Procedures for Completing a Complaint Form for Probable Violations of South Dakota Excavation Laws and/or Administrative Rules and the Procedures for Replying to a South Dakota One Call Complaint are similar.
SDCL 49-7A provides for civil penalties for failure to comply with the statute or with South Dakota Administrative Rules. The statute and rules are available for review on the South Dakota One Call Board website.
The South Dakota One Call Board encourages parties involved to discuss and resolve as many issues as possible without the utilization of the penalty process. When resolution cannot be obtained, the following process is available to either party.
Forms are available to anyone that wishes to file a complaint or respond to a complaint alleging violations of the excavation laws (see Penalty Process – Forms). There are several methods available:
Complaints and replies may be filed electronically. Choose the appropriate form for your situation: online complaint form or online reply form. Electronic filing is the method preferred by the South Dakota One Call Board.
You may also file a complaint or reply to a complaint by mailing a letter to: South Dakota One Call Notification Board, PO Box 187, Rapid City, SD 57709. Please remember to include details of the incident and copies of locate tickets and other pertinent information to support your claim or provide your defense.
The South Dakota One Call Board is charged with enforcing the laws and will only accept written or online complaints. To ensure complaints are given proper attention, the following guidelines should be followed:
- The name of the person filing the complaint must be provided. Only an authorized person may file a complaint on behalf of a business.
- The complainant and defendant must provide as much information as possible and provide factual evidence to support the allegations (copies of locate tickets, pictures, videotape, statements of witnesses, measurements, etc.). The South Dakota One Call Board will not conduct an investigation but will review the information for completeness and understandability. Incomplete forms will be returned. All information provided in the complaint will be available to the defendant in determining their response. The burden for substantiating the complaint lies with the complainant.
- The complaint must be filed within 90 days of the violation, or in the instance of unreported damage to an underground facility, within one year of discovery of the damage.
- Additional pages or pictures may be attached to the complaint form.
- The online form will sent automatically to South Dakota One Call Notification Board. When submitted, you will receive an email confirmation. If you do not receive an email confirmation within one hour, please contact Larry Janes at email@example.com. If submitting your complaint form via mail; please submit the complaint form and supporting evidence to: South Dakota One Call Notification Board, PO Box 187, Rapid City, South Dakota 57709.
- A copy of the complaint and associated material will be provided to the complained against party who will have 20 calendar days from the date the complaint is served on them to respond.
- The Enforcement Panel will review the information provided by both parties and will make a determination that a probable violation occurred or may dismiss the complaint. If a determination of probable cause is made, the panel will recommend an appropriate penalty.
- The recommendation of the Enforcement Panel will be submitted to both parties for acceptance or rejection. Failure to respond to the recommendation is considered acceptance of the recommendation.
- If neither party rejects the recommendation of the Enforcement Panel, the South Dakota One Call Board is required to accept the recommendation, except in the case of procedural error.
- If either party rejects the recommendation of the Enforcement Panel, they may request a formal hearing before the South Dakota One Call Board. The hearing will be conducted as a contested case under SDCL 1-26. Following the hearing, the board shall either render a decision dismissing the complaint for insufficient evidence or shall impose a penalty pursuant to the statute. This finding may be appealed to Circuit Court.
THE STATUS OF THE COMPLAINT PROCESS AND ALL DOCUMENTS ASSOCIATED WITH THE COMPLAINT ARE AVAILABLE ON THE WEBSITE.
IF YOU HAVE ANY QUESTIONS CONCERNING THE COMPLETION OF THIS FORM, PLEASE CALL SOUTH DAKOTA ONE CALL AT 888-771-1877 Option 2 OR EMAIL firstname.lastname@example.org.