South Dakota Administrative Code

Rule 20:42:07:01 Inspection of salons offering training of apprentices. 20:42:07:01. Inspection of salons offering training of apprentices. Any salon in which apprentice training is to be given must comply with the following: (1) Be inspected, approved, and licensed as an apprent…

Rule 20:42:07:02 Facilities and equipment required for salons offering training of cosmetologist or nail technician apprentices. 20:42:07:02. Facilities and equipment required for salons offering training of cosmetologist or nail technician apprentices. In addition to the equipme…

Rule 20:42:07:03 Notice to public -- Price list. 20:42:07:03. Notice to public -- Price list. Each salon in which apprentice training is being given must display a notice clearly visible to the public stating that apprentice training is given there and must display with the notic…

Rule 20:42:07:04 Repealed. 20:42:07:04. Persons eligible for apprentice training.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:07:05 Approved textbooks. 20:42:07:05. Approvedtextbooks. The textbooks approved for the instruction of apprentices are found in § 20:42:06:05. Other materials and books may be used to supplement these textbooks. Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August …

20:42:07:06. Apprentice training in cosmetology. Each cosmetology salon in which cosmetology apprentice training is being given shall comply with the following: (1) An apprentice may perform cosmetology services on a client only after the apprentice has completed 225 hours in the…

20:42:07:06.01. Apprentice training in nail technology. Each cosmetology or nail salon in which nail technician apprentice training is being given shall comply with the following: (1) An apprentice may perform nail technology services on a client only after the apprentice has com…

20:42:07:06.02. Apprentice training in esthetics. Each cosmetology or esthetics salon in which esthetics apprentice training is being given shall comply with the following: (1) An apprentice may perform esthetics services on a client only after the apprentice has completed 110 ho…

20:42:07:07. Apprentice curriculum. Each apprentice salon instructing an apprentice shall comply with the following curriculum requirements: (1) Cosmetology apprentice: § 20:42:06:09; (2) Nail technology apprentice: § 20:42:06:09.01; and (3) Esthetics apprentice: § 20:42:06:09.02…

20:42:07:07.01. Apprentice curriculum in nail technology. Repealed. Source: 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effec…

Rule 20:42:07:08 Repealed. 20:42:07:08. Apprentice curriculum -- Additional instruction.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:07:09 Apprentice records and reports available for inspection by the commission. 20:42:07:09. Apprentice records and reports available for inspection by the commission. An instructor training an apprentice must have available for inspection by the commission the follow…

Rule 20:42:07:10 Apprentice records and reports mailed to the commission. 20:42:07:10. Apprentice records and reports mailed to the commission. Any instructor training an apprentice shall send to the commission the following records and reports relating to the apprentice: (1) Wee…

Rule 20:42:07:11 Apprentice training inspection. 20:42:07:11. Apprentice training inspection. The training of an apprentice is subject to inspection by any member of the commission or by its employees. The inspection may include the checking of all apprentice records at the place…

Rule 20:42:08:01 Repealed. 20:42:08:01. Junior instructor education for initial licensure. Repealed. Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective…

Rule 20:42:08:01.01 Repealed. 20:42:08:01.01. Junior instructor education program. Repealed. Source: 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

Rule 20:42:08:02 Repealed. 20:42:08:02. Junior instructor continuing education for renewal. Repealed. Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effectiv…

Rule 20:42:08:03 Instructor education for initial licensure. 20:42:08:03. Instructor education for initial licensure. To receive an instructor license, the applicant shall successfully complete: (1) Twelve hours of new instructor training; (2) Successfully pass the South Dakota I…

Rule 20:42:08:03.01 Repealed. 20:42:08:03.01. Senior instructor education exception. Repealed. Source: 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017.

Rule 20:42:08:03.02 Substitute instructors. 20:42:08:03.02. Substitute instructors. A cosmetology school licensed by the commission may hire a substitute instructor under the following conditions: (1) Individual must be a licensed cosmetologist, esthetician or nail technician in …

Rule 20:42:08:04 Instructor continuing education for renewal. 20:42:08:04. Instructor continuing education for renewal. A licensee renewing an instructor license shall annually satisfactorily complete at least twelve hours of commission-approved education courses on teaching meth…

Rule 20:42:08:04.01 Instructor education required to teach apprentices. 20:42:08:04.01. Instructor education required to teach apprentices. Before an instructor may train an apprentice, the instructor must complete the requirements of § 20:42:08:03, including successfully passing…

Rule 20:42:08:05 Verification fee for individual licensee. 20:42:08:05. Verification fee for individual licensee. The individual licensee shall pay the commission a fee of $35 to verify any required educational course not sponsored or pre-verified by the commission. Source: 29 SD…

Rule 20:42:08:05.01 Pre-verification fee for course provider. 20:42:08:05.01. Pre-verification fee for course provider. A course provider shall pay the commission a fee of $100 to pre-verify each education course provided by the provider. The fee shall be accompanied by an applic…

Rule 20:42:08:06 Obtaining evidence of compliance. 20:42:08:06. Obtaining evidence of compliance. Each course provider shall provide evidence of attendance or completion to each licensee that attends or successfully completes the course, as applicable. The evidence shall include …

20:42:08:07. Education requirement to use microdermabrasion machines. A licensee shall successfully complete a minimum of 16 educational hours before operating a microdermabrasion machine. The hours must cover hands-on machine operation, knowledge of client skin types, and infect…

20:42:08:08. Education requirement to use electric nail files. A licensee must successfully complete a minimum of eight educational hours before operating an electric nail file. The hours shall cover machine operation, types of attachments, hands-on operation, and infection contr…

20:42:08:09. Education requirement to perform eyelash extensions. A licensee shall successfully complete a minimum of 16 educational hours on the proper techniques to perform eyelash extensions. The hours must cover the technique of applying eyelashes using adhesive and infection…

Rule 20:42:09:01 Salon or booth inspections. 20:42:09:01. Salon or booth inspections. Salon or booths shall be inspected approximately once per calendar year and shall be unannounced. Re-inspections and inspections pursuant to consent agreements do not count towards the annual in…

Rule 20:42:09:02 School inspections. 20:42:09:02. School inspections. A school shall be inspected approximately two times per calendar year and shall be unannounced. Source: 46 SDR 46, effective October 3, 2019. General Authority: SDCL 36-15-13(15). Law Implemented: SDCL 36-15-11…

Rule 20:42:09:03 Student inspections. 20:42:09:03. Student inspections. Student inspections will take place during an inspection of the student's school. If four or more students receive a "no" on the same task line, the school will receive a "no" on its inspection report for tha…

Rule 20:42:09:04 Failed inspections. 20:42:09:04. Failed inspections. Items bolded on the inspection report are an automatic failure if marked "no". Failing two consecutive inspections is grounds for disciplinary action. A school receiving four or more "no" marks on the school in…

Rule 20:42:09:05 Re-inspections. 20:42:09:05. Re-inspections. A school, salon, or booth that receives a failed rating on its inspection shall be re-inspected within three weeks of the failed inspection. A re-inspection does not count as a consecutive inspection under § 20:42:09:0…

20:42:10:01. Complaints authorized--procedure following filing--electronic filing. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:02. Commission staff to investigate complaints. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:03. Dismissal of complaint. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:04. Informal disposition. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:05. Assurance of voluntary compliance or consent agreement. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:06. Formal proceedings. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:07. Answer. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:08. Disqualification. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:09. Final action by commission. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:10. Petition for declaratory ruling. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:11. Commission action on petition. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

20:42:10:12. Adverse ruling. Repealed. Source: 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.

Rule 20:43:01:01 Petition for declaratory rulings. 20:43:01:01. Petition for declaratory rulings. Any person may petition the board to issue a declaratory ruling by filing a written request that contains the following information: (1) The name and contact information of the perso…

Rule 20:43:01:02 Agency action on petition for declaratory ruling. 20:43:01:02. Agency action on petition for declaratory ruling. After receiving a petition for a declaratory ruling, the board may request from the petitioner any additional information required for the issuance of…

Rule 20:43:01:03 Board meetings on rules or rulings. 20:43:01:03. Board meetings on rules or rulings. The board may hold a meeting by telephone conference call to decide on any petitions filed pursuant to SDCL 1-26-13 or 1-26-15. Source: SL 1975, ch 16, § 1; 6 SDR 87, effective M…

Rule 20:43:01:04 Repealed. 20:43:01:04. Procedures in contested cases.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 13 SDR 23, effective September 3, 1986.

Rule 20:43:01:05 Board hearings -- Procedure. 20:43:01:05. Board hearings -- Procedure. A record of the hearing in a contested case shall be taken by court reporter or recording equipment. Source: SL 1975, ch 16, § 1; 6 SDR 87, effective March 2, 1980; 12 SDR 151, 12 SDR 155, eff…