Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 150)

Enclosed is Administrative Docket Number 150, which contains the Director’s Decision on an Appeal of an Agricultural Civil Penalty, levied against Wayne Sue/Sutter Butte Dusters, Inc., by the Sutter County Agricultural Commissioner (CAC) for violations of Title 3, California Code of Regulations (3CCR) sections 6434 and 6626(b).

The CAC adopted the Hearing Officer’s Decision in part and rejected it in part. The CAC rejected the Hearing Officer’s interpretation that “knowingly” or “intent” is an element of a violation of 3CCR section 6434, in the application of a county restricted material. On appeal, the Director upheld the CAC’s decision.

Please make this information available to your staff so they can use it as a training tool in preparing cases.

If you have questions, contact Mr. Louis Watson, Senior Special Investigator, at (916) 445-3894 or the Enforcement Branch Liaison assigned to your county.

Sincerely,