Structural Pest Control Board – Disciplinary Review Committee Decision on Appeal of a County Agricultural Commissioner’s Decision (Mega Fume, Inc., Docket Number S-031)

The Disciplinary Review Committee’s decision on Mega Fume, Inc., appeal of the $800 civil penalty levied by the Los Angeles County Agricultural Commissioner (CAC) is enclosed. The Committee affirmed the Los Angeles CAC’s action and penalty, and the Committee’s decision became final on June 15, 2017.

The Los Angeles CAC found Mega Fume in violation of Title 3, California Code of Regulations (CCR) section 6600(a) by failing to use pest control equipment in good repair. They also found Mega Fume in violation of Title 16, CCR section 1974(b) for failing to have clearly visible warning signs on all accessible sides from which the fumigation could be approached. Mega Fume agreed the violations happened, but appealed the Los Angeles CAC decision to the Committee on the basis that the CAC should have cited the licensee, not the company.

The Committee determined that the Commissioner’s decision was supported by substantial evidence and that the Los Angeles CAC has the authority to levy administrative penalties against licensees or registered companies. Therefore, the Commissioner’s decision to issue a violation to Mega Fume instead of the licensee is within the Commissioner’s enforcement discretion.

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,