Updates to Notice of Proposed Action Templates and to the Preparing for Your Pesticide Administrative Civil Penalty Hearing Brochure

Enclosed are updated Notice of Proposed Action (NOPA) templates and guidance for Agricultural Civil Penalty (ACP) actions and separate updated templates and guidance for Structural Civil Penalty (SCP) actions. Also enclosed is an updated hearing brochure to be attached to every ACP or SCP NOPA. Please have your staff begin using these resources as soon as practical.

Updated NOPA Templates

For ACPs, the attached template and associated guidance update and replace those provided in ENF letter 17-14. The revised ACP template is provided as a Word document without most comments and instructions. It primarily differs from the previous template by specifically listing Labor Code section 1695(a) as an option, noting the text of FAC section 12999.5 is enclosed, and revising the “Preparing for Your Pesticide Administrative Civil Penalty Hearing” brochure name. There are also other minor changes. The Annotated ACP Written NOPA Guide is a pdf file with instructions and guidance. In addition to including the changes in the Word template, the ACP Guide includes updated factual scenarios, updated example language, and a reminder about including the facts that support the classification and fine amount in the NOPA.

For SCPs, the attached template and associated guidance update and replace those provided in ENF letter 18-06. The revised SCP template is provided as a Word document without most comments and instructions. It primarily differs from the previous template by noting the text of BPC section 8617 is enclosed and revising the “Preparing for Your Pesticide Administrative Civil Penalty Hearing” brochure name. There are also other minor changes. The Annotated SCP Written NOPA Guide is a pdf file with instructions and guidance. In addition to including changes in the Word template, the SCP Guide includes an updated factual scenario, updated example language, and a reminder about including the facts that support the classification and fine amount in the NOPA.

As a reminder, Structural Pest Control Board staff do not have access to the information in CalPEATS. CACs should continue to send to the Board a copy of each SCP NOPA shortly after it is sent to the Respondent. In addition, Board staff have requested counties forward a copy of the signed stipulation or the hearing request when it is received by the CAC. CACs can email these SCP documents to pestboard@dca.ca.gov.

For SCPs only, if you have questions about adapting the template (for example, proposing a three working days suspension of a registered company or licensee, or attending a board-approved course of instruction in lieu of a fine pursuant to Title 16 California Code of Regulations section 1922.3), please contact the Enforcement Branch Liaison assigned to your county.

In addition to the above templates, updated Word templates for the ACP Stipulation and Waiver to Order, SCP Stipulation and Waiver to Order, and Hearing Request are also attached. There are only minor updates to each of the templates.

DPR is also providing a new optional NOPA transmittal letter template for your use. The purpose of this cover letter is to help focus the Respondent’s attention on what their next steps are after receiving and reviewing the NOPA by providing clarity on the process for stipulating and paying the fine or requesting a hearing. Any feedback on this template should be directed to the Enforcement Headquarters Branch.

Updated Brochure

We have also updated the Preparing for Your Pesticide Administrative Civil Penalty Hearing brochure (DPR-ENF-086, Rev. 04/23). This brochure supersedes the one included in ENF letter 15-16. Attaching this brochure to every ACP or SCP NOPA mailed to the Respondent assures you are in compliance with the notice requirements of Chapter 4.5 of the Administrative Procedure Act (APA).

Individual counties may develop their own brochure or pamphlet. If you intend to publish your own brochure, work with your Enforcement Branch Liaison to have DPR’s Office of Legal Affairs review the brochure for conformance with APA requirements.

If you have any questions about using the new templates or brochure, please contact your Enforcement Branch Liaison.

Sincerely,