Nature of Proceedings: Tentative Decision On January 22, 2010, petitioner Santa Fe Nursery, Inc. filed a petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5, claiming the underlying hearing officer, affirmed on administrative appeal to the Director of the California Department of Pesticide Regulation (the state agency responsible for regulating pesticides) (hereafter, Director), erred in imposing a civil penalty of $1,400, and labeling the conduct as a Class A violation, after determining petitioner violated Food and Agricultural Code section 12999.5, and, more fundamentally, its implementing regulation contained in California Code of Regulations, title 3, section 6766, subdivision (c). The hearing officer and Director determined that petitioner failed to ensure that its employees were treated by a physician after there were reasonable grounds to believe they were exposed to pesticide Telon C-35. Many of the issues raised here are
Hearing Date
March 15, 2011
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Nature of Proceedings: Tentative Decision On January 22, 2010, petitioner Santa Fe Nursery, Inc. filed a petition for writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5, claiming the underlying hearing officer, affirmed on administrative appeal to the Director of the California Department of Pesticide Regulation (the state agency responsible for regulating pesticides) (hereafter, Director), erred in imposing a civil penalty of $1,400, and labeling the conduct as a Class A violation, after determining petitioner violated Food and Agricultural Code section 12999.5, and, more fundamentally, its implementing regulation contained in California Code of Regulations, title 3, section 6766, subdivision (c). The hearing officer and Director determined that petitioner failed to ensure that its employees were treated by a physician after there were reasonable grounds to believe they were exposed to pesticide Telon C-35. Many of the issues raised here are