The secretary shall review board requests for assistance with noncompliance cases and may accept or reject them. The decision to accept or reject shall be based on the following criteria:

1. (1) Control efforts of the landowner or operator;
2. (2) Control and enforcement efforts on adjoining land;
3. (3) Local board efforts and results;
4. (4) An evaluation of the menace to neighboring lands of the infestation; and

5. (5) Board publication of a legal notice of the noxious weeds, declared pests, and commission approved locally noxious weeds and locally declared pests before April 1 of each year or at least 30 days before the filing of a request for assistance.

   All requests for assistance shall be made on a form approved by the commission. Once accepted, a case will remain under departmental jurisdiction until released by the department.

Source: 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.

General Authority: SDCL 38-22-7 , 38-22-11.

Law Implemented: SDCL 38-22-16 , 38-22-16.1 , 38-22-32.