South Dakota Board of Barber Examiners
Consumer Complaints
Complaints or concerns about a barber can be filed with the Board. Complaints must be in writing. The complaint needs to contain a brief explanation of the legal or ethical violation you believe was committed by the barber. The complaint must be signed and the Board must have an address and telephone number where you may be contacted. The Board does not accept third party complaints unless you are the parent or legal guardian of the person who has a complaint against the barber.
Investigative Action
The Board's complaint investigator shall act as the Board's Investigator (Investigator) on all complaints against a barber. Only the Investigator, and not other Board members, is to receive the complaint. The Investigator shall log each complaint against a barber by recording:
- The name, home address, and telephone number of the barber
- The name, address, and telephone number of the barber's employing facility
- The name, address, and telephone number of the complainant
- The date of the complaint
The ultimate disposition on the complaint must be recorded when the matter is concluded. The Investigator shall send a form letter to the complainant which:
- Acknowledges receipt of the complaint;
- A brief statement of the complaint
- Identifies the Investigator
- Informs the complainant that the allegations against the barber will be provided to the barber
- Notifies the complainant that a medical release or release of information may be sought from the barber's client to aid in the investigation
- Informs the complainant that disposition on the complaint will be reported to the complainant
After conducting a preliminary investigation, the Investigator must determine whether a hearing is warranted, the complaint should be dismissed for lack of sufficient evidence, or the matter should be resolved by an agreed disposition.
Hearing Warranted
If the Investigator finds that there is reason to believe that the barber has violated any of the provisions of South Dakota Codified Law (SDCL) chapter they are licensed under or Administrative Rule of South Dakota (ARSD), then the investigator must submit to the Board, during a closed meeting if the information to be presented is derogatory pursuant to SDCL 1-26-2, reasons and a recommendation for pursuing the matter at a hearing.
If the Board agrees, by majority vote of members present, with the Investigator's recommendation, the President of the Board, or the president's designee, shall promptly notify legal counsel for the Board of the Board's decision to commence a contested case hearing proceeding.
The notice of hearing shall be prepared, pursuant to SDCL Chapter 1-26, by legal counsel for the Board, signed by the President, and sent to the barber. Noticing the matter for hearing does not preclude a subsequent agreed disposition.
Dismissal for Lack of Sufficient Evidence
If the Investigator believes that the complaint should be dismissed for lack of sufficient evidence, the Investigator must submit to the Board, during a closed meeting if the information to be presented is derogatory pursuant to SDCL 1-26-2, reasons and a recommendation for the dismissal.
If the Board agrees, by majority vote of members present, with the Investigator's recommendation, the president of the Board, or the president's designee, shall promptly send a dismissal letter to the complainant and the barber.
If a majority of the Board members present do not agree to dismiss the complaint, the matter shall be noticed for hearing pursuant to 4(a) of this procedure.
Agreed Disposition
If the Investigator believes that the matter should be resolved by an agreed disposition between the Board and the barber, then the Investigator must submit, in writing, to the Board the proposed disposition with supporting reasons.
If the Board agrees, by majority vote by members present, with the Investigator's proposed disposition, then an agreed disposition and waiver of hearing shall be signed by the barber and president. After the agreed disposition and waiver of hearing is signed by the barber and president, the president shall send a letter to the complainant concerning the agreed disposition of the complaint.
All final findings of fact, conclusions of law, orders, decisions and agreed dispositions are available for public inspection pursuant to SDCL 1-26-2.