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Hearing Officer Roundtable Project
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In 2001 and 2002, Department of Pesticide Regulation (DPR) and County Agricultural Commissioner (CAC) staff throughout the State engaged in roundtable discussions regarding CAC implementation of DPR's Administrative Civil Penalty Programs. Administrative hearings and investigations were discussed at each roundtable and the issues raised are summarized in this guidance.
Download entire sourcebook (1.02 MB)
| Introduction | ||
| i, PDF (26 kb) | Table of Contents | |
| ii, PDf (31 kb) | Hearing Officer Roundtable Project Introduction | |
| iii, PDF (8 kb) | Roundtable Facilitator's Introduction | |
| iv, PDF (19 kb) | Roundtable Facilitator's Message | |
| Chapter 1 - Basics | ||
| 1.1, PDF (10 kb) | Administrative Agencies Within Our Legal System | |
| 1.2, PDF (17 kb) | Development of Due Process | |
| 1.3, PDF (9 kb) | What Process is Due? | |
| 1.4, PDF (55 kb) | Role of the Hearing Officer in a Disciplinary Hearing | |
| 1.5, PDF (25 kb) | How to Read and Understand the Codes | |
| Chapter 2 - Case Development | ||
| 2.1, PDF (30 kb) | What Are the Main Points to Address in an Investigation? | |
| 2.2, PDF (42 kb) | How to Determine the Elements of the Violation | |
| 2.3, PDF (15 kb) | Elements of the Violation Worksheet | |
| 2.4, PDF(29 kb) | General and Specific Code Sections | |
| 2.5, PDF (25 kb) | Citing the Section or Specific Subsection | |
| 2.6, PDF (42 kb) | Multiple Violations Arising from a Single Episode | |
| 2.7, PDF (55 kb) | Citation Strategies for Worker Safety Violations | |
| 2.8, PDF (19 kb) | Chain of Custody | |
| 2.9, PDF (19 kb) | Digital Photography | |
| 2.10, PDF (34 kb) | Comparing the Agricultural and Structural Civil Penalty Programs | |
| 2.11, PDF (23 kb) | Certification of Registered Labeling | |
| Chapter 3 - Fines | ||
| 3.1, PDF (21 kb) | Fines Guidelines Seem to Overlap | |
| 3.2, PDF (12 kb) | Factors to Consider When Setting a Fine Amount | |
| 3.3, PDF (25 kb) | What Constitutes Repeatability? | |
| 3.4, PDF (26 kb) | Hearing Officer and CAC Discretion in Relation to Fines | |
| Chapter 4 - Notice Development | ||
| 4.1, PDF (31 kb) | What Constitutes a Complete NOPA? | |
| 4.2, PDF (12 kb) | Developing a Model Hearing Process Brochure | |
| 4.3, PDF (31 kb) | Preparing for Your Administrative Hearing (Sample Model Brochure) | |
| 4.4, PDF (22 kb) | Consolidated Hearings | |
| 4.5, PDF (31 kb) | Hearing Scheduling Difficulties | |
| 4.6, PDF (44 kb) | Stipulation and Waiver to Order | |
| Chapter 5 - Pre-Hearing Conference and Hearing | ||
| 5.1, PDF (22 kb) | Hearing Contact Record | |
| 5.2, PDF (23 kb) | Hearing Officer Checklist | |
| 5.3, PDF (21 kb) | Stipulations | |
| 5.4, PDF (18 kb) | The Expert Witness | |
| 5.5, PDF (17 kb) | Taking Official Notice | |
| 5.6, PDF (11 kb) | Violations Discovered at Hearing | |
| 5.7, PDF (19 kb) | Closing Remarks | |
| Chapter 6 - Decisions and Orders | ||
| 6.1, PDF (21 kb) | The Decision | |
| 6.2, PDF (32 kb) | Commissioner's Discretion to Change a Decision | |
| 6.3, PDF (15 kb) | Notice of Decision and Order Under FAC §12999.5 | |
| Chapter 7 - Specific Guidance | ||
| 7.1, PDF (46 kb) | Enforcement Actions and Fines for Violating FAC §§11791 and 11792 | |
| 7.2, PDF (49 kb) | Drift and Negligence | |
| 7.2.1 | Reasonable Possibility of Harm or Damage - 3CCR §6614 | |
| 7.2.2 | Due Care - FAC §12972 | |
| 7.3, PDF (35 kb) | Appropriate Violation Class for Violations of 3CCR §6680 | |
| 7.4, PDF (30 kb) | Employer's Failure to "Assure" Compliance - 3CCR §6738 | |
| 7.5, PDF (21 kb) | Registration and Permit Refusals, Revocations, Suspensions, and "Denials" | |
| 7.6, PDF (32 kb) | Unlicensed Pest Control by Maintenance Gardeners | |
| 7.7, PDF (24 kb) | Registered Label Delivered with the Pesticide - FAC §12973 | |
| 7.8, PDF (19 kb) | Unlicensed and Unregistered Activity - Citation Strategies | |
| 7.9, PDF (28 kb) | Home Use of Pesticides Not Registered in California | |
| 7.10, PDF (25 kb) | Actions Against Home Gardeners | |
| Glossary, PDF (139 kb) | ||
| Appendix | ||
| A, PDF (23 kb) | Bill of Rights | |
| B, PDF (18 kb) | Unfairness Allegations | |
| C, PDF (52 kb) | Laws and Regulations | |
| D, PDF (201 kb) | Enforcement Guidelines | |
| E, PDF (164 kb) | Citeable Sections | |
For content questions contact:
Mona Montano
1001 I Street, PO Box 4015
Sacramento, California 95814-4015
email: mailto:mmontano@cdpr.ca.gov