Structural Pest Control Board – Disciplinary Review Committee Decision on Appeal of a County Agricultural Commissioner’s Decision (Mega Fume, Inc., Docket Number S-034)

The Disciplinary Review Committee’s (DRC) decision on Mega Fume, Inc., appeal of the $650 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 April 4, 2018.

The CAC found Mega Fume, Inc. in violation of Title 3, California Code of Regulations (3CCR) section 6780(b) because it failed to have the California Aeration Plan (CAP) required minimum number and size of inlet devices open during the aeration phase.

Mega Fume, Inc. appealed the CAC’s decision, arguing that despite incompletely following the CAP procedures, employers may not be charged for violations of 3CCR 6780(c) which only gives the Director authority to approve Fumigation Safety Programs. However, this argument was immaterial because in this case Mega Fume, Inc. was charged with violating 3CCR 6780(b) which requires the employer to comply with the procedures of an approved Fumigation Safety Program (i.e. CAP procedures).

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

In a related decision, the DRC ruled against Mr. Kaiser Asuega, an employee of Mega Fume, Inc., who also unsuccessfully used the same argument in his appeal (ENF 18-12, DRC Docket S-033).

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,