Luận văn, báo cáo, luận án, đồ án, tiểu luận, đề tài khoa học, đề tài nghiên cứu, đề tài báo cáo - Kỹ thuật - Điện - Điện tử - Viễn thông BEFORE THE DIRECTOR DEPARTMENT OF CONSUMER AFFAIRS BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA In the Matter of the Accusation Against: SELMA SMOG PAUL SINGH PANNU, OWNER 2373 West Front Street Selma, CA 93662 Case No. 7915-3 OAH No. 2014080625 Automotive Repair Dealer Reg. No. ARD 222686 Smog Check, Test Only, Station License No. TC 222686 PAUL SINGH PANNU 8652 East Nebraska Selma, CA 93662 2205 First Street Selma, CA 93662 Smog Check Inspector License No. EO 631488 and Smog Check Repair Technician License No. EI 631488 (formerly Advanced Emission Specialist Technician License No. EA 631488) and PAWANPAL SINGH RANDHAWA 5906 N. La Ventana Fresno, CA 93723 Smog Check Inspector License No. EO 632778 Smog Check Repair Technician License No. EI 632778 (formerly Advanced Emission Specialist Technician License No. EA 632778) Respondents. DECISION - OAH NO. 2014080625 - Page 1 of 2 DECISION The attached Stipulated Settlement of License and Order is hereby accepted and adopted as the Decision of the Director of the Department of Consumer Affairs in the above-entitled matter. This Decision shall become effective november 8, 201b DATED: 9 14 16 (Dorothea JohnsonDOREATHEA JOHNSON Deputy Director Division of Legal Affairs Department of Consumer Affairs DECISION - OAH No. 2014080625 - Page 2 of 2 5 10 15 20 25 KAMALA D. HARRIS Attorney General of California N JANICE K. LACHMAN - Supervising Deputy Attorney General w JEFFREY M. PHILLIPS Deputy Attorney General 4 State Bar No. 154990 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916) 324-6292 Facsimile: (916) 327-8643 E-mail: Jeffrey.Phillipsdoj.ca.gov Attorneys for Complainant 8 BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA 11 12 In the Matter of the Accusation Against: 13 14 SELMA SMOG PAUL SINGH PANNU, OWNER 2373 West Front Street Selma, CA 93662 16 17 Automotive Repair Dealer Reg. No. ARD 222686 Smog Check, Test Only, Station License No. TC 222686, 18 PAUL SINGH PANNU 8652 East Nebraska Selma, CA 93662 21 2205 First Street Selma, CA 93662 22 23 24 Smog Check Inspector License No. EO 631488 and Smog Check Repair Technician License No. EI 631488 (formerly Advanced Emission Specialist Technician License No. EA 631488) and 26 27 PAWANPAL SINGH RANDHAWA 5906 N. La Ventana Fresno, CA 93723 28 Case No. 7915-3 OAH No. 2014080625 STIPULATED SETTLEMENT OF LICENSE AND ORDER STIPULATED SETTLEMENT (BAR Case No. 7915-3) Smog Check Inspector License No. EO 632778 Smog Check Repair Technician License N No. EI 632778 (formerly Advanced Emission Specialist Technician License No. EA 3 632778) 4 Respondents. IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above- entitled proceedings that the following matters are true: PARTIES 1. Patrick Dorais ("Complainant") is the Chief of the Bureau of Automotive Repair. He 10 brought this action solely in his official capacity and is represented in this matter by Kamala D. 11 Harris, Attorney General of the State of California, by Jeffrey M. Phillips, Deputy Attorney 12 General. 13 2. Respondent Selma Smog, Paul Singh Pannu, owner, Respondent Paul Singh Pannu, 14 and Respondent Pawanpal Singh Randhawa are represented by Attorney James Makasian of 15 Fresno, California. 16 Selma Smog; Paul Singh Pannu, Owner 17 3. On or about February 25, 2010, the Director issued Automotive Repair Dealer 18 Registration Number ARD 222686 ("registration") to Paul Singh Pannu ("Respondent Pannu"), owner of Selma Smog. Respondent''''s registration was in full force and effect at all times relevant 20 to the charges brought herein, expired on February 29, 2016, and has not been renewed. 21 4. On or about March 4, 2010, the Director issued Smog Check, Test Only, Station 22 License Number TC 222686 ("''''smog check station license") to Respondent Pannu. Respondent''''s 23 smog check station license was in full force and effect at all times relevant to the charges brought 24 herein, expired on February 29, 2016, and has not been renewed. 25 Paul Singh Pannu 26 5. On or about November 9, 2009, the Director issued Advanced Emission Specialist 27 Technician License Number EA 631488 to Paul Singh Pannu (Respondent Pannu). Pannu''''s 28 advanced emission specialist technician license was due to expire on March 31, 2014. Pursuant to 2 STIPULATED SETTLEMENT (BAR Case No. 7915-3) 5 10 15 20 25 California Code of Regulations, title 16, section 3340.28, subdivision (e), the license was N renewed, pursuant to Pannu''''s election, as Smog Check Inspector License Number EO 631488 w and Smog Check Repair Technician License Number EI 631488, effective March 27, 2014. A Respondent''''s Smog Check Repair Technician license and Smog Check Inspector license will expire on March 31, 2018, unless renewed. Pawanpal Singh Randhawa 6. On or about December 27, 2010, the Director issued Advanced Emission Specialist Technician License Number EA 632778 to Pawanpal Singh Randhawa ("Respondent Randhawa"). Respondent''''s advanced emission specialist technician license was due to expire on September 30, 2012. Pursuant to California Code of Regulations, title 16, section 3340.28, 11 subdivision (e), the license was renewed, pursuant to Respondent''''s election, as Smog Check 12 Inspector License No. EO 632778 and Smog Check Repair Technician License No. EI 632778 13 ("smog technician licenses"), effective August 15, 2012. Respondent''''s Smog Check Technician 14 License No. EI 632778 expired on September 30, 2014, and has not been renewed. Respondent''''s Smog Check Inspector License No. EO 632778 expires on September 30, 2016, unless renewed. 16 JURISDICTION 17 7. Accusation No. 7915-3 was filed before the Director of Consumer Affairs (Director), 18 for the Bureau of Automotive Repair (Bureau), and is currently pending against Respondents. 19 The Accusation and all other statutorily required documents were properly served on Respondents on July 18, 2014. Respondents timely filed their Notice of Defense contesting the 21 Accusation. 22 8. A copy of Accusation No. 7915-3 is attached as exhibit A and incorporated herein by 23 reference. 24 ADVISEMENT AND WAIVERS 9. Respondents have carefully read, fully discussed with their counsel, and understand 26 the charges and allegations in Accusation No. 7915-3. Respondents have also carefully read, 27 fully discussed with counsel, and understand the effects of this Stipulated Settlement and 28 Disciplinary Order. 3 STIPULATED SETTLEMENT (BAR Case No. 7915-3) 5 10 15 20 25 10. Respondents are fully aware of their legal rights in this matter, including the right to a hearing on the charges and allegations in the Accusation; the right to be represented by counsel at w their own expense; the right to confront and cross-examine the witnesses against them; the right A to present evidence and to testify on their own behalf; the right to the issuance of subpoenas to compel the attendance of witnesses and the production of documents; the right to reconsideration 6 and court review of an adverse decision; and all other rights accorded by the California Administrative Procedure Act and other applicable laws. 1 1. Respondents voluntarily, knowingly, and intelligently waive and give up each and 9 every right set forth above. CULPABILITY 11 12. Respondents admit the truth of each and every charge and allegation in Accusation 12 No. 7915-3. 13 13. Respondents agree that their registration and licenses are subject to discipline and 14 agree to be bound by the Director''''s terms and conditions set forth in the Disciplinary Order below . 16 RESERVATION 17 14. The admissions made by Respondents herein are only for the purposes of this 18 proceeding, or any other proceedings in which the Director of Consumer Affairs, Bureau of 19 Automotive Repair, or other professional licensing agency is involved, and shall not be admissible in any other criminal or civil proceeding. 21 CONTINGENCY 22 15. This stipulation shall be subject to approval by the Director of Consumer Affairs or 23 the Director''''s designee. Respondents understand and agree that counsel for Complainant and the 24 staff of the Bureau of Automotive Repair may communicate directly with the Director and staff of the Department of Consumer Affairs regarding this stipulation and settlement, without notice to 26 or participation by Respondent or his counsel. By signing the stipulation, Respondents 27 understand and agree that they may not withdraw this agreement or seek to rescind this stipulation 28 prior to the time the Director considers and acts upon it. If the Director fails to adopt this STIPULATED SETTLEMENT (BAR Case No. 7915-3) stipulation as the Decision and Order, the Stipulated Settlement and Disciplinary Order shall be of N no force or effect, except for this paragraph, it shall be inadmissible in any legal action between W the parties, and the Director shall not be disqualified from further action by having considered 4 this matter. 16. The parties understand and agree that Portable Document Format (PDF) and facsimileU copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals. 17. This Stipulated Settlement and Disciplinary Order is intended by the parties to be an 9 integrated writing representing the complete, final, and exclusive embodiment of their agreement. 10 It supersedes any and all prior or contemporaneous agreements, understandings, discussions, 11 negotiations, and commitments (written or oral). This Stipulated Settlement and Disciplinary 12 Order may not be altered, amended, modified, supplemented, or otherwise changed except by a 13 writing executed by an authorized representative of each of the parties. 14 18. In consideration of the foregoing admissions and stipulations, the parties agree that 15 the Director may, without further notice or formal proceeding, issue and enter the following 16 Disciplinary Order: 17 DISCIPLINARY ORDER 18 IT IS HEREBY ORDERED that Automotive Repair Dealer Registration No. ARD 19 222686 issued to Selma Smog, Paul Singh Pannu, Owner, is hereby revoked. Smog Check, Test 20 Only Station License Number TC 222686 issued to Selma Smog, Paul Singh Pannu, Owner, is 21 also revoked. Respondent Pawanpal Singh Randhawa''''s Smog Check Inspector License No. EO 22 632778 and Smog Check Repair Technician License No. EI 632778 are hereby revoked. 23 24 1 . The revocation of each license by the Bureau shall constitute the imposition of discipline against each Respondent. This stipulation constitutes a record of the discipline and 26 shall become a part of each Respondent''''s license history with the Bureau of Automotive Repair. 27 28 5 STIPULATED SETTLEMENT (BAR Case No. 7915-3) 5 10 15 20 25 2. Respondent Selma Smog, Paul Singh Pannu, Owner, shall lose all rights and N privileges as a Automotive Repair Dealer and Smog Check, Test Only, Station in California as of the effective date of the Director''''s Decision and Order.w 3. Respondent Pawanpal Singh Randhawa shall lose all rights and privileges as a Smog Check Inspector and as Smog Check Repair Technician as of the effective date of the Director''''s 6 Decision and Order. 4. Respondents Selma Smog and Pawanpal Singh Randhawa shall cause to be delivered to the Bureau each of their revoked pocket license and, if one was issued, each of their wall 9 certificates on or before the effective date of the Decision and Order. 5. If either Respondent ever files an application for licensure registration or a petition 11 for reinstatement of their revoked licenses registration in the State of California, the Bureau shall 12 treat it as an application for a new license or registration. Each Respondent must comply with all 13 the laws, regulations and procedures for application of a new license or registration in effect at the 14 time the application is filed, and all of the charges and allegations contained in Accusation No. 7915-3 shall be deemed to be true, correct and admitted by Respondent when the Director 16 determines whether to grant or deny the petition. 17 6. Respondent Selma Smog, Paul Singh Pannu, Owner shall pay the Bureau the costs of 18 enforcement in the amount of 3,769.59 prior to issuance of a new Automotive Repair Dealer 19 registration or Smog Check Test Only Station License. Respondent Randhawa shall pay the Bureau its costs of enforcement in the amount of 1,884.80 prior to issuance of a new license. 21 IT IS ALSO ORDERED that Respondent Paul Singh Pannu''''s Smog Check Inspector 22 License Number EO 631488 and Smog Check Repair Technician License Number EI 631488, 23 and are hereby revoked. However, the revocation is stayed and Respondent is placed on 24 probation for three (3) years on the following terms and conditions. 26 1. Obey All Laws. Comply with all statutes, regulations and rules governing 27 automotive inspections, estimates and repairs. 28 2. Reporting. Respondent or Respondent''''s authorized representative must report in 6 STIPULATED SETTLEMENT (BAR Case No. 7915-3) person or in writing as prescribed by the Bureau of Automotive Repair, on a schedule set by the N Bureau, but no more frequently than each quarter, on the methods used and success achieved in W maintaining compliance with the terms and conditions of probation. A 3. Report Financial Interest. Within 30 days of the effective date of this action, report U any financial interest which any partners, officers, or owners of the Respondent facility may have in any other business required to be registered pursuant to Section 9884.6 of the Business and Professions Code. 4. Random Inspections. Provide Bureau representatives unrestricted access to inspect 9 all vehicles (including parts) undergoing repairs, up to and including the point of completion. 10 5. Jurisdiction. If an accusation is filed against Respondent during the term of 11 probation, the Director of Consumer Affairs shall have continuing jurisdiction over this matter 12 until the final decision on the accusation, and the period of probation shall be extended until such 13 decision. 14 6. Violation of Probation. Should the Director of Consumer Affairs determine that 15 Respondent has failed to comply with the terms and conditions of probation, the Department may, 16 after giving notice and opportunity to be heard temporarily or permanently invalidate the 17 registration andor suspend or revoke the license. 18 7. Cost Recovery. Respondent Pannu shall pay the Bureau its costs of enforcement in 19 the amount of 1,884.80 during the probationary period of Respondent''''s Smog Check Inspector 20 License and Smog Check Repair Technician License. Payment to the Bureau of the full amount 21 of cost recovery shall be received no later than 6 months before probation terminates. Failure to 22 complete payment of cost recovery within this time frame shall constitute a violation of probation 23 which may subject Respondent''''s licenses registration to outright revocation; however, the 24 Director or the Director''''s Bureau of Automotive Repair designee may elect to continue probation 25 until such time as reimbursement of the entire cost recovery amount has been made to the Bureau. 26 ACCEPTANCE 27 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully 28 discussed it with my attorney, James M. Makasian. I understand the stipulation and the effect it STIPULATED SETTLEMENT (BAR Case No. 7915-3) 5 10 15 20 25 will have on my Automotive Repair Dealer Registration, Smog Check Test Only Station License, N Smog Check Inspector License and Smog Check Repair License. I enter into this Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agree to bew 4 bound by the Decision and Order of the Director of Consumer Affairs. DATED: 06 09 16 SELMA MOG; PAUL SINGH PANNU, OWNER . a DATED7 06091 16 PAUL SINGH PANNU, Respondent 8 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully discussed it with my attorney, James M. Makasian. I understand the stipulation and the effect it 11 will have on my Smog Check Inspector License and Smog Check Repair License. I enter into 12 this Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and 13 agree to be bound by the Decision and Order of the Director of Consumer Affairs. 14 DATED: PAWANPAL SINGH RANDHAWA, Respondent16 17 I have read and fully discussed with Respondents Selma Smog, Paul Singh Pannu, Owner, 18 Paul Singh Pannu; and Pawanpal Singh Randhawa the terms and conditions and other matters 19 contained in the above Stipulated Settlement and Disciplinary Order. I approve its form and content. 21 DATED: 69 16 James M Makasian 22 Attorney for Respondent 23 24 26 ENDORSEMENT 27 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully 28 submitted for consideration by the Director of Consumer Affairs. 8 STIPULATED SETTLEMENT (BAR Case No. 7915-3) Respectfully submitted,Dated: 715 16 N KAMALA D. HARRIS W Attorney General of California JANICE K. LACHMAN A Supervising Deputy Attorney General JEFFREYM PHILLIPS Deputy Attorney General Attorneys for Complainant 10 SA20141 14903 11 Selma Smog, Randhawa, Pannu revised stipulation 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q STIPULATED SETTLEMENT (BAR Case No. 7915-3) Exhibit A Accusation No. 7915-3 KAMALA D. HARRIS Attorney General of California JANICE K. LACHMANN Supervising Deputy Attorney General w JEFFREY M. PHILLIPS Deputy Attorney General State Bar No. 154990 1300 I Street, Suite 125 S P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916) 324-6292 Facsimile: (916) 327-8643 7 Attorneys for Complainant BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS 9 FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA 10 In the Matter of the Accusation Against: AUTOMOTIVE CENTER 13 RUMALDO MIKE CARRILLO, OWNER 1818 East El Monte Way, Unit 1 Dinuba, CA 93618-9317 15 Automotive Repair Dealer Reg. No. ARD 179642, 16 SELMA SMOG PAUL SINGH PANNU, OWNER 17 2373 West Front Street Selma, CA 93662 18 Automotive Repair Dealer Reg. No. ARD 222686 19 Smog Check, Test Only, Station License No. TC 222686, 20 PAUL SINGH PANNU 8652 East Nebraska 21 Selma, CA 93662 22 2205 First Street Selma, CA 93662 23 Smog Check Inspector License No. EO 631488 and 24 Smog Check Repair Technician License No. E1 631488 (formerly Advanced Emission Specialist Technician License No. EA 631488) 26 and 27 28 Case No. 7915-3 ACCUSATION (Smog Check) Accusation 5 10 15 20 25 PAWANPAL SINGH RANDHAWA 5906 N. La Ventana N Fresno, CA 93723 3 Smog Check Inspector License No. EO 632778 Smog Check Repair Technician License 4 No. EI 632778 (formerly Advanced Emission Specialist Technician License No. EA 632778) Respondents. a Complainant alleges: 8 PARTIES 9 1. Patrick Dorais ("Complainant") brings this Accusation solely in his official capacity as the Chief of the Bureau of Automotive Repair ("Bureau"), Department of Consumer Affairs. 11 Automotive Center; Rumaldo Mike Carrillo, Owner 12 . On or about 1994, the Director of Consumer Affairs ("Director") issued Automotive 13 Repair Dealer Registration Number ARD 179642 ("registration") to Rumaldo Mike Carrillo 14 ("Respondent Carrillo"), owner of Automotive Center. Respondent''''s registration was in full force and effect at all times relevant to the charges brought herein and will expire on August 31, 16 2014, unless renewed. 17 Selma Smog; Paul Singh Pannu, Owner 3. On or about February 25, 2010, the Director issued Automotive Repair Dealer 19 Registration Number ARD 222686 ("registration") to Paul Singh Pannu ("Respondent Pannu"), owner of Selma Smog. Respondent''''s registration was in full force and effect at all times relevant 21 to the charges brought herein and will expire on February 28, 2015, unless renewed. 22 4. On or about March 4, 2010, the Director issued Smog Check, Test Only, Station 23 License Number TC 222686 ("smog check station license") to Respondent Pannu. Respondent''''s 24 smog check station license was in full force and effect at all times relevant to the charges brought herein and will expire on February 28, 2015, unless renewed. 26 Paul Singh Pannu 27 5 . On or about November 9, 2009, the Director issued Advanced Emission Specialist 28 Technician License Number EA 631488 to Paul Singh Pannu (Respondent Pannu). Pannu''''s Accusation advanced emission specialist technician license was duc to expire on March 31, 2014. Pursuant to N California Code of Regulations, title 16, section 3340.28, subdivision (e), the license was renewed, pursuant to Pannu''''s election, as Smog Check Inspector License Number EO 631488w A and Smog Check Repair Technician License Number EI 631488 ("smog technician licenses"), effective March 27, 2014. Respondent''''s smog technician licenses will expire on March 31, 2016,un 6 unless renewed.'''' Pawanpal Singh Randhawa 6. On or about December 27, 2010, the Director issued Advanced Emission Specialist Technician License Number EA 632778 to Pawanpal Singh Randhawa ("Respondent 10 Randhawa"). Respondent''''s advanced emission specialist technician license was due to expire on 11 September 30, 2012. Pursuant to California Code of Regulations, title 16, section 3340.28, 12 subdivision (e), the license was renewed, pursuant to Respondent''''s election, as Smog Check 13 Inspector License No. EO 632778 and Smog Check Repair Technician License No. EI 632778 14 ("smog technician licenses"), effective August 15, 2012. Respondent''''s smog technician licenses 15 will expire on September 30, 2014, unless renewed. 16 JURISDICTION 17 7. Business and Professions Code ("Bus. Prof. Code") section 9884.7 provides that 18 the Director may revoke an automotive repair dealer registration. 19 8. Bus. Prof. Code section 9884.13 provides, in pertinent part, that the expiration of a 20 valid registration shall not deprive the Director of jurisdiction to proceed with a disciplinary 21 proceeding against an automotive repair dealer or to render a decision temporarily or permanently 22 invalidating (suspending or revoking) a registration. 23 9 . Health and Safety Code ("Health Saf. Code") section 44002 provides, in pertinent 24 part, that the Director has all the powers and authority granted under the Automotive Repair Act 25 for enforcing the Motor Vehicle Inspection Program. 26 Effective August 1, 2012, California Code of Regulations, title 16, sections 3340.28, 3340.29, and 3340.30 were amended to implement a license restructure from the Advanced 27 Emission Specialist Technician (EA) license and Basic Arca (EB) Technician license to Smog 28 Check Inspector (EO) license andor Smog Check Repair Technician (EI) license. Accusation 10. Health Saf. Code section 44072.6 provides, in pertinent part, that the expiration or N suspension of a license by operation of law, or by order or decision of the Director of Consumer Affairs, or a court of law, or the voluntary surrender of the license shall not deprive the Director A of jurisdiction to proceed with disciplinary action. un 1 1. Health Saf. Code section 44072.8 states that when a license has been revoked or 6 suspended following a hearing under this article, any additional license issued under this chapter in the name of the licensee may be likewise revoked or suspended by the director. 8 12. California Code of Regulations, title 16, section 3340.28, subdivision (e), states that "ujpon renewal of an unexpired Basic Area Technician license or an Advanced Emission 10 Specialist Technician license issued prior to the effective date of this regulation, the licensee may 11 apply to renew as a Smog Check Inspector, Smog Check Repair Technician, or both. 12 STATUTORY AND REGULATORY PROVISIONS 13 13. Bus. Prof. Code section 9884.7 states, in pertinent part: 14 (a) The director, where the automotive repair dealer cannot show there was a bona fide error, may deny, suspend, revoke or place on probation the 15 registration of an automotive repair dealer for any of the following acts or omissions related to the conduct of the business of the automotive repair dealer, which are done 16 by the automotive repair dealer or any automotive technician, employee, partner, officer, or member of the automotive repair dealer. 17 (1) Making or authorizing in any manner or by any means whatever any 18 statement written or oral which is untruc or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading. 19 . . . . 20 (4) Any other conduct that constitutes fraud. 21 . . . . 22 (6) Failure in any material respect to comply with the provisions of this 23 chapter or regulations adopted pursuant to it. 24 (7) Any willful departure from or disregard of accepted trade standards for good and workmanlike repair in any material respect, which is prejudicial to 25 another without consent of the owner or his or her duly authorized representative. 26 . . . . 27 (c) Notwithstanding subdivision (b), the director may suspend, revoke or place on probation the registration for all places of business operated in this state by 28 an automotive repair dealer upon a finding that the automotive repair dealer has, or is, 4 Accusation engaged in a course of repeated and willful violations of this chapter, or regulations adopted pursuant to it. N 14. Bus. Prof. Code section 22, subdivision (a), states: W "Board" as used in any provision of this Code, refers to the board in which the administration of the provision is vested, and unless otherwise expressly A provided, shall include "bureau," "commission," "committee," "department," ''''division," "examining committee," "program," and "agency." U 15. Bus. Prof. Code section 477, subdivision (b), states, in pertinent part, that a "license" includes "registration" and "certificate." 16. Health Saf. Code section 44072.2 states, in pertinent part: 9 T...
BEFORE THE DIRECTOR DEPARTMENT OF CONSUMER AFFAIRS BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No 79/15-3 OAH No 2014080625 SELMA SMOG PAUL SINGH PANNU, OWNER 2373 West Front Street Selma, CA 93662 Automotive Repair Dealer Reg No ARD 222686 Smog Check, Test Only, Station License No TC 222686 PAUL SINGH PANNU 8652 East Nebraska Selma, CA 93662 2205 First Street Selma, CA 93662 Smog Check Inspector License No EO 631488 and Smog Check Repair Technician License No EI 631488 (formerly Advanced Emission Specialist Technician License No EA 631488) and PAWANPAL SINGH RANDHAWA 5906 N La Ventana Fresno, CA 93723 Smog Check Inspector License No EO 632778 Smog Check Repair Technician License No EI 632778 (formerly Advanced Emission Specialist Technician License No EA 632778) Respondents DECISION - OAH NO 2014080625 - Page 1 of 2 DECISION The attached Stipulated Settlement of License and Order is hereby accepted and adopted as the Decision of the Director of the Department of Consumer Affairs in the above-entitled matter This Decision shall become effective november 8, 201b DATED: 9 / 14 / 16 (DDoOrRoEAtThHEeAaJOJHNoShONnson Deputy Director Division of Legal Affairs Department of Consumer Affairs DECISION - OAH No 2014080625 - Page 2 of 2 KAMALA D HARRIS Attorney General of California N JANICE K LACHMAN - Supervising Deputy Attorney General w JEFFREY M PHILLIPS Deputy Attorney General 4 State Bar No 154990 1300 I Street, Suite 125 5 P.O Box 944255 6 Sacramento, CA 94244-2550 Telephone: (916) 324-6292 Facsimile: (916) 327-8643 E-mail: Jeffrey.Phillips@doj.ca.gov Attorneys for Complainant 8 BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS FOR THE BUREAU OF AUTOMOTIVE REPAIR 10 STATE OF CALIFORNIA 11 12 In the Matter of the Accusation Against: Case No 79/15-3 13 SELMA SMOG OAH No 2014080625 PAUL SINGH PANNU, OWNER STIPULATED SETTLEMENT OF 14 2373 West Front Street LICENSE AND ORDER Selma, CA 93662 15 Automotive Repair Dealer Reg No ARD 16 222686 Smog Check, Test Only, Station License No 17 TC 222686, 18 PAUL SINGH PANNU 8652 East Nebraska Selma, CA 93662 20 2205 First Street Selma, CA 93662 21 Smog Check Inspector License No EO 22 631488 and Smog Check Repair Technician License No 23 EI 631488 (formerly Advanced Emission Specialist 24 Technician License No EA 631488) 25 and 26 PAWANPAL SINGH RANDHAWA 5906 N La Ventana 27 Fresno, CA 93723 28 STIPULATED SETTLEMENT (BAR Case No 79/15-3) Smog Check Inspector License No EO 632778 Smog Check Repair Technician License N No EI 632778 (formerly Advanced Emission Specialist Technician License No EA 3 632778) 4 Respondents IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above- entitled proceedings that the following matters are true: PARTIES 1 Patrick Dorais ("Complainant") is the Chief of the Bureau of Automotive Repair He 10 brought this action solely in his official capacity and is represented in this matter by Kamala D 11 Harris, Attorney General of the State of California, by Jeffrey M Phillips, Deputy Attorney 12 General 13 2 Respondent Selma Smog, Paul Singh Pannu, owner, Respondent Paul Singh Pannu, 14 and Respondent Pawanpal Singh Randhawa are represented by Attorney James Makasian of 15 Fresno, California 16 Selma Smog; Paul Singh Pannu, Owner 17 3 On or about February 25, 2010, the Director issued Automotive Repair Dealer 18 Registration Number ARD 222686 ("registration") to Paul Singh Pannu ("Respondent Pannu"), owner of Selma Smog Respondent's registration was in full force and effect at all times relevant 20 to the charges brought herein, expired on February 29, 2016, and has not been renewed 21 4 On or about March 4, 2010, the Director issued Smog Check, Test Only, Station 22 License Number TC 222686 ("'smog check station license") to Respondent Pannu Respondent's 23 smog check station license was in full force and effect at all times relevant to the charges brought 24 herein, expired on February 29, 2016, and has not been renewed 25 Paul Singh Pannu 26 5 On or about November 9, 2009, the Director issued Advanced Emission Specialist 27 Technician License Number EA 631488 to Paul Singh Pannu (Respondent Pannu) Pannu's 28 advanced emission specialist technician license was due to expire on March 31, 2014 Pursuant to 2 STIPULATED SETTLEMENT (BAR Case No 79/15-3) California Code of Regulations, title 16, section 3340.28, subdivision (e), the license was N renewed, pursuant to Pannu's election, as Smog Check Inspector License Number EO 631488 w and Smog Check Repair Technician License Number EI 631488, effective March 27, 2014 A Respondent's Smog Check Repair Technician license and Smog Check Inspector license will 5 expire on March 31, 2018, unless renewed Pawanpal Singh Randhawa 6 On or about December 27, 2010, the Director issued Advanced Emission Specialist Technician License Number EA 632778 to Pawanpal Singh Randhawa ("Respondent Randhawa") Respondent's advanced emission specialist technician license was due to expire on 10 September 30, 2012 Pursuant to California Code of Regulations, title 16, section 3340.28, 11 subdivision (e), the license was renewed, pursuant to Respondent's election, as Smog Check 12 Inspector License No EO 632778 and Smog Check Repair Technician License No EI 632778 13 ("smog technician licenses"), effective August 15, 2012 Respondent's Smog Check Technician 14 License No EI 632778 expired on September 30, 2014, and has not been renewed Respondent's 15 Smog Check Inspector License No EO 632778 expires on September 30, 2016, unless renewed 16 JURISDICTION 17 7 Accusation No 79/15-3 was filed before the Director of Consumer Affairs (Director), 18 for the Bureau of Automotive Repair (Bureau), and is currently pending against Respondents 19 The Accusation and all other statutorily required documents were properly served on 20 Respondents on July 18, 2014 Respondents timely filed their Notice of Defense contesting the 21 Accusation 22 8 A copy of Accusation No 79/15-3 is attached as exhibit A and incorporated herein by 23 reference 24 ADVISEMENT AND WAIVERS 25 9 Respondents have carefully read, fully discussed with their counsel, and understand 26 the charges and allegations in Accusation No 79/15-3 Respondents have also carefully read, 27 fully discussed with counsel, and understand the effects of this Stipulated Settlement and 28 Disciplinary Order 3 STIPULATED SETTLEMENT (BAR Case No 79/15-3) | 10 Respondents are fully aware of their legal rights in this matter, including the right to a hearing on the charges and allegations in the Accusation; the right to be represented by counsel at w their own expense; the right to confront and cross-examine the witnesses against them; the right A to present evidence and to testify on their own behalf; the right to the issuance of subpoenas to 5 compel the attendance of witnesses and the production of documents; the right to reconsideration 6 and court review of an adverse decision; and all other rights accorded by the California Administrative Procedure Act and other applicable laws 1 1 Respondents voluntarily, knowingly, and intelligently waive and give up each and 9 every right set forth above 10 CULPABILITY 11 12 Respondents admit the truth of each and every charge and allegation in Accusation 12 No 79/15-3 13 13 Respondents agree that their registration and licenses are subject to discipline and 14 agree to be bound by the Director's terms and conditions set forth in the Disciplinary Order 15 below 16 RESERVATION 17 14 The admissions made by Respondents herein are only for the purposes of this 18 proceeding, or any other proceedings in which the Director of Consumer Affairs, Bureau of 19 Automotive Repair, or other professional licensing agency is involved, and shall not be 20 admissible in any other criminal or civil proceeding 21 CONTINGENCY 22 15 This stipulation shall be subject to approval by the Director of Consumer Affairs or 23 the Director's designee Respondents understand and agree that counsel for Complainant and the 24 staff of the Bureau of Automotive Repair may communicate directly with the Director and staff of 25 the Department of Consumer Affairs regarding this stipulation and settlement, without notice to 26 or participation by Respondent or his counsel By signing the stipulation, Respondents 27 understand and agree that they may not withdraw this agreement or seek to rescind this stipulation 28 prior to the time the Director considers and acts upon it If the Director fails to adopt this STIPULATED SETTLEMENT (BAR Case No 79/15-3) stipulation as the Decision and Order, the Stipulated Settlement and Disciplinary Order shall be of N no force or effect, except for this paragraph, it shall be inadmissible in any legal action between W the parties, and the Director shall not be disqualified from further action by having considered 4 this matter U 16 The parties understand and agree that Portable Document Format (PDF) and facsimile copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals 17 This Stipulated Settlement and Disciplinary Order is intended by the parties to be an 9 integrated writing representing the complete, final, and exclusive embodiment of their agreement 10 It supersedes any and all prior or contemporaneous agreements, understandings, discussions, 11 negotiations, and commitments (written or oral) This Stipulated Settlement and Disciplinary 12 Order may not be altered, amended, modified, supplemented, or otherwise changed except by a 13 writing executed by an authorized representative of each of the parties 14 18 In consideration of the foregoing admissions and stipulations, the parties agree that 15 the Director may, without further notice or formal proceeding, issue and enter the following 16 Disciplinary Order: 17 DISCIPLINARY ORDER 18 IT IS HEREBY ORDERED that Automotive Repair Dealer Registration No ARD 19 222686 issued to Selma Smog, Paul Singh Pannu, Owner, is hereby revoked Smog Check, Test 20 Only Station License Number TC 222686 issued to Selma Smog, Paul Singh Pannu, Owner, is 21 also revoked Respondent Pawanpal Singh Randhawa's Smog Check Inspector License No EO 22 632778 and Smog Check Repair Technician License No EI 632778 are hereby revoked 23 24 1 The revocation of each license by the Bureau shall constitute the imposition of discipline against each Respondent This stipulation constitutes a record of the discipline and 26 shall become a part of each Respondent's license history with the Bureau of Automotive Repair 27 28 5 STIPULATED SETTLEMENT (BAR Case No 79/15-3) | 2 Respondent Selma Smog, Paul Singh Pannu, Owner, shall lose all rights and N privileges as a Automotive Repair Dealer and Smog Check, Test Only, Station in California as of w the effective date of the Director's Decision and Order 3 Respondent Pawanpal Singh Randhawa shall lose all rights and privileges as a Smog 5 Check Inspector and as Smog Check Repair Technician as of the effective date of the Director's 6 Decision and Order 4 Respondents Selma Smog and Pawanpal Singh Randhawa shall cause to be delivered to the Bureau each of their revoked pocket license and, if one was issued, each of their wall 9 certificates on or before the effective date of the Decision and Order 10 5 If either Respondent ever files an application for licensure/ registration or a petition 11 for reinstatement of their revoked licenses/ registration in the State of California, the Bureau shall 12 treat it as an application for a new license or registration Each Respondent must comply with all 13 the laws, regulations and procedures for application of a new license or registration in effect at the 14 time the application is filed, and all of the charges and allegations contained in Accusation No 15 79/15-3 shall be deemed to be true, correct and admitted by Respondent when the Director 16 determines whether to grant or deny the petition 17 6 Respondent Selma Smog, Paul Singh Pannu, Owner shall pay the Bureau the costs of 18 enforcement in the amount of $3,769.59 prior to issuance of a new Automotive Repair Dealer 19 registration or Smog Check Test Only Station License Respondent Randhawa shall pay the 20 Bureau its costs of enforcement in the amount of $1,884.80 prior to issuance of a new license 21 IT IS ALSO ORDERED that Respondent Paul Singh Pannu's Smog Check Inspector 22 License Number EO 631488 and Smog Check Repair Technician License Number EI 631488, 23 and are hereby revoked However, the revocation is stayed and Respondent is placed on 24 probation for three (3) years on the following terms and conditions 25 26 1 Obey All Laws Comply with all statutes, regulations and rules governing 27 automotive inspections, estimates and repairs 28 2 Reporting Respondent or Respondent's authorized representative must report in 6 STIPULATED SETTLEMENT (BAR Case No 79/15-3) person or in writing as prescribed by the Bureau of Automotive Repair, on a schedule set by the N Bureau, but no more frequently than each quarter, on the methods used and success achieved in W maintaining compliance with the terms and conditions of probation A 3 Report Financial Interest Within 30 days of the effective date of this action, report U any financial interest which any partners, officers, or owners of the Respondent facility may have in any other business required to be registered pursuant to Section 9884.6 of the Business and Professions Code 4 Random Inspections Provide Bureau representatives unrestricted access to inspect 9 all vehicles (including parts) undergoing repairs, up to and including the point of completion 10 5 Jurisdiction If an accusation is filed against Respondent during the term of 11 probation, the Director of Consumer Affairs shall have continuing jurisdiction over this matter 12 until the final decision on the accusation, and the period of probation shall be extended until such 13 decision 14 6 Violation of Probation Should the Director of Consumer Affairs determine that 15 Respondent has failed to comply with the terms and conditions of probation, the Department may, 16 after giving notice and opportunity to be heard temporarily or permanently invalidate the 17 registration and/or suspend or revoke the license 18 7 Cost Recovery Respondent Pannu shall pay the Bureau its costs of enforcement in 19 the amount of $1,884.80 during the probationary period of Respondent's Smog Check Inspector 20 License and Smog Check Repair Technician License Payment to the Bureau of the full amount 21 of cost recovery shall be received no later than 6 months before probation terminates Failure to 22 complete payment of cost recovery within this time frame shall constitute a violation of probation 23 which may subject Respondent's licenses registration to outright revocation; however, the 24 Director or the Director's Bureau of Automotive Repair designee may elect to continue probation 25 until such time as reimbursement of the entire cost recovery amount has been made to the Bureau 26 ACCEPTANCE 27 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully 28 discussed it with my attorney, James M Makasian I understand the stipulation and the effect it STIPULATED SETTLEMENT (BAR Case No 79/15-3) will have on my Automotive Repair Dealer Registration, Smog Check Test Only Station License, N Smog Check Inspector License and Smog Check Repair License I enter into this Stipulated w Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be 4 bound by the Decision and Order of the Director of Consumer Affairs 5 DATED: 06/ 09/ 16 SELMA $MOG; PAUL SINGH PANNU, OWNER PAUL SINGH PANNU, Respondent a 7 DATED 06/091 16 8 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully 10 discussed it with my attorney, James M Makasian I understand the stipulation and the effect it 11 will have on my Smog Check Inspector License and Smog Check Repair License I enter into 12 this Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and 13 agree to be bound by the Decision and Order of the Director of Consumer Affairs 14 15 DATED: PAWANPAL SINGH RANDHAWA, Respondent 16 17 I have read and fully discussed with Respondents Selma Smog, Paul Singh Pannu, Owner, 18 Paul Singh Pannu; and Pawanpal Singh Randhawa the terms and conditions and other matters 19 contained in the above Stipulated Settlement and Disciplinary Order I approve its form and 20 content 21 DATED: 6/9 / 16 James /M/ Makasian Attorney for Respondent 22 23 24 25 26 ENDORSEMENT 27 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully 28 submitted for consideration by the Director of Consumer Affairs 8 STIPULATED SETTLEMENT (BAR Case No 79/15-3) | advanced emission specialist technician license was duc to expire on March 31, 2014 Pursuant to N California Code of Regulations, title 16, section 3340.28, subdivision (e), the license was w renewed, pursuant to Pannu's election, as Smog Check Inspector License Number EO 631488 A and Smog Check Repair Technician License Number EI 631488 ("smog technician licenses"), un effective March 27, 2014 Respondent's smog technician licenses will expire on March 31, 2016, 6 unless renewed.' Pawanpal Singh Randhawa 6 On or about December 27, 2010, the Director issued Advanced Emission Specialist Technician License Number EA 632778 to Pawanpal Singh Randhawa ("Respondent 10 Randhawa") Respondent's advanced emission specialist technician license was due to expire on 11 September 30, 2012 Pursuant to California Code of Regulations, title 16, section 3340.28, 12 subdivision (e), the license was renewed, pursuant to Respondent's election, as Smog Check 13 Inspector License No EO 632778 and Smog Check Repair Technician License No EI 632778 14 ("smog technician licenses"), effective August 15, 2012 Respondent's smog technician licenses 15 will expire on September 30, 2014, unless renewed 16 JURISDICTION 17 7 Business and Professions Code ("Bus & Prof Code") section 9884.7 provides that 18 the Director may revoke an automotive repair dealer registration 19 8 Bus & Prof Code section 9884.13 provides, in pertinent part, that the expiration of a 20 valid registration shall not deprive the Director of jurisdiction to proceed with a disciplinary 21 proceeding against an automotive repair dealer or to render a decision temporarily or permanently 22 invalidating (suspending or revoking) a registration 23 9 Health and Safety Code ("Health & Saf Code") section 44002 provides, in pertinent 24 part, that the Director has all the powers and authority granted under the Automotive Repair Act 25 for enforcing the Motor Vehicle Inspection Program 26 Effective August 1, 2012, California Code of Regulations, title 16, sections 3340.28, 27 3340.29, and 3340.30 were amended to implement a license restructure from the Advanced Emission Specialist Technician (EA) license and Basic Arca (EB) Technician license to Smog 28 Check Inspector (EO) license and/or Smog Check Repair Technician (EI) license Accusation 10 Health & Saf Code section 44072.6 provides, in pertinent part, that the expiration or N suspension of a license by operation of law, or by order or decision of the Director of Consumer Affairs, or a court of law, or the voluntary surrender of the license shall not deprive the Director A of jurisdiction to proceed with disciplinary action un 1 1 Health & Saf Code section 44072.8 states that when a license has been revoked or 6 suspended following a hearing under this article, any additional license issued under this chapter in the name of the licensee may be likewise revoked or suspended by the director 8 12 California Code of Regulations, title 16, section 3340.28, subdivision (e), states that "[ujpon renewal of an unexpired Basic Area Technician license or an Advanced Emission 10 Specialist Technician license issued prior to the effective date of this regulation, the licensee may 11 apply to renew as a Smog Check Inspector, Smog Check Repair Technician, or both 12 STATUTORY AND REGULATORY PROVISIONS 13 13 Bus & Prof Code section 9884.7 states, in pertinent part: 14 (a) The director, where the automotive repair dealer cannot show there 15 was a bona fide error, may deny, suspend, revoke or place on probation the registration of an automotive repair dealer for any of the following acts or omissions 16 related to the conduct of the business of the automotive repair dealer, which are done by the automotive repair dealer or any automotive technician, employee, partner, officer, or member of the automotive repair dealer 17 18 (1) Making or authorizing in any manner or by any means whatever any statement written or oral which is untruc or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading 19 20 (4) Any other conduct that constitutes fraud 21 22 (6) Failure in any material respect to comply with the provisions of this 23 chapter or regulations adopted pursuant to it 24 (7) Any willful departure from or disregard of accepted trade standards 25 for good and workmanlike repair in any material respect, which is prejudicial to another without consent of the owner or his or her duly authorized representative 26 27 (c) Notwithstanding subdivision (b), the director may suspend, revoke or 28 place on probation the registration for all places of business operated in this state by an automotive repair dealer upon a finding that the automotive repair dealer has, or is, 4 Accusation engaged in a course of repeated and willful violations of this chapter, or regulations adopted pursuant to it N 14 Bus & Prof Code section 22, subdivision (a), states: W "Board" as used in any provision of this Code, refers to the board in which the administration of the provision is vested, and unless otherwise expressly A provided, shall include "bureau," "commission," "committee," "department," 'division," "examining committee," "program," and "agency." U 15 Bus & Prof Code section 477, subdivision (b), states, in pertinent part, that a "license" includes "registration" and "certificate." 16 Health & Saf Code section 44072.2 states, in pertinent part: 9 The director may suspend, revoke, or take other disciplinary action 10 against a license as provided in this article if the licensee, or any partner, officer, or director thereof, does any of the following: 11 (a) Violates any section of this chapter [ the Motor Vehicle Inspection 12 Program (Health and Saf Code $ 44000, et seq.)] and the regulations adopted pursuant to it, which related to the licensed activities 13 14 (c) Violates any of the regulations adopted by the director pursuant to this chapter 15 16 (d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured 17 17 Health & Saf Code section 44072.10 states, in pertinent part: 18 19 (c) The department shall revoke the license of any smog check technician 20 or station licensee who fraudulently certifics vehicles or participates in the fraudulent inspection of vehicles A fraudulent inspection includes, but is not limited to, all of the following: 21 (1) Clean piping, as defined by the department 22 23 18 California Code of Regulations, title 16, section 3340 states, in pertinent part, that 24 " [cllean piping' for the purposes of Health and Safety Code section 44072.10(c)(1), means the 25 use of a substitute exhaust emissions sample in place of the actual test vehicle's exhaust in order 26 to cause the EIS to issue a certificate of compliance for the test vehicle" 27 28 Accusation COST RECOVERY N 19 Bus & Prof Code section 125.3 provides, in pertinent part, that a Board may request w the administrative law judge to direct a licentiate found to have committed a violation or A violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation 5 and enforcement of the case 6 UNDERCOVER OPERATION #1: 1989 TOYOTA & 1994 HONDA 20 The Bureau received a consumer complaint, indicating that the consumer had paid Respondent Carrillo $300 for the issuance of a smog check certificate for their vehicle and that the vehicle was disassembled at the time it was allegedly smog tested The Automotive Center is 10 not a licensed smog check station and Carrillo is not a licensed smog check technician 11 21 On or about October 15, 2013, a representative of the Bureau, acting in an undercover 12 capacity ("operator"), took the Bureau's 1989 Toyota ("Toyota") to Carrillo's facility A 13 defective coolant temperature sensor had been installed in the Bureau-documented vehicle, 14 causing the "check engine" light to illuminate on the dashboard The operator met with Carrillo 15 and requested an oil change on the Toyota as well as a diagnosis of the check engine light 16 Carrillo told the operator that he would contact him once he determined what was causing the 17 check engine light to illuminate The operator left the facility 18 22 At approximately 1 134 hours that same day, Carrillo called the operator and told him 19 that the computer was not communicating with the vehicle, which was a common problem with 20 that model Toyota Carrillo told the operator that he would purchase a Zener Diode from Radio 21 Shack and that it would cost $120 to install it in the vehicle The operator authorized the work, 22 then asked Carrillo if he could have the Toyota "smogged" (smog tested) following the repair 23 Carrillo told the operator that he could smog the vehicle for an additional $49 and that the Toyota 24 would be ready the next day 25 23 On October 16, 2013, the operator called Carrillo to check on the status of the Toyota 26 Carrillo told the operator that the Toyota passed the smog inspection, but still was not operating 27 properly Carrillo stated that the Toyota ran rough when it was cold and that he wanted to check 28 the fuel filter to see if it was plugged 6 Accusation 24 Information from the Bureau's vehicle information database ("VID") showed that on N October 16, 2013, between 1202 and 1216 hours, Jose Rojas ("Jose"), a smog check technician w employed by Martin Rojas ("Martin"), the owner of Dinuba Smog, located at 1818 East El Monte Way, Suite C, in Dinuba, performed a smog inspection on the Toyota, on behalf of Martin, 5 resulting in the issuance of electronic smog Certificate of Compliance 25 On October 18, 2013, the operator returned to Carrillo's facility Carrillo told the operator that he went to the wrecking yard and located a used coolant temperature sensor and 8 coolant control box for the Toyota The operator asked Carrillo if he knew someone who could 9 smog a vehicle for him that was located out of state The operator explained that his son's Honda 10 was modified, that his son went to school in Nevada, and that the registration was expired 11 Carrillo told the operator that he could have the vehicle smogged for $350 12 26 On October 21, 2013, the operator went to the facility to pick up the Toyota and paid 13 Carrillo $414.49 in cash for the repairs Carrillo gave the operator copies of an estimate, invoice, 14 and vehicle inspection report The operator provided Carrillo with the registration renewal form 15 for the Bureau's 1994 Honda ("Honda") Carrillo told the operator that he would have the smog 16 check done in a couple of days The operator left the facility 17 27 On October 22, 2013, the Bureau inspected the Toyota using the invoice for 18 comparison The Bureau found that Carrillo installed a used coolant temperature sensor on the 19 vehicle that was in poor condition, failed to record the repair on the invoice, and performed 20 additional repairs that were not necessary on the vehicle 21 28 On October 23, 2013, the operator called Carrillo and asked him if the smog for the 22 Honda was ready Carrillo told the operator that "his guy" wanted the registration for the Honda 23 29 On October 24, 2013, the operator went to the facility and gave Carrillo the 24 registration as requested 25 30 On and between October 25 and October 29, 2013, the operator called Carrillo 26 several times to check on the status of the vehicle, but Carrillo did not answer the phone 27 31 The Bureau's VID data showed that on October 29, 2013, between 1350 and 1404 28 hours, Jose performed a smog inspection on the Honda, on behalf of Martin, resulting in the 7 Accusation issuance of electronic smog Certificate of Compliance The VID data also N showed that the vehicle information, including the odometer reading, engine size, etc., was W entered into the Emissions Inspection System ("EIS") by scanning the registration A 32 On October 30, 2013, the operator called Carrillo Carrillo told the operator that the U smog for the Honda was completed and that the price for the smog had increased to $400 6 Carrillo stated that "his smog guy" called a friend who had the same model Honda that he could use as a substitute to perform the test Carrillo told the operator that all of the necessary forms for the smog check had already been submitted electronically to the DMV The operator stated that 9 he would be arriving at the facility in approximately one hour Carrillo told the operator that he 10 had to attend a meeting, but would leave the documents with his employee, Rodrigo, and that the 11 operator could pay Rodrigo the $400 12 33 On October 31, 2013, the operator went to the facility and met with Rodrigo 13 Rodrigo gave the operator the registration and renewal notice for the Honda and a vehicle 14 inspection report The operator paid Rodrigo $400 in cash, then left the facility 15 FIRST CAUSE FOR DISCIPLINE 16 (Fraud) 17 34 Respondent Carrillo's registration is subject to disciplinary action pursuant to Bus & 18 Prof Code section 9884.7, subdivision (a)(4), in that Respondent committed acts constituting 19 fraud, as follows: Respondent Carrillo conspired with agents, employees, and/or representatives 20 of Dinuba Smog, including, but not limited to, Martin Rojas and Jose Rojas," to have a fraudulent 21 smog inspection performed on the Bureau's 1994 Honda using clean piping methods, resulting in 22 the issuance of a fraudulent electronic smog certificate of compliance for the vehicle 23 Consequently, a bona fide inspection was not conducted of the emission control devices and 24 systems on the vehicle, thereby depriving the People of the State of California of the protection 25 afforded by the Motor Vehicle Inspection Program 26 27 Martin Rojas, the owner of Dinuba Smog, and Jose Rojas have been charged in a separate Accusation with violations of the Automotive Repair Act and the Motor Vehicle 28 Inspection Program relating to the undercover operation 8 Accusation