South Dakota Code § 49-41B-22.2

Reapplication for permit--Discussion of commission as to applicant's burden of proof
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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.

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