Director’s Decision on Appeal of a County Agricultural Commissioner Decision (Vasquez Yard Service Docket Number 193)

The Director’s decision on Vasquez Yard Service’s appeal of the $1300 civil penalty levied by the Placer County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalties, and his decision became final on September 17, 2013.

The Placer CAC found Vasquez Yard Service in violation of the California Food and Agricultural Code section 11701, operating without a Pest Control Business License; and the following sections of Title 3 of the California Code of Regulations:

• 6602, availability of labeling;
• 6678, service container labeling;
• 6724, handler training;
• 6726, emergency medical care; and
• 6738, personal protective equipment.

Vasquez Yard Service appealed to the Director the violation of section 6724, the level of the fines, and the failure of the CAC to provide a translator during the hearing. The Director affirmed the CAC’s decision and the amounts of the penalties. The Director also affirmed that Vasquez Yard Service was given the opportunity to have a translator present during the hearing

This decision addresses the following concepts:

• Providing the opportunity to use a translator is sufficient to satisfy the due process requirement that an individual receive the opportunity for a fair and meaningful hearing.
• Although the appellant claimed his worker was just a family relative returning a favor, the fact that the appellant paid him is sufficient evidence to determine that the worker was an employee of the appellant.

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,