Garth Conlan v. United States Department of Labor

Garth Conlan appeals the district court’s order affirming the final decision of the Secretary of Labor imposing a civil money penalty of $23,250. Conlan was penalized for violating the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”). Conlan owned a facility and real property that, unbeknownst to him, were used by migrant agricultural workers as housing. The housing did not comply with federal and state health standards. Conlan contends that the district court erred in upholding the penalty. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

I

Garth Conlan owns a ranch of 1500 acres, more or less, in Monterey, California. Although. at one time he farmed the ranch, Conlan discontinued farming in 1984 and began leasing most of his property to tenant farmers. Conlan occupied a personal residence on the property.

In the summer of 1988, individuals working for the Monterey County Planning Department and the Monterey County Health Department discovered that migrant workers were residing on Conlan’s ranch in substandard conditions. Along the eastern border of the Conlan ranch, migrant workers had established an…