South Dakota Cosmetology Commission
Consumer Complaints
Disciplinary Actions (Adobe PDF format)
Reinstatement of a Suspended or Revoked License
Any member of the public, a commission member or a commission inspector can file a complaint about licensees or businesses regulated by the Cosmetology Commission. If you suspect unlicensed activity or if you think the law has been violated by a licensed professional or a business, you can file a complaint with the Commission office. You should know:
- Complaints must fall within the Commission's legal authority.
- Complaints cannot be kept confidential.
- Complaints must be filed in writing. (Use the Complaint Form, Adobe PDF format.)
- Complaints must clearly identify the problem in detail.
- As the complaining party, you must attach any pertinent documents or evidence to support the complaint.
Commission's Authority
Under South Dakota law, the Commission may revoke, suspend or refuse to issue a license and has the authority to take action against licensees for violations (basically, safety and sanitation violations), including:
- Fraud or deception
- Failure to comply with any of the cosmetology laws or rules
- Deceiving the public in connection with the practice or instruction of cosmetology
- Drug and/or alcohol abuse
- Failure to furnish information required by the laws or rules
- Unlicensed practice or employment of unlicensed persons (a person must be licensed to provide nail services, cosmetology services, facial services or to teach these procedures)
- Failure to publicly display any required license
- Willfully making any false oath
- Conviction of any crime or felony
- Continued practice by persons knowingly having an infectious or contagious disease
Complaint Procedure
The Cosmetology Commission takes complaints against licensees seriously. A complaint is handled as soon as it is received by the Commission office staff, who will acknowledge its receipt.
First, we make a determination on whether the alleged facts show a violation of existing laws or regulations. If we determine that a violation of law or rule did occur, the complaint is referred to the Commission's Investigation Committee.
Next, we begin an investigation into the facts of the case. We inform the licensee, conduct interviews and gather evidence. The committee reviews the gathered information and evidence and decides whether to negotiate a settlement, file a formal complaint or dismiss the case for lack of evidence. At any time during this procedure, a settlement may be reached. You will be informed of the committee's decision.
If a formal complaint is filed, the licensee is entitled to a formal hearing. Depending on the case, either a majority of the Cosmetology Commission or an administrative law judge hears the case. If the hearing is conducted by the Commission, a majority vote is required to dismiss, refuse, revoke or suspend a license. During this hearing both sides may present evidence and witnesses, and lawyers will be present.
After the hearing, the licensee will be informed of the final decision (called Findings of Fact and Conclusions of Law). The licensee has the right to appeal the decision to the circuit court and South Dakota Supreme Court.
Injunctions
When an unlicensed person perform services that fall under cosmetology law, the Cosmetology Commission (or any citizen of South Dakota) may bring action in circuit court seeking an injunction. An injunction restrains any person, corporation and/or establishment from the practice of or instruction in cosmetology without a valid license.
Reinstatement of a Suspended or Revoked License
Someone with a suspended or revoked license may apply for reinstatement. A written application establishing compliance with existing licensing requirements and demonstrating sufficient reasons for reinstatement must be sent to the Commission office. This application is reviewed by the Investigating Committee, which will schedule a hearing in front of the majority of the Commission. By majority vote, the Commission may impose, reinstate or reissue a license to any person whose license has been suspended or revoked.
Public Information
Disciplinary actions taken by the Commission are public information and available on this website in Adobe PDF format.