Structural Pest Control Board Disciplinary Review Committee’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Mega Fume, Inc. Docket Number S-026)

The Disciplinary Review Committee (DRC) of the Structural Pest Control Board’s decision on Mega Fume, Inc.’s appeal of the $250.00 civil penalty levied by the County Agricultural Commissioner of the County of Santa Clara (Santa Clara CAC) is enclosed. The DRC reversed the Santa Clara CAC’s action and penalty, and their decision became final on August 23, 2016.

The Santa Clara CAC found that Mega Fume, Inc. violated California Code of Regulations, Title 3 (3 CCR), section 6780(c), by failing to keep the aeration duct cover from restricting or blocking the aeration duct opening during the aeration process. Mega Fume, Inc. appealed the Santa Clara CAC’s decision to the DRC. The DRC reversed the Santa Clara CAC’s decision and levy of a fine because 3 CCR section 6780(c) does not impose any requirements or obligations on the employer. Rather, this subsection authorizes the Director to approve a Fumigation Safety Program to be used by the employer.

This decision addresses the following concept:

• One test for determining whether a section can be cited in an administrative civil penalty action is whether the section provides specific requirements that the regulated community must fulfill to be in compliance with the regulation.

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,