South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:62 - Weed and pest control
Chapter 12:62:11 - Enforcement procedures
Section 12:62:11:05 - Action of secretary in cases referred by board
Current through Register Vol. 50, page 114, March 25, 2024
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.
General Authority: SDCL 38-22-7, 38-22-11.
Law Implemented: SDCL 38-22-16, 38-22-16.1, 38-22-32.
