Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Gardener’s Friend, Inc., Docket Number 179)

The Director’s Decision on Gardener’s Friend, Inc.’s appeal of the civil penalty levied by the Monterey County Agricultural Commissioner (CAC) is enclosed.

The Monterey CAC determined Gardener’s Friend, Inc. made a pesticide application where there was a reasonable possibility that contamination to the bodies or clothing of persons not involved in the application process would occur. The Commissioner found the Gardener’s Friend, Inc. in violation of Title 3 of the California Code of Regulations (3 CCR), section 6614(b)(1) and imposed a penalty of $1,000. Gardener’s Friend, Inc. appealed the CAC’s decision and penalty to the Director. The Director issued her decision affirming the CAC’s decision and penalty on January 27, 2011. The Director’s decision became final on March 8, 2011.

This decision addresses the following concepts/issues:

• Determination of truthfulness of testimony, at a hearing, is the province of the hearing officer.
• The mere making of an allegation of bias or unfairness on the part of the hearing officer does not make it so. The allegation must be substantiated by relevant facts and evidence.
• Testimony and evidence presented at a hearing should be relevant to the elements of the violation.

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,