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 a violation of any statute or rule of the board. A determination of whether there is probable cause to believe there has been a violation shall be determined by a majority vote of the panel. The panel shall then recommend to the board that the complaint be dismissed for lack of probable cause, or recommend to the board that there is probable cause to believe that there has been a violation and recommend what penalty, if any, should be imposed pursuant to the provisions of §49-7A-18 or 49-7A-19.
Source: SL 2002, ch 211, §16.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 07A - One-Call Notification System For Excavation Activities
Section 49-7A-1 - Definition of terms.
Section 49-7A-2 - Establishment of One-Call Notification Board.
Section 49-7A-3 - Governing board--Representation--Term of appointment.
Section 49-7A-4 - Rules--Operating procedures.
Section 49-7A-5 - Notification of proposed excavation.
Section 49-7A-7 - Duties of one-call notification center.
Section 49-7A-8 - Location of underground facilities--Marking.
Section 49-7A-9 - Failure to provide timely location markings--Inadequate markings--Liability.
Section 49-7A-10 - Liability for damage to underground facility.
Section 49-7A-13 - Inability to locate underground facility.
Section 49-7A-14 - Local permit requirements unaffected.
Section 49-7A-17 - Complaints--Rules of Practice.
Section 49-7A-19 - Penalties for intentional violations.
Section 49-7A-20 - Each violation as separate offense.
Section 49-7A-21 - Complaint and order prerequisites for penalty--Time limit.
Section 49-7A-23 - Panel to forward complaint to respondent.
Section 49-7A-24 - Respondent to satisfy or answer complaint--Procedure.
Section 49-7A-25 - Complaint, answer to be sole basis for probable cause determination.
Section 49-7A-26 - Factors considered in determining amount of penalty.
Section 49-7A-28 - Action to recover penalty.
Section 49-7A-29 - Record and evidence in court action.
Section 49-7A-30 - Board to maintain docket and index.
Section 49-7A-31 - Board to keep transcript of proceedings--Certification.
Section 49-7A-32 - Removal of board member for conflict of interest.
Section 49-7A-33 - Demand for penalty required before suit brought .
Section 49-7A-34 - Board action has presumption of validity.
Section 49-7A-35 - Annual report of board (Effective July 1, 2019).