Inspections, Display Rules and Discipline
About 5 of every 30 questions on a South Dakota Laws and Rules practice exam come from this topic.
Sources checked
The Commission doesn't publish the length, time limit or outline of its Laws and Rules exam. This practice exam's 30 questions, 60-minute timer and section weights are our estimate; the 75% pass mark is official.
What to know
The Commission, any state or local board of health, and their officers and employees may enter licensed salons and schools, and any other place where cosmetology is practiced or taught, during business hours for inspection and enforcement (SDCL 36-15-14). The salon or booth license must be prominently displayed during all working hours, each practicing licensee's license must be displayed in the licensee's primary working area, and licensees doing eyelash extensions or using microdermabrasion machines or electric files must display the Commission's certification of approved education in public view (ARSD 20:42:04:09 and 09.01). Every salon must post the most current health, safety and infection control rules in a prominent place, post the blood exposure rules in or near the first aid kit, and list any non-cosmetology service on an unregulated services sign in the reception area (ARSD 20:42:04:10 to 10.02). SDCL 36-15-56 lists the grounds for discipline, including fraud in procuring a license, deceptive statements to the public, habitual drunkenness or drug addiction affecting practice, employing unlicensed persons, failing to display a license, a felony conviction affecting practice, and knowingly practicing with an infectious or contagious disease; on those grounds the Commission may refuse to issue, revoke or suspend a license under chapter 1-26 (SDCL 36-15-55.2). Proceedings may start when the Commission has information of misconduct, incompetence, negligence, or unprofessional or dishonorable conduct; hearings require a majority of members present, decisions require a majority vote, and reinstatement by majority vote may rest on a written application showing compliance or on witness testimony, with conditions that may include automatic reinstatement after a fixed period (SDCL 36-15-58 to 58.5). Appeals follow chapter 1-26 (SDCL 36-15-59), and the acts listed in SDCL 36-15-60, such as unlicensed practice, failing to display a license conspicuously, or charging an apprentice for teaching, are Class 2 misdemeanors, while the Commission or any resident may seek an injunction in circuit court (SDCL 36-15-61). Salons and booths are inspected about once per calendar year without notice; four or more 'no' marks, or a 'no' on any bolded item, is a failure, a failed salon must be re-inspected within three weeks, and failing two consecutive inspections or a re-inspection is grounds for disciplinary action (ARSD 20:42:09:01, :04, :05).
Where it comes from
- SDCL 36-15-14
- SDCL 36-15-55.2
- SDCL 36-15-56
- SDCL 36-15-57
- SDCL 36-15-58
- SDCL 36-15-58.3
- SDCL 36-15-58.4
- SDCL 36-15-58.5
- SDCL 36-15-59
- SDCL 36-15-60
- SDCL 36-15-61
- ARSD 20:42:04:09
- ARSD 20:42:04:09.01
- ARSD 20:42:04:10
- ARSD 20:42:04:10.01
- ARSD 20:42:04:10.02
- ARSD 20:42:09:01
- ARSD 20:42:09:04
- ARSD 20:42:09:05
Try a practice question
Under SDCL 36-15-14, when may the Commission or a board of health employee enter a licensed salon to inspect it?
- ADuring the salon's business hours
- BOnly after 24 hours' written notice
- COnly while the owner is on site
- DOnly with a circuit court warrant
Show the answer
During the salon's business hours. The statute lets the Commission and state or local boards of health, and their officers and employees, enter licensed salons and schools during business hours for inspection and enforcement.
SDCL 36-15-14
Ready for a full run? The South Dakota Cosmetology Laws and Rules Practice Test is 30 questions in 60 minutes, scored at 75%. For the official exam's details, see South Dakota Cosmetology Laws and Rules Exam Requirements.