Patterson Flying Service v. Department of Pesticide Regulation

Appellants appeal from the denial of their petition for writ of administrative mandamus. After a hearing by a hearing officer, the county agricultural commissioner imposed a fine on Patterson Flying Service for failing to follow the label directions when it made an aerial application of pesticides, in violation of Food and Agricultural Code section 12973. An appeal to the Director of the Department of Pesticide Regulation upheld the penalty. Appellants’ petition to the trial court for an administrative writ of mandamus was denied. Appellants appeal that denial, contending the administrative proceedings failed to follow the proper procedures, and the commissioner’s findings were not supported by substantial evidence. We will affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The county agricultural commissioner (commissioner) issued a notice of proposed action, which notified Patterson Flying Service (Patterson) that the commissioner proposed to fine it $5,000 for violation of Food and Agricultural Code section 12973, which provides: “The use of any pesticide shall not conflict with labeling registered pursuant to this chapter which is delivered with the pesticide or with any…