49-45-17. Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.
Any person injured by the breach of any obligation of a grain buyer, for the performance of which a bond has been given under any of the provisions of this chapter, may sue on the bond in the person's own name in any court of competent jurisdiction to recover any damages the person may have sustained by reason of the breach. However, a person may sue on the bond only if the person has notified the commission of the person's intent to sue on the bond and if the commission has stated in writing that it does not intend to institute any proceedings regarding the bond. The commission shall respond in writing within sixty days of notification stating whether the commission intends to institute any proceedings regarding the bond. If the commission fails to respond in writing within the sixty days, the person may proceed to sue on the bond in the person's own name.
Source: SL 1989, ch 404, §6; SL 2008, ch 251, §16; SL 2011, ch 211, §12; SL 2012, ch 232, §10.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Section 49-45-1 - Grain buyer's license--Penalty--Civil fine.
Section 49-45-1.1 - Definitions.
Section 49-45-3 - Expiration, revocation, and suspension of license--Appeal.
Section 49-45-6 - Supervision of grain buyers--Promulgation of rules.
Section 49-45-7.1 - Classes of grain buyer's license.
Section 49-45-8 - Fee for license application--Waiver.
Section 49-45-9 - Bond requirements--Violation as misdemeanor--Amount.
Section 49-45-9.1 - Filing of financial documents in lieu of bond.
Section 49-45-10 - Payment for grain by buyer.
Section 49-45-10.1 - Uniform scale tickets or receipts.
Section 49-45-11 - Voluntary credit sales.
Section 49-45-13 - Inspection of buyers' facilities--Examination of books--Subpoena power.
Section 49-45-13.1 - Memorandum of adjustments--Civil fine for failure to comply.
Section 49-45-14 - Reports by buyers--Public inspection not permitted--Violation as misdemeanor.
Section 49-45-16 - Grounds for suspension of grain buyer's license--Hearing--Revocation.
Section 49-45-16.1 - Receiver--Powers and duties.
Section 49-45-18 - Audit of scale tickets--Certification of quantity and class of grain.
Section 49-45-19 - Grain buyer license—Revocation—Filing of claims.
Section 49-45-22 - Class A license requirements--Violation as misdemeanor.
Section 49-45-23 - Records of grain purchased and contracts.
Section 49-45-24 - Notice of destruction of or damage to facility.
Section 49-45-25 - Grain buyer's financial condition--Notice to commission--Penalty--Civil fine.
Section 49-45-26 - Provision of requested records--Penalty--Civil fine.
Section 49-45-29 - Grain broker--Prohibited activities--Penalty--Civil fine.