Administrative Rule 20:42:03 | South Dakota Legislature

20:42:03:01. Application required. For all licenses and permits required under SDCL chapter 36-15, an application must be made on the appropriate form, be complete, legible and accompanied by the appropriate application fee. By submitting an application, an applicant certifies, under penalty of perjury, that the information submitted by the applicant is true and correct. An applicant may be required to clarify, expand, or provide additional information as needed to fully evaluate the application. All applications shall be sent to the office of the commission.

General Authority: SDCL 36-15-13(1)(16).

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

Rule 20:42:03:02 Repealed.

20:42:03:02. Filing of applications for licensure. Repealed.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 39 SDR 129, effective January 28, 2013.

Rule 20:42:03:03 Fees.

20:42:03:03. Fees. The fees for licenses, permits, and license renewals are as follows:

(1) Examination fee which includes the initial license, $100;

(2) Examination retake fee, one test, $60; two tests, $70; three tests, $80;

(3) Cosmetologist, nail technician, or esthetician license renewal fee, $25;

(4) Temporary cosmetologist, nail technician, or esthetician license fee, $6;

(5) Instructor initial license fee and renewal fee, $35;

(6) Reciprocity, initial license, and waiver of examination fee, $100;

(7) For certification of a license issued pursuant to SDCL chapter 36-15 for a South Dakota licensee to obtain licensure in another state, or furnishing of other papers to another state or school, $20;

(8) Apprentice license fee, $25;

(9) Apprentice salon initial license and renewal fee, $250;

(10) School initial license fee and renewal fee, $300;

(11) Student license fee, $6;

(12) Salon or booth initial permit license fee, $60;

(13) Salon or booth license renewal fee, $40;

(14) Reinspection fee for failed salon, $50 for each reinspection;

(15) License duplicate or replacement fee, $5; and

(16) Lapsed license penalty, $20 for each year lapsed.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 18 SDR 79, effective November 7, 1991; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 83, effective December 11, 2018 (effective January 1, 2020); 47 SDR 8, effective August 3, 2020.

General Authority: SDCL 36-15-13(12), 36-15-20, 36-15-20.1.

Law Implemented: SDCL 36-15-20, 36-15-20.1.

Rule 20:42:03:04 Requirements for individual licensure applicants.

20:42:03:04. Requirements for individual licensure applicants. All applicants for initial individual licensure shall submit the following in English:

(1) A certified copy of the person's birth certificate, United States certificate of naturalization, current United States Permanent Resident Card, current United States passport, or a current driver license issued by a state or provincial government of the United States or Canada;

(2) A personal photograph of the applicant taken within the preceding year;

(3) Proof in writing, on forms furnished by the commission, that the person possesses the necessary qualifications for the license sought; and

(4) For an applicant who received an education in cosmetology, esthetics, or nail technology in another state, proof of the education by a transcript from the school attended or a certification of the education from the state's cosmetology licensing agency. The transcript or certification must be transmitted directly to the commission by the school or the state's cosmetology licensing agency. The executive director may reject an application that does not contain proof of education recognized by another state's cosmetology licensing agency.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 46 SDR 46, effective October 3, 2019; 47 SDR 8, effective August 3, 2020.

General Authority: SDCL 36-15-13(1).

Law Implemented: SDCL 36-15-15.

Rule 20:42:03:05 Repealed.

20:42:03:05. Subsequent individual license applications.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:03:06 License specific requirements for individual licensure applicants.

20:42:03:06. License specific requirements for individual licensure applicants. An applicant for any of the following specific individual licenses shall submit the following additional information on forms provided by the commission:

(1) Student license: a certificate of admission by the owner or school administrator of a licensed South Dakota school;

(2) Cosmetologist or nail technician license: information relating to school and education and the number of education hours or equivalent credit hours received;

(3) Esthetician license: information relating to school and education and that the applicant has completed a minimum of six hundred hours of education or equivalent credit hours in an approved and licensed cosmetology or esthetics school;

(4) Temporary license: information required for a cosmetologist, esthetician, or nail technician license, a certificate of graduation from a licensed school, and the location where the applicant intends to practice under a temporary license;

(5) Temporary permit for reciprocity: the salon name and address where the applicant intends to practice under the temporary permit;

(6) Apprentice license: in addition to the requirements in SDCL 36-15-42, a signed, certified letter from the salon owner stating the name and address of the salon where the apprentice education will be provided and the name and license of the instructor; and

(7) Instructor license: must meet the requirements of SDCL 36-15-25 and § 20:42:08:03.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 32 SDR 32, effective August 29, 2005; 33 SDR 226, effective July 1, 2007; 39 SDR 129, effective January 28, 2013; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-2.3, 36-15-13(1), 36-15-26.2.

Law Implemented: SDCL 36-15-2.3, 36-15-17, 36-15-17.1, 36-15-19.2, 36-15-22, 36-15-25, 36-15-33, 36-15-42, 36-15-50, 36-15-50.1.

Rule 20:42:03:06.01 Applicant for licensure by reciprocity allowed credit for work experience.

20:42:03:06.01. Applicant for licensure by reciprocity allowed credit for work experience. An applicant for licensure by reciprocity may be allowed credit for work experience as follows:

(1) Cosmetologist license: a maximum of 750 hours of the school education hours required in § 20:42:06:09 may be earned through work experience. Two hours of work experience equals one hour of school education. If the applicant obtained the work experience more than five years before the date of the application, the applicant must take a commission-approved safety and infection control procedures course in order to receive credit for the work experience;

(2) Nail technician license: a maximum of 200 hours of the school education hours required in § 20:42:06:09.01 may be earned through work experience. Two hours of work experience equals one hour of school education. If the applicant obtained the work experience more than five years before the date of the application, the applicant must take a commission-approved safety and infection control procedures course in order to receive credit for the work experience; and

(3) Esthetician license: a maximum of 300 hours of the school education hours required in § 20:42:06:09.02 may be earned through work experience. Two hours of work experience equals one hour of school education. If the applicant obtained the work experience more than five years before the date of the application, the applicant must take a commission-approved safety and infection control procedures course in order to receive credit for the work experience.

Source: 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 24 SDR 2, effective July 23, 1997; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 47 SDR 8, effective August 3, 2020.

General Authority: SDCL 36-15-13(14).

Law Implemented: SDCL 36-15-19.2.

Rule 20:42:03:06.02 Transferred.

20:42:03:06.02. Transferred to § 20:42:03:13.

Rule 20:42:03:06.03 Foreign-educated applicants for licensure.

20:42:03:06.03. Foreign-educated applicants for licensure. In addition to the requirements of SDCL 36-15-15 and 36-15-19.2, an applicant from a foreign country shall have successfully completed 225 cosmetology education hours, 90 esthetics education hours, or 60 nail technician education hours, as applicable, at a school approved by the commission. The education shall include federal safety requirements (OSHA and FDA) for cosmetology, South Dakota cosmetology safety and infection control procedures, and United States cosmetic products.

Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 47 SDR 8, effective August 3, 2020.

General Authority: SDCL 36-15-13(1).

Law Implemented: SDCL 36-15-19.2.

Rule 20:42:03:07 Salon or booth license.

20:42:03:07. Salon or booth license. Any application for a salon or booth license shall state that the salon or booth complies with all rules of the commission relating to salons or booths. The premises or location must have a salon license before any booth license is issued to that premises or location. The salon or booth license is not transferable.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(1).

Law Implemented: SDCL 36-15-51.

Rule 20:42:03:07.01 Repealed.

20:42:03:07.01. Booth license requirements. Repealed.

Source: 29 SDR 176, effective July 1, 2003; repealed, 33 SDR 226, effective July 1, 2007.

Rule 20:42:03:08 Limited cosmetology salon or booth license.

20:42:03:08. Limited cosmetology salon or booth license. In addition to the requirements of SDCL 36-15-51, any application for a limited salon or booth license shall state the following:

(1) A list of the facilities and equipment it will have; and

(2) That the salon or booth complies with all rules of the commission relating to salons or booths.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(1).

Law Implemented: SDCL 36-15-51.

20:42:03:09. School or branch school license. Any application to operate a school or branch school shall certify that the school or branch school is in compliance with all provisions of SDCL chapter 36-15 relating to schools.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.

General Authority: SDCL 36-15-13(1).

Law Implemented: SDCL 36-15-13(1), 36-15-13(4), 36-15-29.

Declaratory Ruling: SDCL 36-15-37 provides that "(n)o owner, employer manager, or any other person may conduct simultaneously a salon and a school, unless the salon is conducted separately from the school so as not to be construed by the public as one enterprise." A salon to be owned by the operator of a school and operating in the same premises as a school with the school's instructors as stylists and using the fixtures of the school, but not offering its services to the general public and only providing service during time when the school was not operating, with a separate entrance and signage for the salon and instructors using their own equipment and products, found to not be eligible for a salon license pursuant to SDCL 36-15-37. Cosmetology Commission Declaratory Ruling, Case No. 04-2023.

Rule 20:42:03:10 Repealed.

20:42:03:10. Bond required of beauty schools.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:03:11 Repealed.

20:42:03:11. Waiver of beauty school bond.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 6 SDR 10, effective August 12, 1979.

Rule 20:42:03:12 Renewal requirements and renewal dates of licenses.

20:42:03:12. Renewal requirements and renewal dates of licenses. A license renewal application, along with the appropriate renewal fee, shall be submitted to the commission or postmarked by the annual license renewal date for all licenses and permits issued pursuant to SDCL chapter 36-15.

The annual license renewal dates are as follows:

(1) Cosmetologist, nail technician, esthetician, and instructor: application for renewals shall be submitted on or before the licensee's birth date as shown as the expiration date on the face of the current license; and

(2) All salons and booths: application for renewals shall be submitted on or before the anniversary date of the initial license as shown as the expiration date on the face of the current license.

A name change request must be accompanied by a legal document showing the previous name and the new legal name.

If a licensee has met the requirements of this section, the licensee may continue to practice pending issuance of the renewed license. Any license that is not renewed pursuant to the requirements of this section shall lapse.

Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 176, effective July 1, 2003; 31 SDR 62, adopted October 15, 2004, effective January 1, 2006; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 45 SDR 31, effective September 10, 2018.

General Authority: SDCL 36-15-2.4, 36-15-13(1).

Law Implemented: SDCL 36-15-2.4, 36-15-13(1).

Rule 20:42:03:13 Requirements for renewal of a lapsed license--overrun period.

20:42:03:13. Requirements for renewal of a lapsed license--overrun period. An individual who wishes to renew a lapsed license shall meet the requirements of § 20:42:03:12 and pay the license renewal fee and lapsed license penalty fee required in § 20:42:03:03 for each lapsed year. In addition, an individual whose license has lapsed for more than five continuous years shall complete one of the following:

(1) Pass the current licensing examinations; or

(2) Attend at least a two-hour review course on South Dakota cosmetology laws, rules, and safety procedures. The review course must be pre-approved by the commission. After completing the course, the applicant must pass an examination given by the commission on safety and infection control procedures.

Any licensee continuing to perform or offering to perform services, licensed under SDCL chapter 36-15, sixty days or more after license expiration shall be subject to disciplinary proceedings.

Source: 26 SDR 18, effective August 15, 1999; 29 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 33 SDR 226, effective July 1, 2007; transferred from § 20:42:03:06.02, 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017.

General Authority: SDCL 36-15-13(7), 36-15-20.1.

Law Implemented: SDCL 36-15-11(4), 36-15-20.1.

Rule 20:42:03:14 Waiver of exam for reciprocity applicants.

20:42:03:14. Waiver of exam for reciprocity applicants. The examination requirement under SDCL 36-15-19.1, 36-15-19.3, or 36-15-19.5 is waived for an applicant who has successfully passed a state-administered or authorized theory examination in another state.

Source: 46 SDR 46, effective October 3, 2019; 47 SDR 8, effective August 3, 2020.

General Authority: SDCL 36-15-13(1)(2), 36-15-19.2.

Law Implemented: SDCL 36-15-19.2.

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