South Dakota Administrative Code

Rule 20:38:38:06 Exempt projects and routine maintenance. 20:38:38:06. Exempt projects and routine maintenance. A licensee may not be required to provide design concepts or an acceptance letter of review for: (1) Projects exempt from building code requirements for fire protection…

20:38:39:01. Complaints. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:24:01, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:02. Complaint procedure. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:02, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:03. Informal disposition of complaints. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:04, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:04. Formal proceedings. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:05, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:05. Contents of a formal board complaint. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:06, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:06. Answer to formal board complaint. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:07; 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:07. Disqualification. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:08, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:08. Procedure for formal hearing. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:09, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:09. Final action by board. Repealed. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:10, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:10. Petition for hearing by an aggrieved person. Repealed. Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:11, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:11. Petition for declaratory ruling. Repealed. Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:26:01, 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:12, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:12. Board action on petition. Repealed. Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:26:02, 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:13, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

20:38:39:13. Adverse ruling. Repealed. Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:14, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

Rule 20:39:01:01 Meetings -- Quorum. 20:39:01:01. Meetings -- Quorum. Annual meetings of the board for the election of officers for the ensuing year and the transaction of other business shall be held within one month after new members are appointed by the Governor. Meetings shal…

Rule 20:39:01:02 President's duties -- President's absence. 20:39:01:02. President's duties -- President's absence. The president shall preside at all meetings and shall perform such other duties as the board may direct. A majority of the board may designate a board member to act…

Rule 20:39:01:03 Secretary-treasurer's duties -- Records. 20:39:01:03. Secretary-treasurer's duties -- Records. The secretary-treasurer shall have charge of the business and transactions of the board. The secretary-treasurer shall assemble and present to the board an annual repor…

Rule 20:39:01:04 Superseded. 20:39:01:04. Petition for new rules.Superseded. Commission Note: SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.

Rule 20:39:01:05 Response to petition. 20:39:01:05. Response to petition. Upon receipt of a petition for a change in rule, the secretary-treasurer shall immediately mail one copy to each board member and set a meeting within 25 days to act on the petition. Source: SL 1975, ch 16,…

Rule 20:39:01:06 Request for decision from board. 20:39:01:06. Request for decision from board. A party with a contested case before the board may request a final order terminating administrative action and declaring the rights and liabilities of the parties thereto by delivering…

Rule 20:39:01:07 Petition for declaratory ruling. 20:39:01:07. Petition for declaratory ruling. To initiate proceedings for declaratory rulings on the applicability of a statute or rule, a person may file with the board a verified complaint stating the action requested and the fa…

Rule 20:39:02:01 Physical plant infection control requirements. 20:39:02:01. Physical plant infection control requirements. Each barber shop and barber school shall observe the following infection control requirements in its physical plant: (1) The buildings and quarters must at …

Rule 20:39:02:02 Equipment and infection control requirements. 20:39:02:02. Equipment and infection control requirements. Each barber shop and barber school shall be equipped with the following equipment: (1) One wet disinfectant and one dry cabinet disinfectant for each barber c…

Rule 20:39:02:03 Required infection control practices for barber shops and barber schools. 20:39:02:03. Required infection control practices for barber shops and barber schools. Each barber shop and barber school shall observe the following infection control practices: (1) Chairs…

Rule 20:39:02:04 Practices prohibited in barber shops and barber schools. 20:39:02:04. Practices prohibited in barber shops and barber schools. A barber or barber school student may not engage in any of the following practices: (1) Allowing the use of the head rest of any barber …

Rule 20:39:02:05 Specific sanitation requirements for barber schools. 20:39:02:05. Specific sanitation requirements for barber schools. Each barber school shall observe the following sanitation requirements: (1) Each school must be equipped with one high-frequency apparatus for e…

Rule 20:39:03:01 General requirements for initial approval of barber schools. 20:39:03:01. General requirements for initial approval of barber schools. Each barber school shall meet the following requirements to receive board approval: (1) The applicant completes and submits the …

Rule 20:39:03:01.01 Transferred. 20:39:03:01.01 Transferred to § 20:39:03:12.

Rule 20:39:03:02 Equipment requirements. 20:39:03:02. Equipment requirements. Each barber school shall possess the following equipment: (1) An instruction board or blackboard in the lecture room; (2) A set of enlarged anatomic charts showing nerves, muscles, blood vessels, bones …

Rule 20:39:03:03 Inspections of school. 20:39:03:03. Inspections of school. Two unannounced inspections shall be made of each school per calendar year. The inspection report shall be given to the instructor in charge and present during each inspection. Source: SL 1975, ch 16, § 1…

20:39:03:04. Length and annual renewal of school license. A barber school license is valid for a period of one year expiring on May thirty-first. To renew a license, the school shall apply to the Board of Barber Examiners by April first. The renewal application must contain a sta…

Rule 20:39:03:05 Educational materials requirements for\ licensed barber schools. 20:39:03:05. Educational materials requirements for licensed barber schools. Each barber school licensed by this board shall: (1) Supply each student with or require each student to obtain the textb…

Rule 20:39:03:06 Curriculum requirements for classroom education. 20:39:03:06. Curriculum requirements for classroom education. Each barber school offering a complete barber program, totaling 1500 hours, shall meet the following minimum curriculum requirements: (1) General infect…

Rule 20:39:03:07 Repealed. 20:39:03:07. Student barber practice. Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 8, effective August 3, 2020.

Rule 20:39:03:08 Credit for general coursework earned in related educational programs. 20:39:03:08. Credit for general coursework earned in related educational programs. A licensed cosmetologist, nail technician, or esthetician seeking a barber certificate may be granted maximum …

Rule 20:39:03:09 Credit for hours from other institutions. 20:39:03:09. Credit for hours from other institutions. Any individual seeking credit for coursework completed at an institution not teaching the practice of barbering, shall submit an official transcript from that institu…

Rule 20:39:03:10 Instructor requirements for initial licensure. 20:39:03:10. Instructor requirements for initial licensure. To receive an instructor license, the applicant shall: (1) Possess a South Dakota barber certificate of registration; (2) Complete at least one year of lice…

Rule 20:39:03:11 Instructor requirements and responsibilities. 20:39:03:11. Instructor requirements and responsibilities. All instructors employed at a school must: (1) Check clients receiving services from a student before, during, and after the performance of the services; (2) …

Rule 20:39:03:12 Substitute instructors. 20:39:03:12. Substitute instructors. A barber school licensed by the board may hire a substitute instructor if: (1) The individual is a registered barber in this state; (2) The substitute instructor instructs 80 hours or less during a cale…

Rule 20:39:03:13 Student barber practice. 20:39:03:13. Student barber practice. Student barber practice must meet the following conditions: (1) Each school shall place a sign, either on the front window or extending above the front door, giving the name of the school and stating …

Rule 20:39:03:14 Distance learning. 20:39:03:14. Distance learning. Students may earn a maximum of 300 hours of theory and classroom demonstrations through distance learning. The distance learning plan must be submitted to the board for approval. All distance learning must be com…

Rule 20:39:04:01 Number and location of examinations. 20:39:04:01. Number and location of examinations. The board shall administer examinations for barber and instructor certificates at a location designated by the board. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effec…

Rule 20:39:04:02 Location of examinations -- Notice. 20:39:04:02. Location of examinations -- Notice. The board shall, by notice posted one month in advance of each examination in the office of Department of Labor and Regulation, prescribe the location and date of each barber exa…

Rule 20:39:04:03 Passing scores for barber and instructor examinations. 20:39:04:03. Passing scores for barber and instructor examinations. Each applicant for registered barber and instructor shall pass a practical and written examination with a minimum score on each examination …

20:39:05:01. Fee for barber certificate of registration. The fee for the initial barber license is two hundred twenty-five dollars and includes the cost of examination or, for reciprocity applicants, a waiver of examination. For the annual renewal of a certificate of registration…

Rule 20:39:05:02 Rpealed. 20:39:05:02. Renewal fee for apprentice barber certificate of registration. Repealed. Source: 6 SDR 106, effective May 12, 1980; 12 SDR 159, effective April 10, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 214, effective June 20, 1995; 33…

20:39:05:03. Fee to operate a barber school. The fee to operate a barber school is six hundred dollars annually. Source: 6 SDR 106, effective May 12, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 51 SDR 108, effective April 28, 2025. General Authority: SDCL 36-14-9, 36-14…