Title 36, PROFESSIONS AND OCCUPATIONS

A licensed apprentice who has completed hours in cosmetology, esthetics, or nail technology may apply the completed hours towards meeting the curriculum requirements of another apprentice program if the completed hours meet the requirements of the other program. Source: SL 2024, …

A person who has completed hours under an apprenticeship or at a licensed school may have those completed hours be transferable between an apprenticeship, program, or school if allowed by the institution to which the person is transferring. Source: SL 2024, ch 157 , § 8.

The commission shall organize at its first meeting after July first of each year by electing from its membership a president, a vice - president, and a secretary - treasurer. The commission shall meet at such times and places as shall be designated by the commission. Any three me…

The Cosmetology Commission shall continue within the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information, and reports in the form and at such times as required…

Any person who successfully completes the term of apprenticeship pursuant to this chapter may apply to the commission for a temporary license which will authorize the applicant to perform all the practices of a regularly licensed cosmetologist, esthetician, or nail technician, as…

Any person who successfully completes a course of education in an approved and licensed school in this state, or in any other licensed cosmetology, nail technology, or esthetics school, as applicable, not located within this state that is shown to the satisfaction of the commissi…

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…

Any person, firm, partnership, limited liability company, or corporation engaged, or offering to engage, in business as an electrical contractor as defined in § 36-16-2 or any person performing the work as defined in this chapter, shall obtain a license from the State Electrical …

All reasonable and necessary expenses incurred in conducting the business of the State Electrical Commission shall be allowed and paid by the commission. Source: SL 1963, ch 216 , § 4 (4).

The State Electrical Commission shall adopt a seal. The commission shall promulgate rules, pursuant to chapter 1-26 , pertaining to: license applications, examinations, continuing education, qualifications, wiring permits, electrical installation, inspection fees and procedures; …

Any person, partnership, company, corporation, or association that for a fixed sum, price, fee, percentage, or other consideration, undertakes or offers to undertake with another to plan, lay out, supervise, install, make additions, make alterations, or make repairs, in the insta…

The State Electrical Commission may issue a maintenance electrician's license to a public entity, firm, partnership or corporation. The maintenance electrician license shall be limited to electrical maintenance work, as defined by electrical commission rules, performed at the pub…

The State Electrical Commission may issue an inactive Class B electrician license, inactive electrical contractor license, an inactive 501(d) electrician license, and an inactive journeyman electrician license. No person holding an inactive license may perform any job requiring a…

No contract, agreement, or understanding with another for the installation of electrical wiring or the installation of electrical parts of other apparatus shall be entered into by anyone not an electrical contractor. Provided, however, that a Class B electrician, as defined in § …

No license is required of a person installing electric wiring in or on: (1) The person's own residence, including attached or unattached accessory structures and the parcel of land upon which the structures are situated; (2) The person's own farmstead; (3) The premises of a singl…

The following persons are not required to hold an electrician's license: (1) An employee of a utility engaged in the manufacture and distribution of electrical energy if engaged in work directly pertaining to the manufacture and distribution of electrical energy, or a person that…

The State Electrical Commission shall promulgate rules, pursuant to chapter 1-26 , to establish and collect biennial fees for licenses. The class of electricians who may be licensed under this chapter, and biennial fees required to be paid for the license, may not exceed the foll…

A person shall have at least two years of experience as a journeyman electrician or at least one year of commercial experience as a Class B electrician before making application for an electrical contractor's license. Source: SL 1963, ch 216 , § 2 (4); SL 1978, ch 272 , § 3; SL 2…

Terms used in this chapter mean: (1) "Apprentice electrician," a person learning the trade under the supervision and employment of an electrical contractor, journeyman electrician or Class B electrician, or a person learning the trade under the supervision of a 501(d) electrician…

Before receiving a license as an electrical contractor or as a Class B electrician, an applicant shall execute and deposit with the State Electrical Commission an undertaking in the sum of ten thousand dollars, and a public liability insurance policy in a sum of not less than one…

An apprentice shall register with the State Electrical Commission. The State Electrical Commission may promulgate rules, pursuant to chapter 1-26 , to establish and collect a biennial registration fee not to exceed twenty dollars. Biennial fee requirements apply in even-numbered …

An individual applying for a license under this chapter shall pay a fee, take an oath, and submit written evidence of having the required experience. If a partnership, company, corporation, or association applies for a license, an officer or manager thereof shall make the applica…

To the extent that other states which provide for the licensing or registering of electricians provide for similar action, the State Electrical Commission may grant a license of the same grade or class to electricians registered or licensed by other states, upon payment by the ap…

A license issued under this chapter shall be approved by the State Electrical Commission. However, this chapter does not apply to emergency repairs to farmstead and residential wiring. Each license shall be for a term of two years and shall expire at midnight on June thirtieth fo…

An electrical contractor's license shall terminate upon death of said contractor; however, the State Electrical Commission may authorize the carrying on of said business until arrangements can be made to complete work under contract or to otherwise comply with the provisions of t…

All electrical wiring, apparatus, or equipment shall comply with the rules promulgated and adopted by the State Electrical Commission. The rules shall conform to approved methods of construction and promote the safety of life and property. No new electrical service entrance excep…

Every person registered under the provisions of this chapter or doing electrical work described by § 36-16-15 shall report the same to the State Electrical Commission upon forms furnished by the commission for that purpose. Source: SL 1963, ch 216 , § 14; SL 1986, ch 315 , § 12.

The State Electrical Commission shall approve inspectors qualified in accordance with subdivision 36-16-2(4) and shall, in compliance with chapter 1-26 , establish the rules to be followed by the inspectors. An inspector may inspect any wiring installation and approve or condemn …

The State Electrical Commission shall perform all functions exercised by the former State Electrical Board. The State Electrical Commission consists of seven members to be appointed by the Governor for a term of three years. No member may serve more than three consecutive full te…