FOR AN ACT ENTITLED, An Act to revise disciplinary action remedies of the Cosmetology Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 36-15-55.2 be amended to read as follows:
    36-15-55.2. 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. If the commission determines that a person or business entity is in violation of this chapter, the commission may take the following actions:

            (9)    Impose a fee to reimburse the commission for all or any portion of attorney's fees and any other costs incurred by the commission in pursuing any disciplinary action or proceeding authorized by this chapter.
    Section 2. That chapter 36-15 be amended by adding thereto a NEW SECTION to read as follows:

    Any proceeding for the revocation or suspension of a license shall be conducted pursuant to chapter 1-26 and any rules promulgated pursuant to this chapter.
    Section 3. That § 36-15-56 be amended to read as follows:
    36-15-56. 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 improper statement or representation, with a view of deceiving the public, or any patron or customer in connection with the practice or education in cosmetology;

            (4)    Habitual drunkenness or drug addiction affecting the licensee's practice of the profession, or conviction of a violation of any federal or state law relating to narcotic drugs;

            (5)    Failure to furnish to the commission, any report or information which is required by

this chapter or rules adopted pursuant to this chapter;

            (6)    The employment of any unlicensed person to perform work which under this chapter can lawfully be done only by licensed persons;

            (7)    Failure to publicly display any license required by this chapter;

            (8)    Willfully making any false oath or affirmation whenever any oath or affirmation is required in this chapter or by rules adopted pursuant to this chapter;

            (9)    Conviction of a felony affecting the licensee's practice of the profession, as shown by a certified copy of the record of the court of conviction;

            (10)    Continued practice by persons knowingly having an infectious or contagious disease; and

            (11)    Practice of any cosmetology services for which the commission requires additional continuing education when the education has not been completed;

            (13)    Failure of any person to remit to the commission any fees, administrative fines, or any other moneys legally owed to the commission.