Under the Administrative Procedure Act (“APA”), a decision containing a significant legal or policy determination of general application that is likely to recur may be designated as precedential (See Government Code Section 11425.60).
Once a decision is designated as precedential, the Department of Resources, Recycling and Recovery (hereinafter “Department”) may rely on the decision, and parties may cite to such decision in their argument to the Department, the Office of Administrative Hearings, and courts. The decisions in the table below have been designated as Precedent Decisions.
| Case Number | Case Type | Case Description | Case Name | Date |
|---|---|---|---|---|
| 23-01 | Probationary Revocation | Reliable evidence; extension of probationary certificate. | Pedley Vet | 4/30/2020 |
| 23-02 | Probationary Revocation | Fraud; PRC Section 14591.2(b)(2) limits disciplinary action based only upon the nature of the bad act, not the location where the act occurred. | Greenyard | |
| 23-03 | Application Denial | Promises of future compliance are illusory, especially where there is a history of dishonesty. | Golden State Recycling | 6/6/2018 |
| 23-04 | Probationary revocation | The law treats all of the locations under the control of a responsible party as a single operation for purposes of revocation for fraud. | Pinos | 4/8/2014 |
| 23-05 | Application Denial | Lay witness may testify re handwritten signatures. | Andrade | 6/29/2021 |
| 23-06 | Probationary revocation | No specific intent needed to prove fraud. | Jay's Recycling | 9/12/2016 |
| 23-07 | Probationary revocation | Training and life circumstances; program participants have a duty to understand and meet the requirements of the Act and Regs. | Live 2 Recycling | 6/24/2014 |
| 23-08 | Probationary Revocation | Proof of damage to the fund is not required to prove fraud; falsified documents is evidence of intent to defraud. | Piyin Recycling | 7/31/2013 |
| 23-09 | Application Denial | Person who exerts “day to day control” is responsible party. | South Central Recycling | 8/2/2019 |
| 23-10 | Application Denial | Site history, and application of department's policy owner/operator. | Dadaian | 12/30/2022 |
| 23-11 | Application Denial | Apologies do not establish by a preponderance of the evidence that Respondent will operate in accordance with the Act.; decertification is grounds for denial whether voluntary or not. | Jiminez | 1/10/2023 |
| 23-12 | Accusation/Formal Hearing | Fraud, restitution, joint & several liability; inability to pay irrelevant to imposition of statutory penalties. | Enviro Recycling Services | 9/22/2017 |
| 23-13 | Accusation/Formal Hearing | Certified and noncertified entities; specific intent/fraud; known vs should have known; alter ego; civil penalties. | Mission Fiber | 6/4/2014 |
| 23-14 | Accusation/Formal Hearing | Collateral estoppel will not be applied to prevent the dept. from carrying out its regulatory duties pertaining to the registration of curbside programs and preventing fraud. | Ware Disposal | 8/8/2013 |
| 23-15 | Accusation/Formal Hearing | Restitution; joint and several liability; alter ego; costs; licensees | Paper Rush | 8/13/2013 |
| 23-16 | Application Denial | Past criminal conduct can be basis for application denial. | Recycling Specialists | 7/21/2017 |