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...
Trang 1BEFORE 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 79/15-3 OAH No 2014080625
Automotive Repair Dealer Reg No
Smog Check Repair Technician License No
EI 631488 (formerly Advanced Emission
Specialist Technician License No EA
Smog Check Repair Technician License No
EI 632778 (formerly Advanced Emission
Specialist Technician License No EA
632778)
Respondents
Trang 2DECISION
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 Johnson DOREATHEA JOHNSON
Deputy Director Division of Legal Affairs Department of Consumer Affairs
DECISION - OAH No 2014080625 - Page 2 of 2
Trang 3Deputy Attorney General
4 State Bar No 154990
PAUL SINGH PANNU, OWNER
2373 West Front Street
(formerly Advanced Emission Specialist
Technician License No EA 631488)
Trang 4Smog Check Inspector License No EO
632778
Smog Check Repair Technician License
N No EI 632778 (formerly Advanced Emission
Specialist Technician License No EA
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)
Trang 5California 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
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
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
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
Trang 610 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 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
below
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
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 79/15-3)
Trang 7stipulation 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 facsimile
U
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:
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
Trang 82 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
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 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 79/15-3)
Trang 9person 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
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
Trang 10will 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 be
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
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
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) |
Trang 11Respectfully submitted,Dated: 7/15/ 16
Trang 12Exhibit A
Accusation No 79/15-3
Trang 13Deputy Attorney General
State Bar No 154990
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
Smog Check Inspector License No EO 631488 and
24 Smog Check Repair Technician License No E1 631488
(formerly Advanced Emission Specialist Technician
Trang 14Smog Check Inspector License No EO 632778
Smog Check Repair Technician License
4 No EI 632778 (formerly Advanced Emission Specialist
Technician License No EA 632778)
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