Poncio
Poncio v. Dep't of Res. Recycling & Recovery
Opinion
Lead Opinion
Mauro, J.
*435 *665 The Division of Recycling within the Department of Resources Recycling and Recovery (CalRecycle) granted Carolina Poncio a probationary *666 certificate to run a recycling center. CalRecycle revoked her probationary certificate after Poncio's husband Victor attempted to bribe a CalRecycle employee assigned to audit Poncio's recycling center. After a CalRecycle hearing officer upheld the revocation, Poncio filed a petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5. 1 The trial court denied the petition.
Poncio now contends (1) the hearing officer and the trial court misapplied Public Resources Code section 14591.2, the statute providing for disciplinary action against certificate holders, (2) CalRecycle violated Poncio's constitutional and statutory due process rights, and (3) the evidence of the attempted bribe was insufficient to revoke Poncio's probationary certificate for dishonesty. Concluding that each contention lacks merit, we will affirm the judgment.
BACKGROUND
"[CalRecycle] may take disciplinary action against any party responsible for directing, contributing to, participating in, or otherwise influencing the operations…