Director’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Mr. Max Hanner – Docket Number 206)

The Director’s decision on Mr. Max Hanner’s appeal of the civil penalty levied by the County Agricultural Commissioner of the County of Kern (Kern CAC) is enclosed. The Director affirmed the Kern CAC’s action and penalty, and his decision became final on December 15, 2016.

The Kern CAC found Mr. Hanner in violation of Title 3 California Code of Regulations (3CCR) section 6600(b) for failing to perform an aerial application in a careful manner. Max Hanner appealed the Kern CAC’s civil penalty decision on the argument that the laboratory analysis was incomplete and that bystander testimony was not credible.

The Director determined that the Kern CAC’s decision was supported by substantial evidence and that the Kern CAC had properly investigated this event.

The decision addresses the concept of evidence collection to demonstrate that an application was not performed in a safe and effective manner. It specifically reaffirms that laboratory analytical results are not the only type of evidence necessary to demonstrate this, and that the detection of pesticides offsite, and not necessarily the amount, may be sufficient evidence to support a violation.

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,