20:10:01:02.02.  Filing documents with the commission. When a document is required to be filed with the commission by a specific date or within a prescribed period and the document is served upon the commission by mail, three days shall be added to the due date or to the prescribed period. A facsimile or paper document is considered filed on the date the document is received by the commission. An electronically filed document is considered filed at the time and date the document indicates it was sent to the commission. A person who files a document electronically shall receive electronic confirmation from the commission that the document was received. In the case of a facsimile, the original document shall be subsequently filed, at which time the facsimile shall be removed from the record. Documents and facsimiles will only be received by the commission during regular business hours from 8:00 a.m. to 5:00 p.m., Central Time. If received at a later time or during a weekend or holiday, the document or facsimile is considered filed with the commission on the next working day. A person whose filing is made untimely as a result of an electronic or mail delivery failure may seek appropriate relief from the commission.

          Source: 16 SDR 148, effective March 22, 1990; 18 SDR 26, effective August 7, 1991; 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 49-1-11(2),(4).

          Law Implemented: SDCL 49-1-11(2),(4).

          20:10:01:02.03.  Contents and filing of pleadings. Except for consumer complaints, each pleading shall be filed with the commission at the time the pleading is served and shall include the following:

          (1)  The heading and caption, including the names of the parties and the docket number, if known;

          (2)  The statements of fact and law set forth in numbered paragraphs;

          (3)  The request of the party filing the pleading;

          (4)  The printed name and signature of the party filing the pleading or, if the party is represented by an attorney, the printed name and signature of the party's attorney;

          (5)  The party's or the party's attorney's address, telephone number, and the email address at which the party will receive electronic service; and

          (6)  The proof of service.

          Source: 16 SDR 148, effective March 22, 1990; 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 49-1-11(2),(4).

          Law Implemented: SDCL 49-1-11(2),(4).

          20:10:01:02.04.  Withdrawal and dismissal of pleading prior to final order. A pleading may be dismissed or withdrawn prior to entry of a final order by the commission if a stipulated agreement is filed and the commission does not find that the public interest requires the proceeding to be continued. The commission may also dismiss a pleading at the request of an interested party or on its own motion, stating the reasons in its order.

          Source: 16 SDR 148, effective March 22, 1990; 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 49-1-11(2),(4).

          Law Implemented: SDCL 49-1-11(2),(4).

          20:10:01:02.05.  Filing of documents. Unless otherwise allowed, any document filed with the commission shall be filed electronically as a .pdf file by accessing the commission's website. If the document is unable to be filed as a .pdf file, the document shall be filed using a widely used file format. Documents larger that eight and one-half by fourteen inches or that otherwise may not be practicably filed by email attachment shall be filed by mail or hand delivery. If a person is requesting confidential treatment of any information, that information shall be filed electronically as a separate document. If a person is unable to file the document electronically due to technical reasons or lack of electronic filing capabilities, the person shall file the original document with the commission by mail or hand delivery and is not required to file electronically. If a person has the computer capability and it is technically feasible, any document that is not filed electronically shall be filed with the commission on a recordable compact disc. These filing requirements apply to all documents unless otherwise specified in this article or required by the commission.

          Source: 18 SDR 26, effective August 7, 1991; 33 SDR 107, effective December 26, 2006.

          General Authority: SDCL 49-1-11(2),(4).

          Law Implemented: SDCL 49-1-11(2),(4).

          Cross-References:

          Contents of consumer complaint, § 20:10:01:07.01.

          Requests for confidential treatment of information, § 20:10:01:41.