Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Docket Number 176)

The Director’s decision on Charles Van Nortwick’s appeal of the civil penalty levied by the San Luis Obispo County Agricultural Commissioner (CAC) is enclosed. The CAC levied a $1,000 civil penalty for violation of Food and Agricultural Code section 12973. The Commissioner alleged Charles Van Nortwick applied triclopyr in conflict with the product label (Garlon 4 Ultra). The Director concurred with the Commissioner’s decision and affirmed the $1,000 fine.

This decision addresses the following key words or concepts:

• Use of internet mapping program to provide exact location of violation
• Use of information outside the record during a hearing
• The hearing officer is not required to discuss all the possible conclusions that can be drawn from the facts
• Introduction of evidence over objection during a hearing

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,