Section 49-31-94 - Penalties for violation--Disposition of fines collected. - South Dakota Statutes

49-31-94. Penalties for violation--Disposition of fines collected. Any person who violates §§ 49-31-89 to 49-31-97, inclusive, or any rules promulgated pursuant to §§ 49-31-89 to 49-31-97, inclusive, is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The commission may impose a civil fine of not more than twenty thousand dollars for each offense. In determining the amount of the penalty upon finding a violation, or the amount of the compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this section shall be deposited in the state treasury. In addition to assessing a civil penalty for a violation of §§ 49-31-89 to 49-31-97, inclusive, the commission may revoke or suspend a telecommunications company's certificate of authority for repeated offenses.

Source: SL 1999, ch 227, § 6.