S.D. Admin. R. 20:10:26:06 - Notice requirements if no hearing is requested

If the applicant has not requested a hearing, the commission shall serve notice on the affected utility company and all parties within 15 days after receipt in the commission's offices of a variance application which is in compliance with the provisions of ยง 20:10:26:05. The parties served notice of the variance request shall have 15 days to respond to the notice. Failure of the parties who are served notice to request a hearing within 15 days after service of the notice is considered a waiver of hearing. The commission shall publish a notice in the legal newspaper for the nearest city or town in which the variance is requested.

If the hearing is waived, the commission shall consider the application without a hearing and enter its decision.


S.D. Admin. R. 20:10:26:06
18 SDR 26, effective August 7, 1991.

General Authority: SDCL 49-1-11, 49-34A-4, 49-34A-27.

Law Implemented: SDCL 49-34A-4, 49-34A-27.

Collateral References:In the Matter of the Investigation of Master Metering, Docket F-3237, Decision and Order dated June 13, 1980 (Errata Notice dated December 22, 1980); In the Matter of the Investigation of Master Metering , Docket F-3237, Decision and Order dated July 24, 1981; In the Matter of the Petition For Declaratory Ruling by S&D Metering, Ltd., F-3621, Declaratory Ruling and F-3237, Modifying in Part, Decision and Order dated October 2, 1986.

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