2013 South Dakota Codified Laws
Title 49 - PUBLIC UTILITIES AND CARRIERS
Chapter 07A - One-Call Notification System For Excavation Activities
§ 49-7A-26 Factors considered in determining amount of penalty.
49-7A-26. Factors considered in determining amount of penalty. The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be:
(1) The amount of damage, degree of threat to the public safety, and inconvenience caused;
(2) The respondent's plans and procedures to insure future compliance with statute and rules;
(3) Any history of previous violations;
(4) Other matters as justice requires.
Source: SL 2002, ch 211, § 20.
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