Title 36, PROFESSIONS AND OCCUPATIONS

No person may operate a salon or booth without a license. Any person who desires to operate a salon or booth where: (1) All of the practices of cosmetology are provided shall apply to the commission for a cosmetology salon or booth license, as applicable; (2) Only nail technology…

The owner of a salon or booth shall apply to the commission for a new license pursuant to § 36-15-51 if: (1) A salon or booth address is changed; (2) Sole ownership is changed; (3) A partnership has a change in any partner; or (4) The controlling ownership in a corporation is tra…

Any licensed nursing facility or licensed assisted living center that permits cosmetology services only to its residents and does not advertise as a salon is not required to have a salon license. Source: SL 2014, ch 181 , § 2; SL 2018, ch 235 , § 1.

A person who operates a licensed salon may allow more than one licensed cosmetologist, licensed esthetician, or licensed nail technician to share a work station or other space within the salon, provided that: (1) Each individual maintains the minimum equipment and sanitary requir…

Cosmetology, nail technology, and esthetics may only be practiced in a licensed salon or booth, notwithstanding the following exceptions: (1) Demonstrations: a demonstrator may perform a demonstration of cosmetology services for compensation, fee, or any other remuneration; (2) L…

The commission may, in compliance with chapter 1-26 , either refuse to issue, revoke, or suspend a license which is required by this chapter on any of the grounds for disciplinary action provided in this chapter. Source: SL 1972, ch 206 , § 47; revised pursuant to SL 1972, ch 15 …

The grounds for disciplinary action are: (1) Fraud or deception in procuring a license required by this chapter; (2) Failure of any person to comply with any of the requirements of this chapter or rules adopted pursuant to this chapter; (3) Publication or use of any untruthful or…

The Cosmetology Commission shall have the powers granted by §§ 1-26-19.1 and 1-26-19.2 at any hearing of any matter over which the commission has jurisdiction. Source: SDC 1939, § 27.1511; SL 1943, ch 106 , § 3; SL 1957, ch 118 , § 1; revised pursuant to SL 1972, ch 15 , § 4.

The proceedings for cancellation, revocation, or suspension of a license may be initiated when the cosmetology commission has information that any person may have been guilty of any misconduct as provided in § 36-15-56 , or is guilty of incompetence, negligence, or unprofessional…

All proceedings relative to the cancellation, revocation or suspension of a license, or relative to reissuing a license which has been revoked or suspended shall only be held when a majority of the members of the commission are present at such hearings. Source: SL 1972, ch 206 , …

The decision of the commission to suspend, revoke or cancel a license requires a majority vote of the commission members. Source: SL 1972, ch 206 , § 50.

By majority vote, the commission may reinstate or reissue a suspended or revoked license upon: (1) Written application establishing compliance with existing licensing requirements; or (2) Testimony by witnesses. The commission may impose conditions for the reinstatement of a lice…

An appeal may be taken from orders or decisions of the Cosmetology Commission acting pursuant to this chapter as provided by chapter 1-26 . Source: SDC 1939, § 27.1511; SL 1943, ch 106 , § 3; SL 1957, ch 118 , § 1; SL 1972, ch 206 , § 55.

The commission may employ personnel as it deems necessary to administer and enforce the provisions of this chapter. The commission may pay the travel and subsistence expenses of each employee pursuant to the provisions of § 3-9-2 . However, no employee of the commission may be co…

No person may: (1) Practice cosmetology, nail technology, or esthetics without a license; (2) Intentionally make any false oath or affirmation whenever an oath or affirmation is required by this chapter or rules promulgated to this chapter; (3) Fail to display any license in a co…

The commission or any resident of this state may bring an action in circuit court for an injunction to: (1) Restrain any person or corporation from the practice of or education in cosmetology without a valid license; (2) Restrain the operation of any salon or school without a val…

This chapter shall be known and cited as the Cosmetology Act. Source: SL 1972, ch 206 , § 58.

All fees provided for in this chapter shall be paid in advance to the secretary - treasurer of the State Cosmetology Commission, and shall be kept by the commission to pay its necessary expenses including the paying of any additional assistance required by the commission in perfo…