AN ACT
ENTITLED, An Act to
limit the transfer of contested Public Utilities Commission cases to the
Office of Hearing Examiners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26-17 be amended to read as follows:
1-26-17. The notice shall include:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26-17 be amended to read as follows:
1-26-17. The notice shall include:
(1)
A statement of the time, place, and nature of the hearing;
(2)
A statement of the legal authority and jurisdiction under which the hearing is to be held;
(3)
A reference to the particular sections of the statutes and rules involved;
(4)
A short and plain statement of the matters asserted. If the agency or other party is unable
to state the matters in detail at the time the notice is served, the initial notice may be
limited to a statement of the issues involved. Thereafter upon application a more definite
and detailed statement shall be furnished;
(5)
A statement of any action authorized by law, which may affect the parties, as a result of
any decision made at the hearing, whether it be the revocation of a license, the assessment
of a fine or other effect;
(6)
A statement that the hearing is an adversary proceeding and that a party has the right at
the hearing, to be present, to be represented by a lawyer, and that these and other due
process rights will be forfeited if they are not exercised at the hearing;
(7)
Except in contested cases before the Public Utilities Commission, a statement that if the
amount in controversy exceeds two thousand five hundred dollars or if a property right
may be terminated, any party to the contested case may require the agency to use the
Office of Hearing Examiners by giving notice of the request to the agency no later than
ten days after service of a notice of hearing issued pursuant to § 1-26-17;
(8)
A statement that the decision based on the hearing may be appealed to the circuit court
and the State Supreme Court as provided by law.
Section 2. That § 1-26-18.3 be amended to read as follows:
1-26-18.3. In any contested case, if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request no later than ten days after service of a notice of hearing issued pursuant to § 1-26-17. This section does not apply to any contested case before the Public Utilities Commission.
An Act to limit the transfer of contested Public Utilities Commission cases to the Office of Hearing Examiners.
Section 2. That § 1-26-18.3 be amended to read as follows:
1-26-18.3. In any contested case, if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request no later than ten days after service of a notice of hearing issued pursuant to § 1-26-17. This section does not apply to any contested case before the Public Utilities Commission.
An Act to limit the transfer of contested Public Utilities Commission cases to the Office of Hearing Examiners.
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1144
____________________________ Chief Clerk ____________________________ Speaker of the House
Attest:
____________________________ Chief Clerk
____________________________
Attest:
____________________________ Secretary of the Senate
House
Bill
No.
1144
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |