Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Andy & Seth Fiack, Docket Number 195)

The Director’s decision on Andy and Seth Fiack’s appeal of the $1,000 civil penalty levied by the County Agricultural Commissioner of the County of Glenn (Glenn CAC) is enclosed. The Director affirmed the Glenn CAC’s action and penalty, and his decision became final on February 10, 2014.

The Glenn CAC found Andy and Seth Fiack in violation of California Food and Agricultural Code (FAC) section 12973: use that conflicts with registered labeling or with permit conditions. Andy and Seth Fiack appealed the Glenn CAC’s civil penalty decision to the Director. The Director determined that the Glenn CAC complied with all procedural requirements, and that the penalty amount was appropriate.

This decision addresses the following concepts:

• The use of a written statement within the Notice of Proposed Action, informing the Respondent that he or she is entitled to review the Commissioner’s evidence, complies with the “opportunity to review” procedural requirement of FAC section 12999.5 (c).
• A hearing officer is presumed to be unbiased and impartial. In order to rebut this presumption, an appellant must present concrete acts and evidence.
• Stipulations made prior to the hearing are binding, and preclude a party from later objecting to stipulated matters on appeal.

Please make this information available to your staff as a reference in preparing and processing cases. If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,