.04 Tier 1 Prohibitions and Approvals.

A. Except as approved by the Secretary under this regulation, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a Tier 1 invasive plant in the State.

B. A person may conduct an activity prohibited under §A of this regulation if:

(1) The person receives approval from the Secretary before conducting the activity; and

(2) The activity is for the purpose of:

(a) Disposing of the invasive plant;

(b) Controlling the invasive plant;

(c) Using the invasive plant for research or educational purposes; or

(d) Exporting the invasive plant out of the State

C. A person has the Secretary’s approval and may engage in any activity prohibited by §A of this regulation for the limited purpose of:

(1) Controlling a Tier 1 invasive plant, provided:

(a) The person is not a commercial entity;

(b) The plant is not taken off-site; and

(c) The plant is not placed at a location in the proximate vicinity of a roadway or waterway that could facilitate the movement of the invasive plant off-site; or

(2) Transporting a Tier 1 invasive plant off-site for the purpose of identification or disposal, provided:

(a) The person is not a commercial entity; and

(b) The plant is removed according to the provisions of Regulation .06G of this chapter.

D. For approvals not granted under §C of this regulation, a person may submit a written request to the Secretary for approval of any activity allowed under §B of this regulation with the following information:

(1) Name;

(2) Business, nursery, or plant dealer license number if applicable;

(3) Phone;

(4) Email address;

(5) Tier 1 plant for which approval is being requested (full botanical name);

(6) Specific location of the Tier 1 plant;

(7) Proposed activity;

(8) Method of safeguarding from propagule dispersal;

(9) Time frame of the proposed activity; and

(10) Any other information required by the Secretary.

E. Upon notice and an opportunity to be heard, the Secretary may:

(1) Withdraw or revoke any approval for any person who violates any condition of any approval by the Secretary; or

(2) Revise any approval as a condition of any permit, based on new information obtained after an approval is granted.