12999.5
. (a) In lieu of civil prosecution by the director, the
county agricultural commissioner may levy a civil penalty against a
person violating Division 6 (commencing with Section 11401), Article
10 (commencing with Section 12971) or Article 10.5 (commencing with
Section 12980) of this chapter, Section 12995, Article 1 (commencing
with Section 14001) of Chapter 3, Chapter 3.7 (commencing with
Section 14160), Chapter 7.5 (commencing with Section 15300), or a
regulation adopted pursuant to any of these provisions, of not more
than one thousand dollars ($1,000) for each violation. Any violation
determined by the county agricultural commissioner to be a Class A
violation as defined in Section 6130 of Title 3 of the California
Code of Regulations is subject to a fine of not more than five
thousand dollars ($5,000) for each violation. It is unlawful and
grounds for denial of a permit under Section 14008 for a person to
refuse or neglect to pay a civil penalty levied pursuant to this
section once the order is final.
(b) If a person has received a civil penalty for pesticide drift
in a school area subject to Section 11503.5 that results in a Class A
violation as defined in subdivision (a), the county agricultural
commissioner shall charge a fee, not to exceed fifty dollars ($50),
for processing and monitoring each subsequent pesticide application
that may pose a risk of pesticide drift made in a school area subject
to Section 11503.5. The county agricultural commissioner shall
continue to impose the fee for each subsequent application that may
pose a risk of drift, until the person has completed 24 months
without another Class A violation as defined in subdivision (a).
(c) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action,
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing within 20 days
after receiving notice of the proposed action. A notice of the
proposed action that is sent by certified mail to the last known
address of the person charged shall be considered received even if
delivery is refused or the notice is not accepted at that address. If
a hearing is requested, notice of the time and place of the hearing
shall be given at least 10 days before the date set for the hearing.
At the hearing, the person shall be given an opportunity to review
the county agricultural commissioner's evidence and to present
evidence on his or her own behalf. If a hearing is not timely
requested, the county agricultural commissioner may take the action
proposed without a hearing.
(d) If the person upon whom the county agricultural commissioner
levied a civil penalty requested and appeared at a hearing, the
person may appeal the county agricultural commissioner's decision to
the director within 30 days of the date of receiving a copy of the
county agricultural commissioner's decision. The following procedures
apply to the appeal:
(1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the county agricultural commissioner's decision.
The appellant shall file a copy of the appeal with the county
agricultural commissioner at the same time it is filed with the
director.
(2) The appellant and the county agricultural commissioner may, at
the time of filing the appeal or within 10 days thereafter or at a
later time prescribed by the director, present the record of the
hearing, including written evidence that was submitted at the
hearing, and a written argument to the director stating grounds for
affirming, modifying, or reversing the county agricultural
commissioner's decision.
(3) The director may grant oral arguments upon application made at
the time written arguments are filed.
(4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set for the oral argument. The
times may be altered by mutual agreement of the appellant, the
county agricultural commissioner, and the director.
(5) The director shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received. If the
director finds substantial evidence in the record to support the
county agricultural commissioner's decision, the director shall
affirm the decision.
(6) The director shall render a written decision within 45 days of
the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
(7) On an appeal pursuant to this section, the director may affirm
the county agricultural commissioner's decision, modify the county
agricultural commissioner's decision by reducing or increasing the
amount of the penalty levied so that it is within the director's
guidelines for imposing civil penalties, or reverse the county
agricultural commissioner's decision. A civil penalty increased by
the director shall not be higher than that proposed in the county
agricultural commissioner's notice of proposed action given pursuant
to subdivision (c). A copy of the director's decision shall be
delivered or mailed to the appellant and the county agricultural
commissioner.
(8) Any person who does not request a hearing pursuant to
subdivision (c) may not file an appeal pursuant to this subdivision.
(9) Review of a decision of the director may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
(e) The county agricultural commissioner may levy a civil penalty
pursuant to subdivisions (a), (c), and (d) against a person violating
paragraph (1), (2), or (8) of subdivision (a) of Section 1695 of the
Labor Code, which pertains to registration with the county
agricultural commissioner, carrying proof of that registration, and
filing changes of address with the county agricultural commissioner.
(f) After the exhaustion of the appeal and review procedures
provided in this section, the county agricultural commissioner or his
or her representative may file a certified copy of a final decision
of the county agricultural commissioner that directs the payment of a
civil penalty and, if applicable, a copy of any decision of the
director or his or her authorized representative rendered on an
appeal from the county agricultural commissioner's decision and a
copy of any order that denies a petition for a writ of administrative
mandamus, with the clerk of the superior court of any county.
Judgment shall be entered immediately by the clerk in conformity with
the decision or order. Fees shall not be charged by the clerk of the
superior court for the performance of official service required in
connection with the entry of judgment pursuant to this section.