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Hearing on Orders to Show Cause for Failure to Pay 2010 Gross Receipt Tax
January 30, 2012, 2:30 P.M. CST
Room 412, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION HEARING
Joining the meeting by telephone, Chairman Chris Nelson called the hearing to order at 2:30 p.m. CST. Also present telephonically were Vice Chairman Kristie Fiegen and Commissioner Gary Hanson. Present in Room 412 of the State Capitol Building in Pierre, the location noticed for public attendance and participation, were Commission Counsel John Smith, Staff Attorney Karen Cremer, Finance Manger Cindy Kemnitz, and Administrative Assistants Joy Irving and Demaris Axthelm.
Telecommunications
TC12-005 In the Matter of 1-800-Reconex, Inc.'s Failure to Timely Pay the Gross Receipts Tax
TC12-006 In the Matter of Airnex Communications, Inc.'s Failure to Timely Pay the Gross Receipts Tax
TC12-009 In the Matter of Hawk Relay, LLC's Failure to Timely Pay the Gross Receipts Tax
TC12-010 In the Matter of SNiP Link, LLC's Failure to Timely Pay the Gross Receipts Tax
TC12-012 In the Matter of NET TALK.COM, INC.'s Failure to Timely Pay the Gross Receipts Tax
Ms. Karen Cremer, Staff Attorney, stated that Staff would consolidate its testimony for purposes of this proceeding. After being sworn, Ms. Cindy Kemintz, Finance Manager, testified that the companies listed in Amended Exhibit 1 have been contacted numerous times due to their failure to pay gross receipts tax for CY 2010. As two of the companies, Hawk Relay, LLC and NET TALK.COM, Inc., recently paid their gross receipts tax, Ms. Kemnitz recommended that those dockets be dismissed and closed. Ms. Kemnitz recommended that the Commission revoke the Certificates of Authority for the companies in Dockets TC12-005, TC12-006, TC12-007, TC12-008, TC12-010, and TC12-011 for failure to pay their gross receipts tax due July 15, 2011. Finally Ms. Kemnitz recommended that the Commission order the companies in TC12-002, TC12-003, and TC12-004 to file an appropriate report for CY2010 and pay the delinquent gross receipts tax that is due, including a 10% penalty for each month of delinquency.
Ms. Cremer moved to admit Amended Exhibit 1. There being no objection, Amended Exhibit 1 was admitted into the record.
Chairman Nelson moved that the Commission revoke the Certificates of Authority for the companies named in Dockets TC12-005, TC12-006, TC12-007, TC12-008, TC12-010, and TC12-011 for failure to pay the gross receipts tax due July 15, 2011, pursuant to SDCL 49-1A-3, 49-1A-5, and 49-31-3. Motion passed 3-0.
Chairman Nelson moved that the Commission order the companies named in Dockets TC12-002, TC12-003, and TC12-004 to file an appropriate report for CY2010 and pay the delinquent gross receipts tax that is due including a 10% penalty for each month of delinquency. Motion passed 3-0.
Commissioner Nelson moved that dockets TC12-009 and TC12-012 be dismissed and closed. Motion passed 3-0.
There being no further business, at the hour of 2:44 p.m. the South Dakota Public Utilities Commission Hearing adjourned.
/S/Joy Irving
Joy Irving
Administrative Assistant
PUC Email
January 30, 2012
