Precedent Decisions

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 NumberCase TypeCase DescriptionCase NameDate
23-01Probationary RevocationReliable evidence; extension of probationary certificate.Pedley Vet4/30/2020
23-02Probationary RevocationFraud; 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
23-03Application Denial Promises of future compliance are illusory, especially where there is a history of dishonesty.Golden State Recycling6/6/2018
23-04Probationary 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.Pinos4/8/2014
23-05Application Denial Lay witness may testify re handwritten signatures.Andrade6/29/2021
23-06Probationary revocationNo specific intent needed to prove fraud.Jay's Recycling9/12/2016
23-07Probationary revocationTraining and life circumstances; program participants have a duty to understand and meet the requirements of the Act and Regs. Live 2 Recycling6/24/2014
23-08Probationary RevocationProof of damage to the fund is not required to prove fraud; falsified documents is evidence of intent to defraud.Piyin Recycling7/31/2013
23-09Application DenialPerson who exerts “day to day control” is responsible party.South Central Recycling 8/2/2019
23-10Application DenialSite history, and application of department's policy owner/operator.Dadaian12/30/2022
23-11Application DenialApologies 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.Jiminez1/10/2023
23-12Accusation/Formal HearingFraud, restitution, joint & several liability; inability to pay irrelevant to imposition of statutory penalties.Enviro Recycling Services9/22/2017
23-13Accusation/Formal HearingCertified and noncertified entities; specific intent/fraud; known vs should have known; alter ego; civil penalties. Mission Fiber6/4/2014
23-14Accusation/Formal HearingCollateral 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 Disposal8/8/2013
23-15Accusation/Formal HearingRestitution; joint and several liability; alter ego; costs; licenseesPaper Rush8/13/2013
23-16Application DenialPast criminal conduct can be basis for application denial.Recycling Specialists7/21/2017