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.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 13 - Procedure On Complaints To Public Utilities Commission
Section 49-13-1.1 - Complaint to commission or suit by private person--Election of remedies.
Section 49-13-4 - Investigation of complaint--Inquiry without complaint.
Section 49-13-5 - Authority of commission on inquiry without complaint.
Section 49-13-6 - Docket--Contents--Index.
Section 49-13-7 - Record--Contents--Transcript of evidence.
Section 49-13-9 - Hearing before any commissioner.
Section 49-13-9.1 - Corporations and business entities may appear without counsel in certain cases.
Section 49-13-14 - Determination of damages--Order directing payment.
Section 49-13-14.2 - Necessity for demand before suit.
Section 49-13-16 - Presumption of validity of order--Burden to prove invalidity.
Section 49-13-18 - Issuance of mandamus or other proper process.
Section 49-13-19 - Enforcement of mandamus or other proper process for failure to obey.
Section 49-13-20 - Money judgment for default in compliance--Disposition of money.
Section 49-13-21 - Recovery of moneys by attachment or execution--Appeal to Supreme Court.
Section 49-13-26 - Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees.