NATURE OF THE CASE AN ADMINISTRATIVE COMPLAINT AND NOTICE OR OPPORTUNITY FOR HEARING WAS SERVED ON REABE SPRAYING SERVICE, INC., ON FEBRUARY 16, 1981. THE COMPLAINT CHARGED SIX COUNTS OF VIO- LATING SECTION 12(A)(2)(G) OF FIFRA, USE OF A REGISTERED PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELLING. REABE SPRAYED A PESTICIDE MIXTURE OF AQUA 8 PARATHION, KOCIDE 101, AND SEVIN SPRAYALE CARBARYL INSECTICIDE IN AN AERIAL APPLICATION TO A BEAN FIELD LOCATED ADJACENT TO THE BIRD'S NEST DAY CARE CENTER. THE APPLICATION WAS CONDUCTED IN A MANNER INCONSISTENT WITH THE PESTICIDE LABELLING PRO- VISIONS. ADMINISTRATIVE LAW JUDGE GERALD HOWARD RENDERED A DE- CISION ON APRIL 30, 1982, THAT (ALJ) DISMISSED FIVE COUNTS IN THE COMPLAINT, AND FOUND ONE VIOLATION OF THE LABELLING PROVISIONS. SPECIFICALLY, THE JUDGE FOUND AGAINST REABE FOR FAILURE TO NOTIFY THE DAY CARE CENTER BEFORE SPRAYING THE PESTICIDE AND, SINCE NO ACTUAL HARM TO THE CHILDREN OCCUR- RED, ASSESSED A $600 PENALTY. ACCORDING TO THE TERMS OF THE DECISION, THE RESPONDENT WAS REQUIRED TO PAY THE AS- SESSED PENALTY WITHIN SIXTY DAYS OF SERVICE OF THE FINAL ORDER (APPROXIMATELY JUNE 2, 1982). THE COMPANY APPEALED THIS DECISION AFTER THE DEADLINE FOR APPEAL HAD EXPIRED. SUBSEQUENTLY, THE JUDICIAL OFFICER AFFIRMED THE ALJ'S INITIAL DECISION AN