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Administrative Rules

CHAPTER 20:42:09

 

INSPECTIONS

Section

20:42:09:01        Salon or booth inspections.

20:42:09:02        School inspections.

20:42:09:03        Student inspections.

20:42:09:04        Failed inspections.

20:42:09:05        Re-inspections.




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 inspection amount.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15).

          Law Implemented: SDCL 36-15-11(1), 36-15-13(15).

 




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(1), 36-15-13(15).

 




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 that line item.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15).

          Law Implemented: SDCL 36-15-11(1), 36-15-13(15).

 




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 inspection report fails the inspection. Multiple violations of a law or rule are separate violations.

 

          Any student receiving four or more "no" marks on the student inspection report fails the inspection. Upon a failed inspection by a student, the inspector, a school representative, or both, shall review the inspection report with the student.

 

          A salon or booth receiving four or more "no" marks on the inspection report fails the inspection.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15)

          Law Implemented: SDCL 36-15-11(1), 36-15-13(15).

 

          Cross Reference:  ARSD chapter 20:42:10.

 




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 § 20:42:09:04.

 

          Failing a re-inspection is grounds for disciplinary action.

 

          Source: 46 SDR 46, effective October 3, 2019.

          General Authority: SDCL 36-15-13(15).

          Law Implemented: SDCL 36-15-13(15).

 

          Cross References: Fees § 20:42:03:03(14), Disciplinary Proceedings chapter 20:42:10.

 

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