Director’s Decision on Appeal of a County Agricultural Commissioner Decision (D.S. Dusters, Docket Number 187)

The Director’s decision on D.S. Dusters’ appeal of the $700 civil penalty levied by the Imperial County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty, and his decision became final on August 6, 2012.

The Imperial CAC found D.S. Dusters in violation of Title 3 of the California Code of Regulations (3 CCR), section 6614: Protection of Persons, Animals, and Property. D.S. Dusters made or continued to make a pesticide application that contaminated a non-target property, specifically a residence, and caused a health hazard.

This decision addresses the following concepts:

• The statements and opinions given by the Appellant and his pilot were not supported with any expert testimony or published literature. The hearing officer found their testimony to be not credible and found in favor of the CAC.
• Conflicting testimony was presented during the hearing. It is within the hearing officer’s jurisdiction to decide witness credibility when making decisions based on contradictory information and testimony.

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

Sincerely,