Update to Preparing for Your Administrative Pesticide Penalty Hearing Brochure

Please attach the following updated brochure, Preparing for Your Administrative Pesticide Penalty Hearing (form DPR-ENF-086, Rev. 09/15), to every Notice of Proposed Action (NOPA) you prepare for administrative pesticide penalty actions authorized by Food and Agricultural Code sections 12999.5, 15204 and 15204.5; and, Business and Professions Code section 8617. Attaching the Department of Pesticide Regulation’s (DPR) Preparing for Your Administrative Pesticide Penalty Hearing brochure assures you are in compliance with the requirements of Chapter 4.5 of the Administrative Procedure Act (APA).

There are two key changes that reflect DPR policies concerning administrative civil penalties actions initiated by County Agricultural Commissioners (CAC). In the new version of the brochure, the respondent is informed that:

• The pre-hearing conference is not a settlement conference. The Hearing Officer and/or the CAC (or Advocate) is not authorized to negotiate settlements in actions authorized by Food and Agricultural Code (FAC) sections 12999.5, 15204, 15204.5; or Business and Professions Code (BPC) section 8617; and
• They may represent themselves or be represented by an attorney, an employee, another person in a business relationship with the respondent who has a connection to the incident, or a family member.

This brochure supersedes all previous versions of Preparing for Your Administrative Pesticide Penalty Hearing. For more information on the background concerning this brochure, please refer to ENF 2008-031 and ENF 2008-010.

Individual counties may develop their own brochure or pamphlet. Work with your Enforcement Branch Liaison to have Enforcement headquarters review the brochure for conformance with APA requirements if you publish your own brochure.

If you have any questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,