Title 49, PUBLIC UTILITIES AND CARRIERS

Section 49-7-2 and §§ 49-7-11 to 49-7-21 , inclusive, are applicable to corporations, partnerships, or individuals insofar as the provisions apply to a right - of - way on school and public lands for the construction, operation, or maintenance of telecommunications or electric tr…

Terms used in this chapter mean: (1) "Bar test survey," a leakage survey completed with a non-conductive piece of equipment made by driving or boring small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample o…

Compliance with this chapter and the rules promulgated pursuant thereto does not excuse a person from acting in a careful and prudent manner nor does compliance with this chapter and the rules promulgated pursuant thereto affect any civil remedies otherwise provided by law for pe…

If any underground facility is damaged, dislocated, or disturbed in advance of or during excavation work, the excavator shall immediately notify the one-call notification center and, if known, the operator of the facility of the damage, dislocation, or disturbance. No excavator m…

If in the course of excavation the excavator is unable to locate the underground facility or discovers that the operator of the underground facility has incorrectly located the underground facility, he shall promptly notify the operator, or, if unknown, the one - call notificatio…

This chapter does not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before excavation. However, a permit issued by any governing body does not relieve the excavator from complying with the requirements of this chapter. Source: S…

Any person owning or operating underground facilities, including a farm tap customer owning a farm tap distribution system, which serves third parties or which crosses a property line or is located in a public highway shall register with the one call notification system as an ope…

Any person with a complaint against a party who violates or with a complaint against a party who procures, aids, or abets in the violation of § 49-7A-2 , 49-7A-5 , 49-7A-8 , or 49-7A-12 , or any rules promulgated pursuant to § 49-7A-2 , 49-7A-5 , or 49-7A-8 , may apply to the boa…

Except as provided in § 49-7A-19 and in addition to all other penalties provided by law, any person who violates or who procures, aids, or abets in the violation of § 49-7A-2 , 49-7A-5 , 49-7A-8 , or 49-7A-12 , or any rules promulgated pursuant to § 49-7A-2 , 49-7A-5 , or 49-7A-8…

In addition to all other penalties provided by law, any person who intentionally violates or who intentionally procures, aids, or abets in the violation of § 49-7A-2 , 49-7A-5 , 49-7A-8 , or 49-7A-12 , or any rules promulgated pursuant to § 49-7A-2 , 49-7A-5 , or 49-7A-8 may be a…

The Statewide One-Call Notification Board is administered by the Department of Public Safety and funded by revenue generated by the one-call notification center. The department shall assist the board and coordinate the development of the statewide one-call notification system. Th…

Each violation of any statute or rule of the Statewide One - Call Notification Board constitutes a separate offense. In the case of a continuing violation, each day that the violation continues constitutes a separate violation. Source: SL 2002, ch 211 , § 14.

No penalty may be imposed pursuant to §§ 49-7A-18 and 49-7A-19 except by order following a complaint pursuant to § 49-7A-17 . A complaint alleging a violation of any statute, except § 49-7A-12 , or alleging a violation of any rule of the Statewide One-Call Notification Board shal…

Upon the initiation of a complaint pursuant to § 49-7A-17 , a panel of three or five members of the Statewide One - Call Notification Board shall be appointed by the chair for the purpose of determining whether there is probable cause to believe there has been a violation of any …

Upon receipt of a complaint and the appointment of a panel, the panel shall forward to the respondent a statement of the complaint and a notice requiring the respondent to satisfy the complaint or answer it in writing within twenty days from the date of service of the notice or w…

The respondent shall, within the time fixed by the notice served upon it, satisfy the complaint or answer the complaint by filing the original and two copies of the answer in the office of the board and serving a copy on each complainant. Source: SL 2002, ch 211 , § 18.

A determination of probable cause shall be made by the panel solely on these submissions and no other evidence shall be considered. Source: SL 2002, ch 211 , § 19.

The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be: (1) The amount of damage, degree of threat to the public safety, and inconvenience caused; (2) The respondent's plans…

The board shall accept the recommendations of the panel unless either party requests a hearing. A party requests a hearing by rejecting the panel's recommendation within twenty days from the date of service of the notice. However, the board may extend the time period for requesti…

If the amount of the penalty is not paid to the board, the board, shall bring an action in the name of the State of South Dakota to recover the penalty in accordance with § 49-7A-33 . No action may be commenced until after the time has expired for an appeal from the findings, con…

In the trial of an action pursuant to § 49-7A-28 , the evidence introduced in the proceedings before the board shall constitute the record and evidence on the trial of the case in court. No additional evidence other than that introduced before the board may be introduced at the c…

The one - call notification center shall be governed by an eleven member board who shall serve without pay. The board shall consist of one member representing telecommunication companies offering local exchange service to less than fifty thousand subscribers; one member represent…

The board 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 board in the matter. In connection with such docket, there shall be kept a carefully prepared index in whi…

In any action or proceeding based upon a complaint which comes before the board, the board 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 correct t…

Either party may request the removal of a board member from any hearing based on a conflict of interest. Source: SL 2002, ch 211 , § 26.

A demand in writing on the party shall be made for the assessed penalty before suit is brought for recovery under § 49-7A-28 . No suit may be brought until the expiration of thirty days after the demand. Source: SL 2002, ch 211 , § 27.

Any action or proceeding or order of the Statewide One - Call Notification Board raises a presumption of validity. The burden is upon the party claiming the order to be invalid to plead and prove the facts establishing the invalidity. Source: SL 2002, ch 211 , § 28.

On the first day of January of each year, the board shall make an annual report of its activities to the Governor and the Legislature containing the facts, statements, and explanations deemed necessary by the board to fully disclose its transactions and conduct. Source: SL 2018, …

The One - Call Notification Board shall by rules, promulgated pursuant to chapter 1-26 , establish the procedures to operate a nonprofit one - call notification center, establish the procedures that regulate the notification process and marking of underground facilities to preven…

No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone or by other methods approved by the board, pursuant to rules promulgated pursuant to chapter 1-26 , to the one-c…

No operator may be billed for the costs of any notification of excavation if the location of the excavation described in the notice is different than the one call center's record of the description of the location of the operator's underground facilities. Source: SL 2001, ch 251 …

The one - call notification center shall: (1) File with the register of deeds of each county the toll - free telephone number for notification of planned excavation activities in its area; (2) Maintain adequate records documenting compliance with the requirements of this chapter,…

An operator shall, upon receipt of the notice, advise the excavator of the location of underground facilities in the proposed excavation area by marking the location of the facilities with stakes, flags, paint, or other clearly identifiable markings within eighteen inches horizon…

If location markings requested by an excavator are not provided within the time specified by § 49-7A-8 or any rule promulgated pursuant to § 49-7A-8 , or if the location markings provided fail to identify the location of the underground facilities in accordance with statute and r…

No court or judge may grant a restraining order, temporary injunction, or mesne process staying, suspending, or enjoining, during the pendency of any litigation, the operation or enforcement of a law of this state or an order made by its Public Utilities Commission, or an order, …

No court or judge may issue a restraining order, temporary injunction, or mesne process described in § 49-11-5 except upon the condition, to be made a condition precedent, that during the pendency of such litigation the common carrier, public utility, or public service corporatio…

If a state law, Public Utilities Commission order, or county or municipal order, resolution, or ordinance fixing rates or charges for service to be rendered by a public utility or public service corporation, has been stayed, suspended, or enjoined, the common carrier, public util…

If a state law, a county or municipal order, resolution, or ordinance, or a Public Utilities Commission order or rule, fixing the rates for any service rendered by a public utility or public service corporation, is enjoined pending litigation by any court for any cause, and it is…

If, upon the final determination of litigation in which the operation of such law, order, resolution, or ordinance has been stayed, suspended, or enjoined, it is determined that the rates or charges fixed in such law, order, resolution, or ordinance are legal and valid, the Publi…

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…

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…

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…

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…

If any telecommunications company or motor carrier subject to the provisions of this chapter does, causes or permits any act or thing prohibited in chapters 49-7 to 49-11 , inclusive, and §§ 49-31-7 and 49-31-7.1 or omits to do any act or thing required to be done, such telecommu…

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…

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…