Structural Pest Control Board Disciplinary Review Committee’s Decision on Appeal of a County Agricultural Commissioner’s Decision (Sergio Solorio, Docket Number S-025)

The Disciplinary Review Committee (DRC) of the Structural Pest Control Board’s decision on Sergio Solorio’s appeal of the $400 civil penalty levied by the County Agricultural Commissioner of the County of Orange (Orange CAC) is enclosed. The DRC affirmed the Orange CAC’s action and penalty, and their decision became final on September 19, 2014.

The Orange CAC found that Sergio Solorio, a licensed employee of Statewide Fumigation San Diego, violated Title 3, California Code of Regulations (3 CCR), section 6600, because he failed to perform pest control in a careful manner. Sergio Solorio appealed the Orange CAC’s decision to the DRC. The DRC determined the Orange CAC’s decision was supported by substantial evidence and the fine levied by the Orange CAC was not excessive.

This decision addresses the following concept:

• The appellant violated the California Aeration Plan (CAP) – a statewide protocol for the structural pest control industry – when he entered a structure with an unknown level of fumigant and without the required safety equipment; and, then he failed to lock the structure upon his exit. Failing to perform a structural fumigation in conformance with the CAP is not “careful,” as required by 3 CCR, section 6600. The appellant’s stated justification for his entry into the structure did not excuse his failure to follow the safety procedures outlined in the CAP.

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,