Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY Da VIGO Deputy Attorney General THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL has requested an opinion on the following question: May the Director of Toxic Substances Control prohibit a non-peace officer employee from carrying a firearm while at work, including an employee who has a license to carry a firearm? CONCLUSION The Director of Toxic Substances Control may prohibit a non-peace officer employee from carrying a firearm while at work, including an employee who has a license to carry a firearm. ANALYSIS The Department of Toxic Substances Control ("Department") is a part of the California Environmental Protection Agency (Health Saf., Code § 58000 ) 1 and is under the control of the Director of Toxic Substances Control ("Director"). Section 58002 provides in part: "The Department of Toxic Substances Control is under the control of an executive officer known as the Director of Toxic Substances Control, who shall be appointed by the Governor, subject to confirmation by the Senate, and hold office at the pleasure of the Governor." In order to accomplish the purposes of the Department, the Director has all of the powers of a head of a…