49-1-10. Hearings before commission–Oaths. Any party may appear before the Public Utilities Commission and be heard in person or by attorney. Every commissioner shall have the right to administer oaths and affirmations in any proceeding pending before the commission. Source: SDC 1939, §52.0109.
49-1-11. Rules of commission. The Public Utilities Commission may promulgate rules pursuant to chapter 1-26 concerning: (1)Procedures for filing and cancelling tariffs, and information required to be included in tariffs; (2)Procedures and requirements for filing and acting upon complaints; (3)Procedures and requirements for filing applications for new or revised rates or tariff changes; (4)Regulation of […]
49-1-12. Records of official actions–Proceedings open to public. Every vote and official action of the Public Utilities Commission shall be entered of record. The proceedings of the Public Utilities Commission are open to the public as prescribed in chapter 1-25 when the Public Utilities Commission is exercising its regulatory or adjudicatory authority pursuant to Title […]
49-1-12.1. Discussions on internal management not subject to chapter 1-25. The Public Utilities Commission is not subject to the requirements of chapter 1-25 when one or more commissioners are meeting among themselves or staff to discuss the internal management of the Public Utilities Commission regarding such things as: (1)Planning or developing activities or proposed legislation; […]
49-1-13. Annual report to Governor–Contents. The Public Utilities Commission shall annually make a report of its activities to the Governor, at the time and in the manner prescribed by law for other state officers, containing the facts, statements, and explanations deemed necessary by the commission to fully disclose its transactions and conduct. The commission shall […]
49-1-14. Attorney general as adviser to commission–Suits by commission. The attorney general shall at all times, when requested, give the Public Utilities Commission such counsel and advice as they may from time to time require; and it shall be his duty to institute and prosecute, whenever requested by the Public Utilities Commission, any and all […]
49-1-15. Assistant attorneys general to serve commission exclusively. The attorney general may, with the approval of the Public Utilities Commission, appoint one or more assistant attorneys general to serve the Public Utilities Commission and work exclusively for the commission. Source: SDC 1939, §52.0253; SL 1976, ch 291; SL 1991, ch 380, §5.
49-1-16. Duties of state’s attorneys. It shall be the duty of the state’s attorney of any county in which suit is instituted, or prosecuted pursuant to §49-1-14, to aid in the prosecution of the same to a final issue upon the request of the Public Utilities Commission or the attorney general. Source: SDC 1939, §52.0253.
49-1-18. Neglect or refusal to perform duties–Misdemeanor–Forfeiture of office. Any Public Utilities Commissioner who intentionally neglects or refuses to perform the duties imposed upon him by this title, is guilty of a Class 2 misdemeanor and in addition to the punishment provided by law, he shall upon conviction forfeit his office. Source: SDC 1939, §52.9904; […]
49-1-19. Appeals from commission. All appeals from any determination, decision, or order of the Public Utilities Commission shall be conducted in the manner prescribed by chapter 1-26. Source: SL 1983, ch 332, §1.
49-1-2. Election of public utilities commissioners–Qualifications and term of office–Vacancies. The Public Utilities Commission shall be comprised of three commissioners. Each commissioner shall be elected from, and represent, the state at large. At each general election there shall be elected one Public Utilities Commissioner having the qualifications prescribed by law. Each commissioner shall hold office […]
49-1-3. Qualifications of commissioners–Age and residence–Interest in companies prohibited. No person is eligible to hold the office of Public Utilities Commissioner except a citizen of the United States, a qualified voter of this state who has attained the age of twenty-five years and has resided within this state for at least two years next preceding […]
49-1-4. Duties of commissioners–Sessions of Public Utilities Commission–Removal. Each Public Utilities Commissioner during his term of office shall devote his entire time and attention to the duties of his office. The Public Utilities Commission shall remain in continuous session at its office at the state capital except when necessarily absent in the performance of its […]
49-1-5. Vacancies in office of commissioner–Appointment by Governor–Term of appointment. If a vacancy occur in the office of Public Utilities Commissioner from death, resignation, or otherwise, the Governor of the state shall make a temporary appointment to fill such vacancy, but the person so appointed shall hold such office only until the next general election […]
49-1-6. Oath and bond of commissioners. Each Public Utilities Commissioner shall take and subscribe the same oath as required of other state officers, and shall be included in the state employees’ blanket bond in the penal sum of five thousand dollars conditioned for the faithful performance of his duties. Source: SDC 1939, §52.0105; SL 1983, […]
49-1-7. Salary of commissioners. The annual salary of each member of the Public Utilities Commission shall be set by the Bureau of Human Resources in accordance with the provisions of chapter 3-6D. Source: SDC 1939, §52.0106; SL 1945, ch 216; SL 1947, ch 234, §1; SL 1951, ch 257; SL 1953, ch 279; SL 1955, […]
49-1-8. Creation of Public Utilities Commission–Secretary–Seal. The Public Utilities Commissioners who are elected shall constitute a commission to be known and designated as the Public Utilities Commission of the State of South Dakota. The members of the commission shall elect a chairperson by majority vote and prescribe his duties. The commission shall have an official […]
49-1-8.1. Commission continued as separate department. The Public Utilities Commission is hereby continued as a separate department and budget unit and, except as provided by §§1-51-11 and 37-22-1, shall retain all its prescribed functions, including administrative functions. Source: SL 1973, ch 2, §59; SL 2003, ch 272 (Ex. Ord. 03-1), §§32, 117; SL 2006, ch […]
49-1-8.2. Executive director–Appointment–Duties–Signature on behalf of commission. The Public Utilities Commission may appoint an executive director who shall serve at the pleasure of the commission. The executive director shall serve as the chief administrative officer of the commission and shall be directly responsible to all the members of the commission. The executive director shall carry […]
49-1-9. Proceedings before commission–Quorum–Disqualification. Such Public Utilities Commission may in all cases conduct its proceedings, when not otherwise particularly prescribed by law, in such manner and places as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the commissioners shall constitute a quorum for the transaction […]
