South Dakota Codified Laws
Chapter 07A - One-Call Notification System For Excavation Activities
Section 49-7A-34 - Board action has presumption of validity.

49-7A-34. Board action has presumption of validity.
Any action or proceeding or order of the Statewide One-Call Notification Board raises a presumption of validity. The burden is upon the party claiming the order to be invalid to plead and prove the facts establishing the invalidity.

Source: SL 2002, ch 211, ยง28.

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Structure South Dakota Codified Laws

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-6.1 - Operator not to be billed when location of excavation on notice differs from location of operator's facility.

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-12 - Notification of damage to underground facility--Repairs--Flammable, toxic, or corrosive gas or liquid.

Section 49-7A-13 - Inability to locate underground facility.

Section 49-7A-14 - Local permit requirements unaffected.

Section 49-7A-15 - Owners and operators of underground facilities required to register with one call notification system.

Section 49-7A-17 - Complaints--Rules of Practice.

Section 49-7A-18 - Penalties.

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-22 - Panel to determine existence of probable cause for violation--Recommendation to board.

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-27 - Board to accept panel's recommendation--Exception when party requests hearing--Conduct of hearing.

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).