Director’s Decision on Appeal of Merced County Agricultural Commissioner’s Decision (Ray’s Gardening and Landscaping, Docket Number 221)

The Director’s Decision on Ray’s Gardening and Landscaping’s appeal of the $1,000 civil penalty levied by the Merced County Agricultural Commissioner (CAC) is enclosed. The Director affirmed the CAC’s action and penalty. The Director’s decision became final on January 25, 2021.

The Merced CAC found Ray’s Gardening in violation of California Food and Agricultural Code section 11701 by operating a pest control business without a license.

Ray’s Gardening appealed the CAC’s decision to the Director asserting that it did not “operate” as a pest control business because it “does not carry on an activity of pest control operations.”

The Director determined the CAC’s decision was supported by substantial evidence and the CAC had properly categorized this violation and set the fine in accordance with the violation history of Ray’s Gardening.

This decision addresses the following concepts:

• Under the doctrine of respondeat superior, an employer can be held responsible for the action(s) or negligence of an individual they hired, if the individual is acting within the scope of the individual’s employment.
• Information supplied by an employee on behalf of the employer is evidence that may persuade a decision.

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,