Title 36 — PROFESSIONS AND OCCUPATIONS

The board may at any time require any abstracter holding a certificate under the provisions of this chapter, upon thirty days' notice, to furnish such additional bonds as the board deems proper to meet the requirements of this chapter, and, in proceedings under chapter 1-26 , to …

Any person damaged by or on account of any error, deficiency, or mistake in any abstract or certificate of title or continuation thereof, whether or not the original purchaser, owner, or holder of the abstract, may maintain an action upon the bond required by § 36-13-15 in the pe…

The board shall organize by the election of a president and secretary-treasurer from its members. The secretary-treasurer shall furnish a bond in the sum of not less than fifteen thousand dollars. Source: SDC 1939, § 1.0102; SL 2008, ch 195 , § 5.

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

A certificate issued by the board under the provisions of this chapter shall recite that the bond required by § 36-13-15 has been duly filed and approved. Such certificate authorizes the person named in it to engage in and carry on the business of an abstracter of real estate tit…

A certificate of registration shall be issued upon the payment of a fee set by the board by rules promulgated pursuant to chapter 1-26 . The fee for a certificate of registration may not exceed the following: for counties with a population of ten thousand or less, five hundred do…

The board shall charge to and collect from the applicant for a certificate of registration for a new plant or the transfer of a certificate of registration, the actual expenses of inspecting and approving the new plant or transfer of registration including per diem, travel, and r…

The board may issue a temporary certificate to any person desiring to engage in the business of abstracting in any county where there is no registered abstracter, or where the only existing abstract plant has been destroyed so that its records and indexes are not available, or wh…

The board shall enter the names of all applicants for registration with their place of residence and such other information as may be deemed appropriate in a register. The register shall include any action taken by the board regarding the applicant and the date upon which the cer…

Any abstracter furnishing abstracts of title to real property under the provisions of this chapter shall first obtain a seal and shall deposit an impression of the seal with the secretary-treasurer of the board before the certificate of registration may be issued. The seal shall …

The board shall, by rule promulgated pursuant to chapter 1-26 , establish a schedule of fees for doing business under the provisions of this chapter and shall furnish to each licensed abstracter a copy of such schedule and any amendments. The board shall also establish, by rule p…

Any abstract of title certified to be true and correct by any abstracter holding a valid certificate of registration pursuant to this chapter, under the signature and seal of such abstracter, shall be received by the courts of this state as prima facie evidence of the existence o…

An abstracter's countersignature on a title insurance policy is verification that the abstracter has furnished the insurer a report based on the examination of record title and any other title information and services required by the insurer and §

If the records of any county are destroyed or so spoiled as to be unintelligible, any of the certified abstracters in that county shall furnish to the county a copy of any of its abstracts, indexes, or other records of any instruments that the county may require by resolution of …

A certificate of registration may be suspended or revoked by the board for violation of any provision of this chapter or upon conviction of the holder of such certificate of a crime involving moral turpitude or dishonesty, or for violation of any lawful order of the board, or whe…

No certificate may be suspended or revoked pursuant to § 36-13-28 except upon proceedings in compliance with chapter 1-26 . Source: SDC 1939, § 1.0114; revised pursuant to SL 1972, ch 15 , § 4; SL 2008, ch 195 , § 35. 36-13-30. Omitted.

Any money received by the board shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Any money received shall be deposited with the state treasurer. The state treasurer shall credit the money to the Abstracters' Boar…

An appeal may be taken by any person affected by any order or decision of the board as provided by chapter 1-26 . Source: SDC 1939, § 1.0116; revised pursuant to SL 1972, ch 15 , § 4; SL 2008, ch 195 , § 36. 36-13-32, 36-13-33. Omitted.

The board shall keep a permanent record of its receipts and disbursements with the supporting vouchers. The records of the board shall be open to public inspection and its accounts shall be subject to audit by the Department of Legislative Audit or the state auditor. Source: SDC …

The board shall carry out the purposes and enforce the provisions of this chapter. The board shall have a seal in such form as it may design, but the seal shall contain the words, "State of South Dakota, Abstracters' Board of Examiners." Source: SDC 1939, §§ 1.0101, 1.0102; revis…

The board may promulgate rules pursuant to chapter 1-26 for the following: (1) The fee for examinations pursuant to § 36-13-11 ; (2) The fee for plant examinations pursuant to § 36-13-10 ; (3) The areas of the law to be included and other requirements for conducting examinations …

The president and secretary-treasurer of the board have the powers granted by §§ 1-26-19.1 and

Any person engaging in or continuing in the business of abstracting of titles to property within the state shall first obtain a certificate of registration, file the required bond, and comply with the other requirements of this chapter and the rules promulgated by the board pursu…

Any person making, compiling, or certifying to abstracts of title to property in this state without having a certificate of registration from the board commits a Class 1 misdemeanor. Source: SDC 1939, § 1.9901; SL 1977, ch 190 , § 175; SL 2008, ch 195 , § 13.

The board is empowered to commence actions for injunction for violation of this chapter or rules promulgated pursuant to this chapter as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election. Source: SL 1972, ch 15 , § 4; SL…

Any one or any combination of the following practices when done for compensation, or without payment for the public generally, upon the upper part of the human body for cosmetic purposes, and not for the treatment of physical or mental ailments, shall constitute the practice of b…

36-14-11 Certificate of registration required. 36-14-12 Persons exempt from requirements of chapter. 36-14-13 Registration and licensing of barbers--Qualification. 36-14-13.1 36-14-13.1 , 36-14-13.2. Repealed by SL 2017, ch 175 , §§ 4, 5. 36-14-14 Qualifications for transfer of l…

No person may practice barbering without having a certificate of registration issued by the Board of Barber Examiners. Source: SDC 1939, § 27.1607; SL 1961, ch 132 ; SL 2017, ch 175 , § 2.

The provisions of this chapter shall not apply to the following persons, while in the proper discharge of their professional duties: (1) Persons authorized by the law of this state to practice medicine and surgery; (2) Employees in state penal and charitable institutions; (3) Reg…

Any person who meets the following requirements is entitled to a license or certificate of registration as a registered barber: (1) Is at least eighteen years old; (2) Submits an application in compliance with § 36-14-18 ; (3) Completes fifteen hundred hours of education or equiv…

Any person who is at least eighteen years of age may transfer a barber license or registration to this state if the applicant has: (1) A license or certificate of registration as a barber from another state or country that has substantially the same requirements for licensing or …

No school of barbering shall be approved by the Board of Barber Examiners unless it requires as a prerequisite to graduation a course of instruction of not less than nine months with a minimum of fifteen hundred hours, such course of instruction to include the following subjects:…

Each applicant for an examination or initial registration as a barber pursuant to § 36-14-14 shall make application to the Board of Barber Examiners on forms prepared and furnished by the board, setting forth, under oath, the particular qualifications of the applicant. An applica…

The Board of Barber Examiners shall conduct examinations not less than two times each year at such time and place as the board may determine. The examinations shall include both a practical demonstration and a written test, which shall embrace the subjects taught in schools of ba…

The Governor shall appoint a Board of Barber Examiners which shall include three professional members. The term of each is three years commencing on the thirty-first day of October. The appointee's term expires on October thirtieth in the third year of appointment. Any member's t…

The membership of the Board of Barber Examiners shall include one lay member who is a user of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, where practical, uses the service licensed. The term sha…

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair. Source: SDC 1939, § 27.1614. 36-14-21. Repealed by SL 2017, ch 175 , § 9.

36-14-22 Registered barber--Certificate renewal--Expiration. 36-14-23

Each registered barber who continues in active practice shall annually, on or before May thirty-first, renew the barber's certificate of registration and pay the required fee. Each certificate of registration, unless renewed, expires on June first. Source: SDC 1939, § 27.1615; SL…

36-14-24 Fees generally--Promulgation of rules. 36-14-25 Restoration of lapsed certificate. 36-14-26 Record of proceedings relative to certificates--Contents--Public inspection. 36-14-27 Barbershop license--Supervision by registered barber--Penalty--Application--Fee--Promulgation…

The Board of Barber Examiners shall promulgate rules, in accordance with chapter 1-26 , to set the following fees, which may not exceed the amounts specified: (1) An examination to determine an applicant's fitness to receive a certificate of registration to practice barbering and…

A registered barber who does not continue in active practice or service may have the barber's certificate of registration restored at any time within three years, by paying the required restoration fee. Source: SDC 1939, § 27.1615; SL 1964, ch 88 , § 4; SL 2017, ch 175 , § 12.

The Board of Barber Examiners shall keep a record of its proceedings relative to the issuance, refusal, renewal, suspension, and revocation of certificates of registration, which record shall contain the name, place of business, and the residence of each registered barber and the…

It is a petty offense for any person to operate a barbershop unless the barbershop is licensed by the Board of Barber Examiners and is at all times under the direct supervision and management of a registered barber. Application for a license to operate a barbershop must be made, …

No shop license may be issued to any person for any new shop wanting to commence operation, or for any shop changing hands, or changing location, until the shop has passed an inspection of the premises and equipment. The inspection shall be made by the Board of Barber Examiners p…

The license required by § 36-14-27 must be conspicuously displayed in the barbershop. A license is not transferable from person to person, location to location, or to a new operator at the same location. The license expires on May thirty-first each year. Source: SDC 1939, § 27.16…

A majority of the Board of Barber Examiners, in meeting duly assembled, may perform and exercise all the duties and powers devolving upon the board. Source: SDC 1939, § 27.1605; SL 1964, ch 88 , § 1; SL 1968, ch 117 , § 1.

After the inspection provided for in § 36-14-28 , a barbershop must be inspected annually by the Board of Barber Examiners. The board may charge a fee for an annual inspection. If the barbershop does not pass the annual inspection and the inspector must go back to the barbershop …

The operator of a mobile barbershop shall pay a license fee required by § 36-14-27 annually for each mobile shop operated. Such mobile barbershop after original inspection pursuant to § 36-14-28 shall be inspected annually by the State Board of Barber Examiners. No mobile barbers…

The Board of Barber Examiners may refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes: (1) Conviction of a felony; (2) Malpractice or incompetency; (3) Continued practice by a person knowingly having an infectious or…