Christensen

On May 12, 1971, petitioner Medlock Dusters, Inc., a licensed aerial pest control operator, filed, in the Superior Court of Sacramento County, a petition for writ of mandate pursuant to section 1094.5 of the Code of Civil Procedure, seeking to set aside an order of the Director of the Department of Agriculture, who had suspended petitioner’s license for 10 days, to become effective on May 15, 1971.

A summary of the material facts leading to this action is as follows: Petitioner is a commercial aircraft pest control operator holding a pest control operator’s license issued by the California Director of Agriculture. On May 2 and May 10, 1970, petitioner committed violations of the Agricultural Code and the California Administrative Code. The violations consisted of exposing field workers to a poisonous spray known as parathion. After an administrative hearing, the director issued a decision on April 7, 1971, suspending the agricultural pest control license of petitioner for 30 days (20 days stayed) to become effective on May 15, 1971.

After petitioner Medlock filed a petition for a writ of mandamus, the superior court issued a stay order to the Director of Agriculture who…