Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Vince Dusters, Docket Number 208)

The Director’s decision on Vince Dusters appeal of the $2,000.00 civil penalty levied by the Kern County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the Kern CAC’s action and penalty, and his decision became final on April 24, 2017.

The Kern CAC found that Vince Dusters violated Title 3 of the California Code of Regulations, section 6600(b), General Standards of Care by allowing pesticide to drift off-target to a residential property. Vince Dusters appealed the Kern CAC’s decision to the Director on the basis that the decision made relied on evidence not in the record and evidence presented was not taken into consideration.

The Director determined that the Hearing Officer properly considered the evidence. Substantial evidence was provided in the record to support the Commissioner’s decision. The Kern CAC was only required to show that drift occurred on to the property.

Please make this information available to your staff as a reference in preparing and processing cases. If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,