Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-13-1 Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints
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Any person complaining of anything done or omitted by any telecommunications company or motor carrier subject to the provisions of this title in contravention of the provisions thereof, may apply to the commission for relief. No complaint may at any time be dismissed because of t…
SDCL § 49-13-1.1 Complaint to commission or suit by private person--Election of remedies
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Any person claiming to be damaged by any telecommunications company or motor carrier may either make complaint to the commission or may bring suit on his own behalf for the recovery of damages in any court of competent jurisdiction in this state, but no person may pursue both rem…
SDCL § 49-13-13 Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply
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If, after a hearing pursuant to this chapter, it appears to the satisfaction of the commission that anything has been done or omitted to be done in violation of the provisions of laws of this state, or that any individual or joint rate or charge demanded, charged, collected, or r…
SDCL § 49-13-14 Determination of damages--Order directing payment
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The commission may determine the extent of any injury or damage which it finds to have been sustained by any person, telecommunications or motor carrier. If the commission determines that any person is entitled to reparation or to an award of damages, the commission shall make an…
SDCL § 49-13-14.2 Necessity for demand before suit
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If a telecommunications company or motor carrier is liable under § 49-13-14.1 , a demand in writing on the telecommunications company shall be made for the money damages sustained before suit is brought for recovery under § 49-13-14.1 , and no suit may be brought until the expira…
SDCL § 49-13-16 Presumption of validity of order--Burden to prove invalidity
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If any action or proceeding or order of the commission comes into question, the validity of the order is presumed. It is not necessary to allege or prove any fact upon which the validity of the order depends, but the burden is upon the party claiming the order to be invalid to pl…
SDCL § 49-13-17 Failure to obey order--Application to court for mandamus--Order directing payment of money excepted
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If a commission order is in effect, other than one for payment of money, and a telecommunications company or motor carrier violates or neglects that order, the commission or any interested person or a person injured by the telecommunications company or motor carrier's failure to …
SDCL § 49-13-18 Issuance of mandamus or other proper process
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If, after hearing, the court to which the application was made pursuant to § 49-13-17 determines that the commission's order was made and served upon the telecommunications company or motor carrier and the telecommunications company or motor carrier fails to obey, the court shall…
SDCL § 49-13-19 Enforcement of mandamus or other proper process for failure to obey
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If a telecommunications company or motor carrier disobeys the writ of mandamus or other proper process, mandatory or otherwise, issued pursuant to § 49-13-18 , the court may issue writs of attachment or other process of the court incident or applicable to writs of mandamus or oth…
SDCL § 49-13-20 Money judgment for default in compliance--Disposition of money
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The court which issues the writ of mandamus or other proper process, mandatory or otherwise, pursuant to § 49-13-18 , may make an order directing the telecommunications company or motor carrier or other person disobeying the writ or other process to pay a sum of money not exceedi…
SDCL § 49-13-21 Recovery of moneys by attachment or execution--Appeal to Supreme Court
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Any payment ordered pursuant to § 49-13-20 may, without any prejudice to any other mode of recovery, be enforced by attachment or order in the nature of a writ of execution, in the same manner that it would be recovered by a final judgment in personam in the circuit court. The co…
SDCL § 49-13-22 Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees
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In no case may security for an appeal under § 49-13-21 be required in an appeal taken by the commission but no appeal to the Supreme Court may operate to stay or supersede the order of the court, or the execution of any writ or process thereon, and the court may in every such mat…
SDCL § 49-13-23 Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses
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If a petition under § 49-13-17 is filed, presented, or to be prosecuted by the commission, by its initiative, the commission may require the attorney general to prosecute. In the prosecution, the attorney general may request the assistance of the state's attorney of that county i…
SDCL § 49-13-24 Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions
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If any telecommunications company or motor carrier does not comply with an order for the payment of money by the commission within the time limit of the order, any person for whose benefit the order was made may file in any court of competent jurisdiction of this state a petition…
SDCL § 49-13-25 Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence
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In the trial of an action pursuant to § 49-13-24 , the evidence introduced in the proceedings before the commission shall constitute the record and evidence on the trial of the case in court. No additional evidence other than that introduced before the commission may be introduce…
SDCL § 49-13-26 Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees
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The plaintiff in a suit pursuant to § 49-13-24 is not liable for costs at any stage of the proceedings unless the costs accrue on appeal to the Supreme Court, and if the plaintiff eventually prevails, he shall be allowed reasonable attorney fees to be taxed and collected as a par…
SDCL § 49-13-27 Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties
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In all suits pursuant to § 49-13-24 , all parties in whose favor the commission has made an award of damages to a single order may be joined as plaintiffs, and all parties against whom the order awarding the damages is made, may be joined as defendants. The suits may be maintaine…
SDCL § 49-13-3 Compliance by telecommunications company or carrier as exoneration only for particular violation complained of
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If a telecommunications company or motor carrier complained of pursuant to § 49-13-1 shall, within the time specified, make reparation for the injury alleged to have been done or shall correct the wrong complained of, such telecommunications company or motor carrier shall be reli…
SDCL § 49-13-4 Investigation of complaint--Inquiry without complaint
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If any telecommunications company or motor carrier complained of pursuant to § 49-13-1 does not satisfy the complaint within the time specified, or there appears to be any reasonable grounds for investigating the complaint, the commission shall investigate the matters complained …
SDCL § 49-13-5 Authority of commission on inquiry without complaint
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The commission may proceed with an inquiry instituted on its own motion as though it had been appealed to by complaint, including the power to make and enforce any order concerning any matter upon which the inquiry is made. Source: SDC 1939, § 52.0301; SL 1987, ch 345 , § 21.
SDCL § 49-13-6 Docket--Contents--Index
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The commission shall keep a docket in which shall be entered all matters coming before it for determination, with the date of the filing of each paper and the final action of the commission in the matter. In connection with such docket there shall be kept a carefully prepared ind…
SDCL § 49-13-7 Record--Contents--Transcript of evidence
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In any action or proceeding based upon a complaint which comes before the commission, the commission shall keep a full, true, and verbatim record of all evidence introduced at any hearing or trial and prepare and file as a part of its record in the action or proceeding a true and…
SDCL § 49-13-9 Hearing before any commissioner
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Any trial, hearing or investigation based upon a complaint may be held before any commissioner. Source: SDC 1939, § 52.0308; SL 1987, ch 345 , § 24.
SDCL § 49-13-9.1 Corporations and business entities may appear without counsel in certain cases
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In any complaint to the commission by any person claiming to be damaged by any telecommunications company or motor carrier in which damages in the amount of three thousand dollars, or less, are claimed, any corporation, cooperative corporation, limited liability company, or limit…