Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Davey Tree Surgery Company, Docket Number 202A)

The Director’s decision on Davey Tree Surgery Company’s appeal of the civil penalty levied by the County Agricultural Commissioner of the County of San Diego (San Diego CAC) is enclosed. The Director affirmed the San Diego CAC’s action and penalty, and his decision became final on December 1, 2015.

The San Diego CAC found Davey Tree Surgery Company in violation of California Food and Agricultural Code section 12973- pesticide use in conflict with registered labeling; Title 3 California Code of Regulations (3CCR) section 6600(e)- failure to exercise reasonable precaution to avoid a pesticide spill and contamination of the environment; and 3CCR section 6738(a)(2)- failure to assure that all personal protective equipment was kept in a pesticide free, specifically designated place.

The Director determined that the San Diego CAC’s decision was supported by substantial evidence and that the San Diego CAC had properly categorized the violations.

This decision reaffirms that when terms are not explicitly defined by statue or regulation, “courts generally extend considerable deference to an administrative agency’s interpretation of its own regulations or the regulatory scheme which the agency implements or enforces”.

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

Sincerely,