Director’s Decision on an Appeal of a County Agricultural Commissioner Decision (Ray Joe Madden, Docket Number 178)

The Director’s decision on Ray Joe Madden’s appeal of the $1,675 penalty levied by the Solano County Agricultural Commissioner (CAC) is enclosed.

The CAC found Madden in violation of Food and Agriculture Code (FAC) section 12973, and Title 3 of the California Code Regulations (3CCR), sections 6702(a)(b) and 6614(a)(b). The CAC levied a total penalty $1,675 for the violations. Madden appealed the CAC’s decision and penalty to the Director.

The Director concurred with the CAC’s decision to find Madden in violation FAC section 12973 and 3CCR section 6702. The Director did not find substantial evidence there was a health hazard preventing the normal use of the property. The Director overturned the 3CCR section 6614 violation and reduced the total penalty to $1,050. The Director’s decision became final on April 10, 2011.

This decision addresses the following concept/issue:

• The creation of a health hazard that prevented the normal use of a property, is one of the elements that must be proved for a violation of 6614(b).

Please make this information available to your staff as a reference in preparing cases. 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,