Section 49-7A-27 – Board to accept panel’s recommendation–Exception when party requests hearing–Conduct of hearing.
49-7A-27. Board to accept panel’s recommendation–Exception when party requests hearing–Conduct of hearing. 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 […]
Section 49-7A-28 – Action to recover penalty.
49-7A-28. Action to recover penalty. 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 […]
Section 49-7A-29 – Record and evidence in court action.
49-7A-29. Record and evidence in court action. 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 court […]
Section 49-7A-30 – Board to maintain docket and index.
49-7A-30. Board to maintain docket and index. 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 […]
Section 49-7A-31 – Board to keep transcript of proceedings–Certification.
49-7A-31. Board to keep transcript of proceedings–Certification. 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 […]
Section 49-7A-32 – Removal of board member for conflict of interest.
49-7A-32. Removal of board member for conflict of interest. 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.
Section 49-7A-33 – Demand for penalty required before suit brought .
49-7A-33. Demand for penalty required before suit brought. 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.
Section 49-7A-34 – Board action has presumption of validity.
49-7A-34. Board action has presumption of validity. 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.
Section 49-7A-35 – Annual report of board (Effective July 1, 2019).
49-7A-35. Annual report of board. 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, ch 261, §3, eff. […]
Section 49-7A-22 – Panel to determine existence of probable cause for violation–Recommendation to board.
49-7A-22. Panel to determine existence of probable cause for violation–Recommendation to board. 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 […]