25 NAC 10-005
25 NAC 10-005. Procedure to Bring Weed Under or Remove from the County Control Program
Cite as Neb. Admin. Code tit. 25, ch. 10, § 005
005 Procedure to Bring Weed Under or Remove from the County Control Program.
005.01 Petition to bring weed under county program. Petitions filed with the director under and by virtue of the provisions of sections 2-954(1)(a) of the Noxious Weed Control Act shall be in the form prescribed in 25 NAC 10-008.11. Such petitions shall, in addition to the requirements of the provisions of the Noxious Weed Control Act, contain the following:
005.01A An affirmation by the control authority that adequate resources, including funds, personnel, and equipment are available to control the spread of the petitioned weed.
005.01B An affirmation by the control authority that the testimony and evidence presented at a public hearing on the petition generally supported the control authority's belief that special weed control problems exist within the county with respect to the petitioned weed.
005.01C An affirmation by the control authority that the spread of the weed petitioned for can be controlled through utilization of the resources of the control authority.
05.01D A statement of agreement or specified disagreement by the weed control superintendent of that county with respect to the affirmations of the control authority contained in the petition.
005.02 Removal of petitioned weed from county control program.
005.02A The control authority may petition the director to remove a previously petitioned weed from the county's control program by submitting a petition in the form prescribed in 25 NAC 10-008.12.
05.02B The director may remove a petitioned weed from the county control program by notifying the control authority of such in writing. Such removal may only occur upon a determination by the director that such weed is not being controlled by the county's weed control program, or no longer poses a serious or special problem in the county. Such notice shall provide the county an opportunity for a hearing before the director prior to the removal of the weed from the county control program.