Structural Pest Control Board – Disciplinary Review Committee Decision on Appeal of a County Agricultural Commissioner’s Decision (Kaiser Asuega, Docket Number S-033)

The Disciplinary Review Committee’s (DRC) decision on Mr. Kaiser Asuega’s appeal of the $250 civil penalty levied by the Los Angeles County Agricultural Commissioner (CAC) is enclosed. The DRC affirmed the CAC ‘s action and penalty, and the DRC’s decision became final on February 7, 2018.

The CAC found Mr. Asuega, a licensee of Mega Fume, Inc. in violation of Title 3, California Code of Regulations (3CCR) section 6600(b) for not performing pest control in a careful manner by not having the minimum number and area of inlet devices open during the aeration phase as required by the California Aeration Plan (CAP).

Mr. Asuega appealed the CAC’s decision, erroneously arguing that he did not have to comply with the CAP based on two previous DRC decisions. However, those two decisions were specific to “violations” of 3CCR 6780(c) which does not mandate actions by an employer but allows the Director to approve a Fumigation Safety Program. Mr. Asuega was cited with violating 3CCR 6600(b) which required him to perform the fumigation in a careful and effective manner. By not following all the required procedures of the CAP, a Director approved Fumigation Safety Program, Mr. Asuega was not performing the fumigation in a careful manner.

The DRC determined that substantial evidence supported the Commissioner’s decision.

In a related decision, the DRC ruled against Mr. Asuega’s employer, Mega Fume, Inc., who also unsuccessfully used the same argument in their appeal (ENF 18-13, DRC Docket S-034).

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,