49-13-1
Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints.
49-13-1.1
Complaint to commission or suit by private person--Election of remedies.
49-13-2
Repealed.
49-13-3
Compliance by telecommunications company or carrier as exoneration only
for particular violation complained of.
49-13-4
Investigation of complaint--Inquiry without complaint.
49-13-5
Authority of commission on inquiry without complaint.
49-13-6
Docket--Contents--Index.
49-13-7
Record--Contents--Transcript of evidence.
49-13-8
Repealed.
49-13-9
Hearing before any commissioner.
49-13-9.1
Corporations and business entities may appear without counsel in certain
cases.
49-13-10 to 49-13-12. Repealed.
49-13-13
Proof of violation--Determination of just rate--Cease and desist order--Duty
of telecommunications company or motor carrier to comply.
49-13-14
Determination of damages--Order directing payment.
49-13-14.1
Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.
49-13-14.2
Necessity for demand before suit.
49-13-15
Repealed.
49-13-16
Presumption of validity of order--Burden to prove invalidity.
49-13-17
Failure to obey order--Application to court for mandamus--Order directing
payment of money excepted.
49-13-18
Issuance of mandamus or other proper process.
49-13-19
Enforcement of mandamus or other proper process for failure to obey.
49-13-20
Money judgment for default in compliance--Disposition of money.
49-13-21
Recovery of moneys by attachment or execution--Appeal to Supreme Court.
49-13-22
Security on appeal by commission not required--Appeal as not staying court
order--Costs and attorney's fees.
49-13-23
Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.
49-13-24
Noncompliance with order for payment of money--Petition in court--Civil
action procedure applicable--Exceptions.
49-13-25
Commission proceedings as evidence in trial--Report and order of
commission as prima facie evidence.
49-13-26
Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.
49-13-27
Joinder of parties--Service of process--Venue of service--Judgment in case
of joint parties.
49-13-1. Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints.
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 the absence of direct damage to the complainant or petitioner. The commission may make rules of practice prescribing the form and procedure for complaints in accordance with chapter 1-26.
Source: SDC 1939, § 52.0301; SL 1987, ch 345, § 17.
49-13-1.1. Complaint to commission or suit by private person--Election of remedies.
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 remedies at the same time.
Source: SDC 1939, § 52.0215; SDCL, § 49-3-23; SL 1987, ch 345, § 18.
49-13-3. Compliance by telecommunications company or carrier as exoneration only for particular violation complained of.
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 relieved of liability to the complainant only for the particular violation of law thus complained of.
Source: SDC 1939, § 52.0301; SL 1987, ch 345, § 19.
49-13-4. Investigation of complaint--Inquiry without complaint.
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 of in the manner the commission considers proper. The commission may, at any time, institute an inquiry or investigation on its own initiative in any case, involving any matter over which the commission has jurisdiction concerning a complaint that is authorized to be made and filed with the commission by any provision of any law of this state, or concerning any question which may arise, or relate to the enforcement of any provision of any law of this state.
Source: SDC 1939, § 52.0301; SL 1987, ch 345, § 20.
49-13-5. Authority of commission on inquiry without complaint.
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.
49-13-6. Docket--Contents--Index.
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 index in which the names of the parties shall be cross-indexed under the names of both the plaintiff and defendant.
Source: SDC 1939, § 52.0305; SL 1987, ch 345, § 22.
49-13-7. Record--Contents--Transcript of evidence.
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 correct transcript of the evidence, and attach all exhibits introduced at the trial. There shall be attached to the transcript a certificate from the recording secretary to the effect that it is a true and correct transcript of all testimony introduced at the trial. Provisions for transcripts in this section are not applicable to license application hearings under chapter 49-28.
Source: SDC 1939, § 52.0306; SL 1984, ch 306, § 1; SL 1987, ch 345, § 23.
49-13-9. Hearing before any commissioner.
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.
49-13-9.1. Corporations and business entities may appear without counsel in certain cases.
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 limited liability partnership may represent itself through a designated employee without any requirement of representation by legal counsel.
Source: SL 2003, ch 236, § 1.
49-13-13. Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply.
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 received by any telecommunications company or motor carrier subject to the provisions of this title, or that any individual or joint classifications, regulations, or practices of a telecommunications company or motor carrier are unjust, unreasonable, unjustly discriminatory, unduly preferential, prejudicial, or otherwise in violation of the laws of this state, or that any injury or damage has been sustained by any person, the commission may determine and prescribe the just and reasonable charge, to be observed as the maximum to be charged. The commission shall also determine what classification, regulation, or practice is just, fair, and reasonable to be thereafter followed, and to make an order that such telecommunications company or motor carrier shall cease and desist from the violations to the extent that the commission finds them to exist. The telecommunications company or motor carrier may not thereafter publish, demand, collect, or receive any rate or charge for in excess of the maximum rate or charge prescribed and they shall adopt the classification and conform and abide by the regulations or practices prescribed by the commission.
Source: SDC 1939, § 52.0303; SL 1979, ch 307, § 81; SL 1987, ch 345, § 25.
49-13-14. Determination of damages--Order directing payment.
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 order directing the telecommunications company or motor carrier to pay to such person the sum of money to which he may be entitled, on or before a named day.
Source: SDC 1939, § 52.0303; SL 1987, ch 345, § 26.
49-13-14.1. Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees.
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 telecommunications company or motor carrier is liable to the person injured thereby for the amount of damages sustained in consequence of any such violation, if recovered without suit; or if recovered by suit, such telecommunications company or motor carrier is liable to the person injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of, together with costs of suit and a reasonable attorney fee, to be fixed by the court in which the suit is heard on appear or otherwise, which shall be taxed and collected as part of the costs in the case.
Source: SDC 1939, § 52.0214; SDCL, § 49-3-21; SL 1987, ch 345, § 27.
49-13-14.2. Necessity for demand before suit.
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 expiration of thirty days after the demand.
Source: SDC 1939, § 52.0214; SDCL, § 49-3-22; SL 1987, ch 345, § 28.
49-13-16. Presumption of validity of order--Burden to prove invalidity.
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 plead and prove the facts establishing the invalidity.
Source: SDC 1939, § 52.0310; SL 1987, ch 345, § 29.
49-13-17. Failure to obey order--Application to court for mandamus--Order directing payment of money excepted.
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 obey the order or the attorney general may apply to a circuit court of proper jurisdiction, in which the telecommunications company or motor carrier is operating for a writ of mandamus for the enforcement of the commission's order.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 30.
49-13-18. Issuance of mandamus or other proper process.
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 enforce obedience to the order by peremptory writ of mandamus or other proper process, mandatory, or otherwise, to restrain the telecommunications company or motor carrier from further violating or disobeying the order of the commission, and enjoining the telecommunications company or motor carrier's obedience.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 31.
49-13-19. Enforcement of mandamus or other proper process for failure to obey.
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 other proper process, peremptory or otherwise, against the telecommunications company or motor carrier and, if it is a corporation, against one or more of its directors, officers, or agents or against any owner, lessee, trustee, receiver, or other person failing to obey the writ of mandamus or other process, mandatory or otherwise.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 32.
49-13-20. Money judgment for default in compliance--Disposition of money.
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 exceeding, for each telecommunications company or motor carrier or person in default, the sum of one thousand dollars for each day after the day named in the order. By an order from the court, the money shall be paid to the treasury of the county in which the action was commenced, and one-half thereof shall be transferred by the county treasurer to the state treasurer.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 33.
49-13-21. Recovery of moneys by attachment or execution--Appeal to Supreme Court.
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 commission or any other interested party may appeal to the Supreme Court of this state under the regulations provided by law in relation to appeals, except as provided by § 49-13-22.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 34.
49-13-22. Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees.
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 matter order the payment of the costs and attorney fees considered to be reasonable.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 35.
49-13-23. Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses.
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 in any proceedings that are instituted. The state's attorney shall render assistance. The costs and expenses on the part of the commission for the prosecution shall be paid out of the appropriations for the expenses of the commission.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 36.
49-13-24. Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions.
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 or complaint setting forth the causes for which damages are claimed, the proceedings before the commission, and the report and order of the commission in the premises. The suit shall proceed in all other respects as other civil actions for damages, except as provided in §§ 49-13-25 and 49-13-26.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 37.
49-13-25. Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence.
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 introduced at the court trial. The report and order of the commission in the premises shall be taken and held to be prima facie evidence of the facts stated therein.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 38.
49-13-26. Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.
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 part of the costs of the suit.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 39.
49-13-27. Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties.
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 maintained by joint plaintiffs against joint defendants, in any court of proper jurisdiction in this state. Service of process against any one of such defendants not found in the county where the suit is brought may be made in any county where the defendant operates its lines or maintains an office. In case of a joint suit, the recovery, if any, may be by judgment in favor of any one or more of the plaintiffs, and against any one or more of the defendants.
Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 40.
