Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Gomes Farm Air Service, Docket Number 196)

The Director’s decision on Gomes Farm Air Service’s appeal of the $550 civil penalty levied by the County Agricultural Commissioner of the County of Monterey (Monterey CAC) is enclosed. The Director affirmed the Monterey CAC’s action and penalty, and his decision became final on March 10, 2014.

The Monterey CAC found Gomes Farm Air Service in violation of California Code of Regulations, title 3 (3 CCR), section 6614: Protection of Persons, Animals, and Property. Gomes Farm Air Service appealed the Monterey CAC’s civil penalty decision to the Director. The Director determined that the Monterey CAC complied with due process requirements and made correct conclusions of law.

This decision addresses the following concepts:

• Most reports prepared by a public employee within the scope of his or her duty are admissible as evidence in administrative civil penalty hearings. This exception to the hearsay rule is set forth in California Evidence Code section 1280.
• Hearsay evidence, per se, is admissible in an administrative civil penalty hearing provided that it is used to supplement or explain other evidence presented at the hearing.
• A pesticide application may be in violation of 3 CCR section 6614(b)(1) if there is a reasonable possibility of contamination by even a relatively small amount of drift or by even a relatively low-toxicity pesticide.

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,