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 of business, but no commissioner shall participate in any hearing or proceeding in which he has any conflict of interest or if he is temporarily incapacitated. If a commissioner determines that he is incapacitated or disqualified from participating for any reason in any hearing or proceeding, he shall certify that determination to the Governor, or if the character of the incapacity of any commissioner is such that he is unable to certify his incapacity to the Governor, the commission may make such certification. In the event of any such certification, the Governor shall then appoint an elected constitutional officer, other than the attorney general, to act as a member of the commission in place of the disqualified or incapacitated commissioner for the purpose of such hearing or proceeding only.
Source: SDC 1939, ยง52.0109; SL 1977, ch 386.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 01 - Public Utilities Commission
Section 49-1-4 - Duties of commissioners--Sessions of Public Utilities Commission--Removal.
Section 49-1-5 - Vacancies in office of commissioner--Appointment by Governor--Term of appointment.
Section 49-1-6 - Oath and bond of commissioners.
Section 49-1-7 - Salary of commissioners.
Section 49-1-8 - Creation of Public Utilities Commission--Secretary--Seal.
Section 49-1-8.1 - Commission continued as separate department.
Section 49-1-8.2 - Executive director--Appointment--Duties--Signature on behalf of commission.
Section 49-1-9 - Proceedings before commission--Quorum--Disqualification.
Section 49-1-9.1 - Providing false or misleading information to commission as misdemeanor.
Section 49-1-10 - Hearings before commission--Oaths.
Section 49-1-11 - Rules of commission.
Section 49-1-12 - Records of official actions--Proceedings open to public.
Section 49-1-12.1 - Discussions on internal management not subject to chapter 1-25.
Section 49-1-13 - Annual report to Governor--Contents.
Section 49-1-14 - Attorney general as adviser to commission--Suits by commission.
Section 49-1-15 - Assistant attorneys general to serve commission exclusively.
Section 49-1-16 - Duties of state's attorneys.
Section 49-1-18 - Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office.