Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 163)

Enclosed is Administrative Docket Number 163, which contains the Director´s Decision on an Appeal of an Agricultural Civil Penalty levied against A.D. Poldervaart/Poldervaart Farms by the Glenn County Agricultural Commissioner (CAC) for a violation of Title 3, California Code of Regulations (3CCR) section 6140(a).

The Hearing Officer found there was insufficient evidence presented during the hearing to support a violation of 3CCR section 6140(a). The CAC did not adopt the Hearing Officer´s proposed decision and issued his decision finding that Mr. Poldervaart had violated 3CCR section 6140(a) and levied a penalty of $1,000.

The Director determined that, while the CAC described his decision as based on the law, the CAC´s decision was based on a new determination of the facts. The Director found that the Hearing Officer’s determination of the facts controls as long as it is supported by sufficient evidence in the record. On this basis, the Director reversed the Commissioner’s decision in its entirety.

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,