Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 158)

Enclosed is Administrative Docket Number 157, which contains the Director’s Decision on an Appeal of an Agricultural Civil Penalty, levied against Tri-Cal, Incorporated, by San Luis Obispo County Agricultural Commissioner (CAC) for a violation of Food and Agricultural Code section 12973.

The Director reversed the CAC’s decision because the decision was not supported by substantial evidence; additionally, the Appellant cannot be held responsible for a third party’s violation of Food and Agricultural Code section 12973 when the third party is not an employee. Please make this information available to your staff so they can use it as a training tool in preparing cases.

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

Sincerely,