surety. At least 30 days before the transfer of ownership of a public grain warehouse licensed by the commissio…

Rule 20:10:11:10 License suspension or revocation -- Notice to public. 20:10:11:10. License suspension or revocation -- Notice to public. Following the suspension or revocation of a public grain warehouse license, notice thereof shall be posted by an agent or employee of the comm…

Rule 20:10:11:11 Requirements for warehouse receipts. 20:10:11:11. Requirements for warehouse receipts. Grain warehouse receipts shall be in a form approved by the commission. Source: 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 1…

Rule 20:10:11:12 Issuance of warehouse receipts and scale tickets. 20:10:11:12. Issuance of warehouse receipts and scale tickets. Any warehouse receipts issued by a public grain warehouse licensee shall be numbered consecutively. Receipts bearing the same number may not be issued…

Rule 20:10:11:12.01 Numbering of receipts -- No duplication. 20:10:11:12.01. Numbering of receipts -- No duplication. Electronic warehouse receipts shall be numbered and shall be issued consecutively starting with the number specified to the provider by the commission. A warehous…

Rule 20:10:11:12.02 Power of attorney requirement. 20:10:11:12.02. Power of attorney requirement. 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 depos…

Rule 20:10:11:13 Specifications for temporary public grain storage units. 20:10:11:13. Specifications for temporary public grain storage units. A temporary public grain storage unit is defined as a public grain warehouse which does not have a roof, permanent foundation, or sidewa…

Rule 20:10:11:14 Financial statement requirements. 20:10:11:14. Financial statement requirements. Each applicant for a public grain warehouse license shall submit financial statements for the most recently completed year of operation. The statements shall be prepared by a certifi…

Rule 20:10:11:15 Financial criteria for licensing. 20:10:11:15. Financial criteria for licensing. At a minimum, the applicant's balance sheet must show a positive net worth. In determining net worth, the commission may disallow the following assets if the assets are withdrawals o…

Rule 20:10:11:16 Seasonal emergency storage. 20:10:11:16. Seasonal emergency storage. A public grain warehouse may store grain outside on a seasonal emergency storage basis between July 1 and January 31 without having to comply with § 20:10:11:13. Seasonal emergency storage is al…

Rule 20:10:11:17 Non-seasonal emergency storage. 20:10:11:17. Non-seasonal emergency storage. A public grain warehouse may submit an application to the commission for approval to store grain outside on a non-seasonal emergency storage basis between February 1 and June 30 without …

Rule 20:10:11:18 Request for waiver. 20:10:11:18. Request for waiver. A licensed public grain warehouse operator may request a waiver of any rule in this chapter. The commission may grant a waiver if it finds that the waiver would not be detrimental to depositors and is in the pu…

Rule 20:10:12:01 Repealed. 20:10:12:01. Application of grain dealers' law.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

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

Rule 20:10:12:03 Repealed. 20:10:12:03. Unauthorized purchase of grain defined.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:12:04 Repealed. 20:10:12:04. Identifying decals provided.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:12:05 Form of grain buyer's bond. 20:10:12:05. Form of grain buyer's bond. The Public Utilities Commission shall furnish the grain buyer's bond form required by SDCL 49-45-9 and the bond form shall contain the following: (1) Name and address of the principal; (2) Name …

Rule 20:10:12:05.01 Form of grain buyer's additional bond. 20:10:12:05.01. Form of grain buyer's additional bond. If a licensed grain buyer furnishes an additional bond to add locations or to bring the bond amount into compliance with the requirements of SDCL 49-45-9, or both, th…

Rule 20:10:12:05.02 Release of bond. 20:10:12:05.02. Release of bonds. 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. Source: 40 SDR 39, effective Septembe…

Rule 20:10:12:06 Repealed. 20:10:12:06. Alternative bond form permissible.Repealed. Source: 12 SDR 85, retroactively effective July 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 24 SDR 190, effective July 15, 1998.

Rule 20:10:12:07 Form of acknowledgement. 20:10:12:07. Form of acknowledgement. The surety bonds set forth in § 20:10:12:05 shall be acknowledged by the principal and the corporate surety before a notary public. The surety shall attach a valid power of attorney. Source: 12 SDR 85…

Rule 20:10:12:08 Corporate surety required. 20:10:12:08. Corporate surety required. The grain buyer's bond filed with the commission shall be provided by a corporate surety company authorized to do business in the state of South Dakota. Source: 12 SDR 85, retroactively effective …

Rule 20:10:12:09 Posting of license required. 20:10:12:09. Posting of license required. Grain buyers which operate a grain warehouse building shall post the grain buyer's license issued by the commission in a conspicuous location in the warehouse building. Source: 12 SDR 85, effe…

Rule 20:10:12:10 Repealed. 20:10:12:10. Placement of grain buyer decals. Repealed. Source: 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 48, effective September 9, 2008; repealed, 40 SDR 39, effective September 9, 2013.

Rule 20:10:12:11 Repealed. 20:10:12:11. Replacement decals. Repealed. Source: 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 48, effective September 9, 2008; repealed, 40 SDR 39, effective September 9, 2013.

Rule 20:10:12:12 Repealed. 20:10:12:12. Return of decals required after license revocation. Repealed. Source: 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 48, effective September 9, 2008; repealed, 40 SDR 39, effective September 9…

Rule 20:10:12:13 Notice required to credit seller of grain. 20:10:12:13. Notice required to credit seller of grain. The terms of a voluntary credit sale of grain shall contain the following statement: "This contract is not protected by South Dakota statutory bond coverages." This…

Rule 20:10:12:14 Financial statement requirements. 20:10:12:14. Financial statement requirements. Each applicant for a public grain buyer's license shall submit financial statements for the most recently completed year of operation. The financial statements may not be prepared by…

20:10:12:15. Financial criteria for licensing. For a class A license, the applicant's balance sheet must show a positive net worth of at least $250,000. However, to offer voluntary credit sale contracts, a class A license applicant's balance sheet must show a positive net worth o…

Rule 20:10:12:16 Notice of license and regulation by the commission. 20:10:12:16. Notice of license and regulation by the commission. A grain buyer shall keep posted at all times in a conspicuous place in its facility, a printed notice that it is a bonded grain buyer licensed and…

Rule 20:10:12:17 Request for waiver of rule. 20:10:12:17. Request for waiver of rule. A licensed grain buyer may request a waiver of any rule in this chapter. The commission may grant a waiver if it finds that the waiver would not be detrimental to grain sellers and is in the pub…