Department of Pesticide Regulation logo
Mary-Ann Warmerdam
Director
California State Seal
Arnold Schwarzenegger
Governor
11/24/2010
ENF 10-24
To: County Agricultural Commissioners

Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 175)

The Director’s decision on Mr. Larry Sweeden’s (Year Round Landscape Maintenance, Inc.) appeal of the civil penalty levied by the San Bernardino County Agricultural Commissioner (CAC) is enclosed. The Hearing Officer concurred with the Commissioner’s decision to levy a $3,300 civil penalty for violations of Food and Agriculture Code (FAC) sections 11701 and 11732, and Title 3 California Code of Regulations sections 6726(b), 6738(b)(1)(C) and 6738(c)(1)(C). The Director agreed with the Commissioner’s position that Mr. Sweeden was not licensed to conduct pesticide applications in violation of FAC section 11701, was not registered with the San Bernardino CAC in violation of FAC section 11732, and that he failed to ensure that his employee wore protective eyewear and chemical resistant gloves.

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,

Original signature by:
Nan Gorder, Ph.D.
Chief, Enforcement Branch
916-324-4100

Enclosures

  • Enclosure
CC:
Mr. Tom Babb, DPR Agricultural Commissioner Liaison
Mr. David Haskell, DPR Research Program Specialist II
Ms. Mona Montano, DPR Research Program Specialist II
Enforcement Branch Liaisons