Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 166)

The Director’s Decision on Tri-Cal Inc.’s appeal of the Civil Penalty levied by the San Luis Obispo County Agricultural Commissioner (CAC) is enclosed. The San Luis Obispo CAC levied the penalty for violation of Food and Agricultural Code (FAC) section 12973 which prohibits use of a pesticide in conflict with the registered label.

The Hearing Officer found there was insufficient evidence presented during the hearing to support a violation of FAC section 12973. However, the CAC did not adopt the Hearing Officer’s proposed decision. He issued his decision finding that Tri-Cal Inc. had violated FAC section 12973 and levied a penalty of $400.

While the CAC described his decision as predicated on the law, the Director found 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 substantial evidence in the record. On this basis, the Director reversed the Commissioner’s decision.

Please make this information available to your staff so they can use it as a training tool in preparing Notices of Proposed Actions. If you have any questions, please contact David Haskell, Research Program Specialist II, at 916-445-4207, or the Enforcement Branch Liaison assigned to your county.

Sincerely,