Hearing Officer Roundtable Project Revision to Section 6.2 – County Agricultural Commissioner Changes to a Hearing Officer’s Proposed Decision

The Enforcement Branch has revised previous guidance regarding County Agricultural Commissioners (CAC) making changes to hearing officer’s proposed decisions in administrative pesticide penalty actions. This guidance supersedes previous guidance on this subject, issued in 2006 and 2004. Please see the attached enclosure.

CACs are encouraged to take a critical look at the decisions they sign, for the purpose of correcting mistakes that otherwise might come before the Director or the Disciplinary Review Committee. As before, the CACs ability to change a hearing officer’s proposed decision is not without limitations. The CAC must have a full understanding of the limits when making those changes.

This revised guidance will be posted to the online version of the Hearing Officer Roundtable Project, as “Section 6.2 – CAC Changes to a Hearing Officer’s Proposed Decision.” Please place a copy of the enclosure in your Hearing Officer Roundtable Project manual.

Please ensure all staff or contractors involved in advocacy, hearing officer, or other administrative penalty activities on your behalf, are aware of this guidance change. You may view the Hearing Officer Roundtable Project.

You may also wish to consult guidance on related subjects in ENF 12-10, “Hearing Officer Changes to CAC Fines;” and ENF 12-11, ” Hearing Officer Responsibilities.”

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,