Director’s Decision on Appeal of Imperial County Agricultural Commissioner’s Decision (Seth A. Hallock, Docket Number 228)

The Director’s Decision on the Seth A. Hallock appeal of the $1,500 civil penalty levied by the Imperial County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s decision and levy of fines. The Director’s Decision was signed October 2, 2023 and became final after 30 days when not appealed.

The Imperial CAC found Hallock in violation of Title 3, California Code of Regulations (3CCR)

section 6614(b)(3). Hallock appealed the CAC’s decision to the Director alleging that the Hearing Officer’s proposed decision contained errors of both law and fact.

The Director determined the CAC’s decision was supported by substantial evidence, and qualified as a Class A violation because the Appellant made or continued a pesticide application when there was a reasonable possibility of contamination of nontarget private property, including the creation of a health hazard, preventing normal use of that property. The $1,500 total fine was confirmed.

This decision addresses the following concepts:

• 3 CCR section 6130 does not require actual health harm but the creation of a health hazard or risk of injury or illness from exposure.
• The County is obligated to investigate all complaints regardless of the source and only takes enforcement action when the evidence supports the allegation.

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,