South Carolina § 58-11-460 - Reparation orders; suit to enforce order.

§ 58-11-460. Reparation orders; suit to enforce order.

When petition has been made to the commission concerning any rate or charge for service performed by any radio common carrier, and the commission has found after hearing that the radio common carrier has charged an unreasonable, excessive, or discriminatory amount for such service, the commission may order that the radio common carrier make due reparation to the complainant therefor, with interest from the date of collection; provided, such reparation will not result in establishing unreasonable discrimination and provided, further, that no order for the payment of reparation upon the ground of unreasonableness shall be made by the commission in any instance wherein the rate or charge in question has been authorized by law, and, provided, further, that no assignment of a reparation claim shall be recognized by the commission except assignments by operation of law as in case of death, insanity, bankruptcy, receivership, or order of court. If the radio common carrier does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover such reparation and upon trial of such suit a duly certified copy of the order of the commission shall be prima facie evidence of the facts therein set forth. All complaints concerning unreasonable, excessive, or discriminatory charges on which reparation orders may be made shall be filed with the commission and provided to the Office of Regulatory Staff within two years from the time the cause of action accrues, and the suit for enforcement of the order shall be commenced in the court within one year from the date of the order of the commission. The remedy provided in this section shall be cumulative and in addition to any other remedy or remedies in this chapter for failure of a radio common carrier to obey an order or decision of the commission. The commission must not be a party to any proceeding.

HISTORY: 1975 (59) 598; 2006 Act No. 318, SECTION 90, eff May 24, 2006.