Section 6130 - Civil Penalty Actions by Commissioners(a) When taking civil penalty action on incidents or violations related to agricultural or structural use of pesticides and all uses of fumigants pursuant to section 12999.5 of the Food and Agricultural Code, county agricultural commissioners shall use the provisions of this section to determine the violation class and the fine amount. This section may also be used to determine the violation class and fine amount for violations involving other uses of pesticides.(b) County agricultural commissioners shall designate violations as "Class A," "Class B," or "Class C" using the following definitions:(1) A Class A violation is one of the following:(A) A violation that caused a health, property, or environmental hazard.(B) A violation of a law or regulation that mitigates the risk of adverse health, property, or environmental effects, and the commissioner determines that one of the following aggravating circumstances support elevation to Class A. 1. The respondent has a history of violations;2. The respondent failed to cooperate in the investigation of the incident or allow a lawful inspection; or,3. The respondent demonstrated a disregard for specific hazards of the pesticide used;(C) A violation of a lawful order of the commissioner issued pursuant to sections 11737, 11737.5, 11896, 11897, or 13102 of the Food and Agricultural Code.(2) A Class B violation is a violation of a law or regulation that mitigates the risk of adverse health, property, or environmental effects that is not designated as Class A.(3) A Class C violation is a violation of a law or regulation that does not mitigate the risk of an adverse health, property, or environmental effect, including, but not limited to, Title 3, California Code of Regulations, sections 6624 through 6628, and Food and Agricultural Code sections 11732, 11733, and 11761.(c) The fine range for each class of violation is:(1) Class A: $700 to $5,000.(2) Class B: $250 to $1,000.(3) Class C: $50 to $400.(d) When determining the fine amount within the fine range, the commissioner shall use relevant facts, including severity of actual or potential effects and the respondent's compliance history, and include those relevant facts in the notice of proposed action.(e) The commissioner shall send a copy of the notice of proposed action to the Director no later than the time the notice is provided to the respondent.(f) If the respondent requested and appeared at the hearing offered by the commissioner, the commissioner's decision shall include information concerning the person's right to appeal the decision to the Director.(g) The commissioner shall send a copy of the notice of final action to the Director no later than the time the notice is provided to the respondent.Cal. Code Regs. Tit. 3, § 6130
1. New group 3 (article 1, section 6130) filed 10-16-86 pursuant to Stats. 1985, Ch. 943, Sec. 4; effective thirtieth day thereafter (Register 86, No. 42).
2. Amendment filed 12-27-90; operative 1-26-91 (Register 91, No. 4).
3. Amendment of section heading, section and NOTE filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).
4. Change without regulatory effect amending subsection (b), adopting new subsection (b)(1), relettering subsections and amending NOTE filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25).
5. Amendment of subsections (a)(1)-(a)(1)(C) filed 4-26-2004; operative 5-26-2004 (Register 2004, No. 18).
6. Amendment of subsections (a)(1) and (a)(2), repealer of subsections (a)(2)(A)-(B) and amendment of subsection (a)(3) filed 11-30-2006; operative 11-30-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 48).
7. Amendment of section, including renumbering of former subsections (b)-(b)(6) to new section 6131, and amendment of NOTE filed 8-23-2011; operative 9-22-2011 (Register 2011, No. 34). Note: Authority cited: Sections 12781, 12976 and 15203, Food and Agricultural Code. Reference: Sections 11892, 12973, 12997, 12999.5 and 15202, Food and Agricultural Code; and Section 8617, Business and Professions Code.
1. New group 3 (article 1, section 6130) filed 10-16-86 pursuant to Stats. 1985, Ch. 943, Sec. 4; effective thirtieth day thereafter (Register 86, No. 42).
2. Amendment filed 12-27-90; operative 1-26-91 (Register 91, No. 4).
3. Amendment of section heading, section and Note filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).
4. Change without regulatory effect amending subsection (b), adopting new subsection (b)(1), relettering subsections and amending Note filed 6-20-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 25).
5. Amendment of subsections (a)(1)-(a)(1)(C) filed 4-26-2004; operative 5-26-2004 (Register 2004, No. 18).
6. Amendment of subsections (a)(1) and (a)(2), repealer of subsections (a)(2)(A)-(B) and amendment of subsection (a)(3) filed 11-30-2006; operative 11-30-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 48).
7. Amendment of section, including renumbering of former subsections (b)-(b)(6) to new section 6131, and amendment of Note filed 8-23-2011; operative 9-22-2011 (Register 2011, No. 34).