49-31-38. Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.

Any person who violates, neglects, fails, or refuses to comply with any of the provisions of chapters 49-1A, 49-13, and this chapter, not otherwise specifically penalized in those chapters, or who violates, neglects, fails, or refuses to comply with any lawful order, rule, or regulation of the commission in connection with the regulation of telecommunications companies, is punishable, after notice and opportunity for hearing, by a civil fine of not less than two hundred nor more than one thousand dollars for each offense.

Source: SDC 1939, § 52.9927; SL 1983, ch 15, § 125; SL 1983, ch 331, § 11; SL 1987, ch 345, § 73; SL 2004, ch 283, § 1.



SDLRC - Codified Law 49-31-38 - Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.

49-31-38.1. Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation of commission--Civil fine.

Except as otherwise specifically provided, any person who intentionally does or causes to be done, or intentionally permits or omits to be done, any act, matter or thing prohibited, required, or declared to be unlawful in chapters 49-1A, 49-13, and this chapter, or intentionally violates, or refuses to comply with any lawful order, rule, or regulation of the commission, is punishable, after notice and opportunity for hearing, by a civil fine of not less than five hundred nor more than five thousand dollars for each offense.

Source: SDC 1939, § 52.9909; SDCL, § 49-3-29; SL 1983, ch. 15, § 97; SL 1983, ch 331, § 8; SL 1987, ch 345, § 74; SL 1992, ch 328, § 30; SL 2004, ch 283, § 2.



SDLRC - Codified Law 49-31-38 - Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.

49-31-38.2. Additional penalty for violations--Forfeiture of franchise--Foreign corporations.

In addition to any penalty imposed or remedy provided in chapters 49-7 to 49-13, inclusive, and this chapter, if any telecommunications company willfully continues to neglect or refuse to comply with the provisions of those chapters, or with any reasonable order or regulation of the commission, such neglect or refusal shall cause a forfeiture of the franchise of the corporation, if the corporation is a domestic corporation. If the corporation is a foreign corporation, such neglect or refusal shall cause a forfeiture of all rights and privileges to transact its business within this state.

Source: SDC 1939, § 52.0254; SDCL, § 49-3-25; SL 1987, ch 345, § 75; SL 1992, ch 328, § 31.



SDLRC - Codified Law 49-31-38 - Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.

49-31-38.3. Action by attorney general to forfeit franchise or enjoin transaction of business.

The attorney general shall commence an action in any court of competent jurisdiction in this state, or against any telecommunications company for the purpose of having its corporate franchise forfeited, or for the purpose of having it perpetually enjoined from transacting any business within this state, when the commission reports that any telecommunications company has violated the provisions of § 49-31-38.2.

Source: SDC 1939, § 52.0255; SDCL, § 49-3-26; SL 1987, ch 345, § 76.