If a second or subsequent reapplication is filed within three years, or a reapplication is filed after three years, following a denial of a permit pursuant to § 49-41B-24 or 49-41B-25, the Public Utilities Commission may in its discretion decide if an applicant shall have the burden of proof to establish all criteria required in an original application.
S.D. Codified Laws § 49-41B-22.2
Reapplication for permit--Discussion of commission as to applicant's burden of proof
Known as the South Dakota Energy Facility Permit Act
The act spans §§ 49–49 (66 sections).
Source: SL 1982, ch 333, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.