Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Brian Skonovd, Docket Number 217)

The Director’s decision on Brian Skonovd’s appeal of the $700 civil penalty levied by the Stanislaus County Agricultural Commissioner (Stanislaus CAC) is enclosed. The Director affirmed the Stanislaus CAC’s action and penalty, and his decision became final on July 3, 2019.

The Stanislaus CAC found Brian Skonovd in violation of Title 3, California Code of Regulations (3 CCR) section 6614(b)(2), Protection of Persons, Animals, and Property, as Mr. Skonovd made an airblast pesticide application, of a California restricted material, that drifted onto non-target residential property. Mr. Skonovd appealed the Stanislaus CAC’s decision to the Director, contending that there was not sufficient evidence and that the bifenthrin found on the non-target property was from another source. The Director determined that the Stanislaus CAC’s decision was supported by substantial evidence, and that the Stanislaus CAC had properly categorized the violation.

This decision addresses the following concept:

• Substantial evidence in the record is the standard to support the County Agricultural Commissioner’s findings. In this case the Appellant’s made several irrelevant claims which the Director determined to have no bearing on the evidence.

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

Sincerely,