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          12:62:11:05.  Action of secretary in cases referred by board. 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)  Control efforts of the landowner or operator;

          (2)  Control and enforcement efforts on adjoining land;

          (3)  Local board efforts and results;

          (4)  An evaluation of the menace to neighboring lands of the infestation; and

          (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.


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