Holt

James Holt and the Sutter Butte Dusters, Inc., appeal from a judgment of the Superior Court of Sutter County denying their petition for an administrative writ of mandate directing the Department of Food and Agriculture to set aside its decision imposing discipline upon them. Plaintiffs contend: (1) the statutory and regulatory bases for discipline are unconstitutionally vague; (2) the administrative proceeding was barred by a prior criminal acquittal of Holt; (3) the evidence does not support the judgment; and (4) the penalty imposed was an abuse of discretion. We find the arguments unpersuasive and shall affirm.

Facts

This proceeding resulted from an incident which occurred on the morning of May 15, 1980. At that time Holt was an employee of Sutter Butte Dus.ters, Inc., and he held a certificate entitling him to engage in the aerial application of pesticides. On May 15, 1980, Holt was assigned to apply parathion to a rice field belonging to Sam Anderson. Holt had flown that particular field many times so the only surveillance he made was a visual inspection as he approached the field to commence the application.

On the morning in question, three county workers were…