1 (respondent lynwood smog center) and jad riad elsayed...

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BEFORE THE DIRECTOR DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTNE REPAIR STATE OF CALIFORNIA

In the Matter of the Accusation Against:

LYNWOOD SMOG CENTER; AREEN OMAR ALQOUT, Owner 11601 Long Beach Blvd. Lynwood, CA 90262 Automotive Repair Dealer Registration

No. ARD 263580 Smog Check, Test Only, Station License

No. TC 263580,

and

JAD RIAD ELSA YED 12744 Molette Ave. Norwalk, CA 90650 Advanced Emission Specialist Technician

License No. EA 633950

Respondent.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ____________________________ )

Case No. 79/14-34

DEFAULT DECISION AND ORDER

[Gov. Code, § 11520]

FINDINGS OF FACT

1. On or about November 22, 2013, Complainant Patrick Dorais, in his official

27 capacity as the Chief of the Bureau of Automotive Repair, Department of Consumer Affairs,

28 filed Accusation No. 79/14-34 against Lynnwood Smog Center; Areen Omar Alqout, Owner


1 (Respondent Lynwood Smog Center) and Jad Riad Elsayed (Respondent Elsayed)before the

2 Director of Consumer Affairs. (Accusation attached as Exhibit A.)

3 2. On or about November 10, 2013, the Bureau of Automotive Repair (Bureau) issued

4 Automotive Repair Dealer Registration No. ARD 263580 to Respondent Lynwood Smog Center.

5 The Automotive Repair Dealer Registration was in full force and effect at all times relevant to the

6 charges brought in Accusation No. 79/14-34 and expired on November 30, 2013. This lapse in

7 licensure, however, pursuant to Business and Professions Code section 118(b) does not deprive

8 the Director of her authority to institute or continue this disciplinary proceeding.

9 3. On or about May 31, 2012, the Bureau issued Smog CheckTest Only Station License

10 No. TC 263580 to Respondent Lynwood Smog Center. The Smog Check Test Only Station

11 License was in full force and effect at all times relevant to the charges brought in Accusation No.

12 79/14-34 and expired on November 30, 2013. This lapse in licensure, however, pursuant to

13 Business and Professions Code section 118(b) does not deprive the Director of her authority to

14 institute or continue this disciplinary proceeding.

15 4. On or about April3, 2013, the Bureau of Automotive Repair issued Automotive

16 Repair Dealer Registration Number ARD 272402 to Areen Omar Alqout, doing business as Long

17 Beach Smog Station. The Automotive Repair Dealer Registration was in full force and effect at

18 all times relevant to the charges brought herein and will expire on April30, 2014, unless renewed.

19 5. On or about April18, 2013, the Bureau of Automotive Repair issued Smog Check

20 Test Only Station License Number TC 272402 to Areen Omar Alqout, doing business as Long

21 Beach Smog Station. The Smog Check Test Only Station License was in full force and effect at


23 6. On or about January 13, 2012, the Bureau of Automotive Repair issued Advanced

24 Emission Specialist Technician License Number EA 633950 to Jad Riad Elsayed (Respondent

25 Elsayed). The Advanced Emission Specialist Technician License was in full force and effect at

26 all times relevant to the charges brought herein and expired on November 30,2013. If ever

27 renewed, the license will be redesignated as EO 633950 and/or EI 633950.

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1 7. On or about November 25,2013, Respondent Lynwood Smog Center was served by

2 Certified and First Class Mail copies of Accusation No. 79/14-34, Statement to Respondent,

3 Notice ofDefense, Request for Discovery, and Discovery Statutes (Government Code sections

4 11507.5, 11507.6, and 11507.7) at Respondent Lynwood Smog Center's address ofrecord which,

5 pursuant to Business and Professions Code section 136, is required to be reported and maintained

6 with the Bureau. Respondent Lynwood Smog Center's address of record was and is: 11601 Long

7 Beach Blvd. Lynwood, CA 90262.

8 8. On or about November25, 2013, Respondent Elsayed was served by Certified and

9 First Class Mail copies of the Accusation No. 79/14-34, Statement to Respondent, Notice of

10 Defense, Request for Discovery, and Discovery Statutes (Government Code sections 11507.5,

11 11507.6, and 11507.7) at Respondent Elsayed's address of record which, pursuant to Business

12 and Professions Code section 136, is required to be reported and maintained with the Bureau.

13 Respondent Elsayed's address of record was and is: 12744 Molette Ave., Norwalk, CA 90650.

14 9. Service of the Accusation was effective as a matter of law under the provisions of

15 Government Code section 11505, subdivision (c) and/or Business & Professions Code section

16 124.

17 10. Government Code section 11506 states, in pertinent part:

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(c) The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file a notice of defense shall constitute a waiver of respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing.

21 11. Respondents failed to file a Notice of Defense within 15 days after service upon them

22 of the Accusation, and therefore waived their right to a hearing on the merits of Accusation No.

23 79/14-34.

24 12. California Government Code section 11520 states, in pertinent part:

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(a) If the respondent either fails to file a notice of defense or to appear at the hearing, the agency may take action based upon the respondent's express admissions or upon other evidence and affidavits may be used as evidence without any notice to respondent.

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1 13. Pursuant to its authority under Government Code section 11520, the Director after

2 having reviewed the proof of service dated November 25,2013, signed by Lisa M. Robinson,

3 fmds Respondents are in default. The Director will take action without further hearing and, based

4 on Accusation No. 79/14-34, the proof of service and on the Affidavit of Bureau Representative

5 Mario Salas, fmds that the allegations in Accusation No. 79/14-34 are true.

6 14. The Director further fmds that the allegations in Accusation 79/14-34 constitute

7 repeated and willful violations of the laws and regulations pertaining to an automotive repair

8 dealer as contemplated by Business and Professions Code section 9884.7, subdivision (c).

9 DETERMINATION OF ISSUES

10 1. Based on the foregoing fmdings of fact, Respondent Lynwood Smog Center has

11 subjected her Automotive Repair Dealer Registration and Smog Check Test Only Station License

12 to discipline.

13 2. Based on the foregoing fmdings of fact, Respondent Elsayed has subjected his

14 Advanced Emission Specialist Technician License to discipline.

15 3. The agency has jurisdiction to adjudicate this case by default.

16 4. The Director of Consumer Affairs is authorized to revoke Respondent Lynwood

17 Smog Center's Automotive Repair Dealer Registration and Smog Check Test Only Station

18 license as well as Respondent Elsayed's Advanced Emission Specialist Technician license based

19 upon the following violations alleged in the Accusation which are supported by the evidence

20 contained in the affidavit ofBureau Representative Mario Salas in this case:

21 Respondent Lynwood Smog Center

22 a. Business and Professions Code section 9884.7, subdivision (a)(1) (Misleading

23 Statements.)

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b.

c.

d.

Business and Professions Code section 9884.7, subdivision (a)(4) (Fraud.)

Health and Safety Code section 44072.2, subdivision (a) (Violations ofthe Motor

Vehicle Inspection Program.)

Health and Safety Code section 44072.2, subdivision (c) (Violations ofRegulations

Pursuant to the Motor Vehicle Inspection Program.)

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e. Health and Safety Code section 44072.2, subdivision (d) (Dishonesty, Fraud or

Deceit.)

Respondent Jad Riad Elsayed

a. Health and Safety Code section 44072.2, subdivision (a) (Violations ofthe Motor

5 Vehicle Inspection Program.)

6 b. Health and Safety Code section 44072.2, subdivision (c) (Violations ofRegulations

7 Pursuant to the Motor Vehicle Inspection Program.)

8 c. Health and Safety Code section 44072.2, subdivision (d) (Dishonesty, Fraud or

9 Deceit.)

10 ORDER

11 IT IS SO ORDERED that Automotive Repair Dealer Registration No. ARD 263580, Smog

12 Check Test Only Station License No. TC 263580, and Advanced Emission Specialist Technician

13 License No. EA 633950 are revoked.

14 IT IS FURTHER ORDERED that Automotive Dealer Registration No. ARD 272402 and

15 Smog Check Test Only Station License No. TC 272402 are revoked pursuant to Business and

16 Professions Code section 9884.7, subdivision (c) and Health and Safety Code section 44072.8

17 respectively.

18 Pursuant to Government Code section 11520, subdivision (c), Respondents may serve a

19 written motion requesting that the Decision be vacated and stating the grounds relied on within

20 seven (7) days after service of the Decision on Respondent. The motion should be sent to the

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1 Bureau of Automotive Repair, ATTN: William D. Thomas, 10949 North Mather Blvd., Rancho

2 Cordova, CA 95670. The agency in its discretion may vacate the Decision and grant a hearing

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on a showing of good cause, as defined in the statute.

This Decision shall become effective on ffl>rUf)J'~ J-R1

d.O It/ . . ft'*B n 7 '7l'1,~ It IS so ORDERED c. u LV ••

Department of Consumer Affairs

11 51414254.DOC DOJ Matter ID:LA20 13510083

12 Attachment:

13 Exhibit A: Accusation

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Exhibit A Accusation

1 KAMALA D. HARRIS Attorney General of California

2 KAREN B. CHAPPELLE Supervising Deputy Attomey General.

3 THOMAS L. RINALDI Deputy Attorney General

4 State Bar No. 206911 300 So. Spring Street, Suite 1702

5 Los Angeles, CA 90013 Telephone: (213) 897-2541

6 Facsimile: (213) 897-2804 Attorneys for Complainant

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BEFORE THE

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DEPARTMENT OF CONSUMER AFFAIRS FOR THE BUREAU OF AUTOMOTIVE REPAIR

STATE OF CALIFORNIA

In the Matter of the Accusation Against:

LYNWOOD SMOG CENTER; AREEN OMAR ALQOUT, Owner 11601 Long Beach Blvd. Lynwood, CA 90262

Automotive Repair Dealer Registration No. ARD 263580 Smog Check Test Only Station License No. TC 263580,

and

JAD RIAD ELSAYED 12744 Molette Ave. Norwalk, CA 90650

Advanced Emission Specialist Technician License No. EA 633950 (to be redesignated upon renewal as EO 633950 and/or EI 633950)

Respondent.

Complainant alleges:

Case No. 79/14-34

ACCUSATION

PARTIES 25

26 1. Patrick Dorais (Complainant) brings this Accusation solely in his official capacity as

27 the Chief of the Bureau of Automotive Repair, Department of Consumer Affairs.

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1 Accusation

2. On or about November 1, 2010, the Bureau of Automotive Repair issued Automotive

2 Repair Dealer Registration Number ARD 263580 to Lynwood Smog Center; Areen Omar Alqout,

3 Owner (Respondent Lynwood Smog Center). The Automotive Repair Dealer Registration was in

4 full force and effect at all times relevant to the charges brought herein and will expire on

5 November 30, 2013, unless renewed.

6 3. On or about May 31, 2012, the Bureau of Automotive Repair issued Smog Check

7 Test Only Station License Number TC 263580 to Respondent Lynwood Smog Center. The Smog

8 Check Test Only Station License was in full force and effect at all times relevant to the charges

9 brought herein and will expire on November 30, 2013, unless renewed.

10 4. On or about April3, 2013, the Bureau of Automotive Repair issued Automotive

11 Repair Dealer Registration Number ARD 272402 to Areen Omar Alqout, doing business as Long

12 Beach Smog Station. The Automotive Repair Dealer Registration was in full force and effect at


14 5. On or about April18, 2013, the Bureau of Automotive Repair issued Smog Check

15 Test Only Station License Number TC 272402 to Areen Omar Alqout, doing business as Long

16 Beach Smog Station. The Smog Check Test Only Station License was in fiJll force and effect at

I 7 all times relevant to the charges brought herein and will expire on April 30, 2014, unless renewed.

18 6. On or about January 13, 2012, the Bureau of Automotive Repair issued Advanced

19 Emission Specialist Technician License Number EA 633950 to Jad Riad Elsayed (Respondent

20 Elsayed). The Advanced Emission Specialist Technician License was in full force and effect at

21 all times relevant to the charges brought herein and will expire on November 30, 2013, unless

22 renewed. Upon renewal of the license, the license will be redesignated as EO 633950 and/or EI

23 633950. I

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1 Effective August 1, 2012, California Code ofRegulations, title 16, sections 3340.28, 3340.29, and 3340.30 were amended to implement a license restructure fi·om the Advanced Emission Specialist Technician (EA) license and Basic Area (EB) Technician license to Smog Check Inspector (EO) license and/or Smog Check Repair Technician (EI) license.

2 Accusation

JURISDICTION

2 7. This Accusation is brought before the Director of Consumer Affairs (Director) for the

3 Bureau of Automotive Repair, under the authority of the following laws.

4 STATUTORY PROVISIONS

5 8. Section 9884.7 of the Business and Professions Code (Code) states, in pertinent part:

6 (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

7 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

8 by the automotive repair dealer or any automotive technician, employee, partner, officer, or member of the automotive repair dealer.

9 (1) Making or authorizing in any manner or by any means whatever any

10 statement written or oral which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading.

11 (4) Any other conduct that constitutes fraud.

12 (b) Except as provided for in subdivision (c), if an automotive repair

13 dealer operates more than one place ofbusiness in this state, the director pursuant to subdivision (a) shall only suspend, revoke, or place on probation the registration of

14 the specific place of business which has violated any ofthe provisions of this chapter. This violation, or action by the director, shall not affect in any manner the right of the

15 automotive repair dealer to operate his or her other places of business.

16 (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

17 an automotive repair dealer upon a finding that the automotive repair dealer has, or is, engaged in a course of repeated and willful violations of this chapter, or regulations

18 adopted pursuant to it.

19 9. Code section 9884.13 provides, in pertinent part, that the expiration of a valid

20 registration shall not deprive the director or chief of jurisdiction to proceed with a disciplinary

21 proceeding against an automotive repair dealer or to render a decision invalidating a registration

22 temporarily or permanently.

23 10. Code section 4 77 provides, in pertinent part, that "Board" includes "bureau,"

24 "conm1ission," "connnittee," "department," "division," "examining cmmnittee," "program," and

25 "agency." "License" includes certificate, registration or other means to engage in a business or

26 profession regulated by the Code.

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3 Accusation

11. Section 44002 of the Health and Safety Code provides, in pertinent part, that the

2 Director has all the powers and authority granted m1der the Automotive Repair Act for enforcing

3 the Motor Vehicle Inspection Program.

4 12. Section 44072.2 of the Health and Safety Code states, in pertinent pati:

5 The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee, or any partner, officer, or

6 director thereof, does any of the following:

7 (a) Violates any section of this chapter [the Motor Vehicle Inspection Program (Health and Saf Code,§ 44000, et seq.)] and the regulations adopted

8 pursuant to it, which related to the licensed activities.

9 (c) Violates any of the regulations adopted by the director pursuant to this chapter.

10 (d) Commits any act involving dishonesty, fraud, or deceit whereby

11 another is injured.

12 13. Section 44072.6 of the Health and Safety Code provides, in pe1iinent part, that the

13 expiration or suspension of a license by operation of law, or by order or decision of the Director

14 of Consumer Affairs, or a court of law, or the voluntary surrender of the license shall not deprive

15 the Director of jurisdiction to proceed with disciplinary action.

16 14. Section 44072.8 of the Health and Safety Code states:

17 When a license has been revoked or suspended following a hearing under this miicle, any additional license issued under this chapter in the name of the

18 licensee may be likewise revoked or suspended by the director.

19 15. California Code ofRegulations, title 16, section 3340.28, subdivision (e), states that

20 "[ u ]pon renewal of an unexpired Basic Area Technician license or an Advanced Emission

21 Specialist Technician license issued prior to the effective date of this regulation, the licensee may

22 apply to renew as a Smog Check Inspector, Smog Check Repair Technician, or both.

23 COST RECOVERY

24 16. Code section 125.3 provides, in pe1iinent part, that a Board may request the

25 administrative law judge to direct a licentiate found to have conm1itted a violation or violations of

26 the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

27 enforcement of the case.

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4 Accusation

SURVEILLANCE OPERATIONS

2 17. On or around May 9, and again on May 17, 2013 Respondent Lynwood Smog Center

3 through the actions of Respondent Elsayed and an unlicensed third party performed ten ( 1 0) smog

4 inspections that resulted in the issuance of electronic ce1iificates of compliance for the vehicles

5 set forth in Tables 1 and 2, below, certifying that Respondents Lynwood Smog Center and

6 Elsayed had tested and inspected those vehicles and that the vehicles were in compliance with

7 applicable laws and regulations.

8 Table 1 (May 9, 2013)

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Test Times

1256-1310

Test Times

1510-1521

1525-1535

1539-1549

1556-1603

1609-1619

1624-1643

1652-1701

1711-1716

Vehicle in EIS Data Vehicle Tested (License Plate #) (License Plate #)

1983 Chevrolet C10 1994 Ford E350 Pickup (7A65737) (6GMD150)

Table 2 (May 17, 2013)

Vehicle in EIS Data Vehicle Tested (License Plate #) (License Plate #)

1997 Ford F150 Pickup 1999 Ford Explorer (7T13329) (No visible license plate)

1999 Ford Mustang 1999 Ford Explorer

(4EYL552) (No visible license plate)

1996 Ford F250 Pickup 1999 Ford Explorer (7W34964) (No visible license plate)

2001 Chevrolet Camaro 1999 Ford Explorer

(4RZP891) (No visible license plate)

1998 Chevrolet Astro 1999 Ford Explorer Van (No visible license plate) (4ZRK732)

2000 Chevrolet Impala 1999 Ford Explorer

(4LEF524) (No visible license plate)

2001 Dodge Ram 1500 1999 Ford Explorer Pickup (No visible license plate) (7R68394)

2004 Volkswagen Passat 1999 Ford Explorer

(5KFP109) (No visible license plate)

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Certificate Issued

XT707448C

Certificate Issued XT891230C

XT891231C

XT891232C

XT891233C

XT891234C

XT891235C

XT891236C

XT891237C

Accusation

1721-1733 2001 Infinity 130 1999 Ford Explorer XT891238C

(4SWZ577) (No visible license plate)

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3 18. In fact, Respondents performed the smog inspections using the clean piping method

4 by utilizing the tail pipe emissions of vehicles other than the vehicles being certified in order to

5 issue the electronic certificates of compliance. The vehicles certified were not in the test bay at

6 the time ofthe smog inspections.

7 FIRST CAUSE FOR DISCIPLINE

8 (Misleading Statements)

9 19. Respondent Lynwood Smog Center has subjected her registration to discipline under

10 Code section 9884.7, subdivision (a)(l), in that on or about May 9 and 17, 2013, she made

11 statements which she knew or which by exercise of reasonable care she should have known were

12 untme or misleading when she issued electronic certificates of compliance for the vehicles set

13 forth in Tables 1 and 2, above, certifying that those vehicles were in compliance with applicable

14 laws and regulations when, in fact, the vehicles had been clean pipe~i.

15 SECOND CAUSE FOR DISCIPLINE

16 (Fraud)

17 20. Respondent Lynwood Smog Center has subjected her registration to discipline under

18 Code section 9884.7, subdivision (a)(4), in that on or about May 9 and 17, 2013, she committed

19 acts which constitute fraud by issuing electronic certificates of compliance for the vehicles set

20 forth in Tables 1land 2, above, without performing bona fide inspections ofthe emission control

21 devices and systems on those vehicles, thereby depriving the People of the State of California of

22 the protection afforded by the Motor Vehicle Inspection Pro gram.

23 THIRD CAUSE FOR DISCIPLINE

24 (Violation of the Motor Vehicle Inspection Program)

25 21. Respondent Lynwood Smog Center has subjected her station license to discipline

26 under Health and Safety Code section 44072.2, subdivision (a), in that on or about May 9 and 17,

27 2013, regarding the vehicles set forth in Tables 1 and 2, above, she violated sections of that Code,

28 as follows:

6 Accusation

a. Section 44012, subdivision (a): Respondent Lynwood Smog Center failed to

2 determine that all emission control devices and systems required by law were installed and

3 functioning correctly in accordance with test procedures.

4 b. Section 44012, subdivision (f): Respondent Lynwood Smog Center failed to

5 perform emission control tests on those vehicles in accordance with procedures prescribed by the

6 department.

7 c. Section 44015, subdivision (b): Respondent Lynwood Smog Center issued

8 electronic certificates of compliance without properly testing and inspecting the vehicles to

9 deten11ine if they were in compliance with section 44012 of that Code.

10 d. Section 44059: Respondent Lynwood Smog Center willfully made false entries for

11 the electronic certificates of compliance by certifying that those vehicles had been inspected as

12 required when, in fact, they had not.

13 FOURTH CAUSE FOR DISCIPLINE

14 (Violations of Regulations Pursuant to the Motor Vehicle Inspection Program)

15 22. Respondent Lynwood Smog Center has subjected her station license to discipline

16 under Health and Safety Code section 44072.2, subdivision (c), in that on or about May 9 and 17,

17 2013, regarding the vehicles set forth in Tables 1 and 2, above, she violated sections ofthe

18 California Code ofRegulations, title 16, as follows:

19 a. Section 3340.24, subdivision (c): Respondent Lynwood Smog Center falsely or

20 fraudulently issued electronic certificates of compliance without performing bona fide inspections

21 of the emission control devices and systems on those vehicles as required by Health and Safety

22 Code section 44012.

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b. Section 3340.35, subdivision (c): Respondent Lynwood Smog Center issued

electronic certificates of compliance even though those vehicles had not been inspected in

accordance with section 3340.42 of that Code.

c. Section 3340.42: Respondent Lynwood Smog Center failed to conduct the required

smog tests and inspections on those vehicles in accordance with the Bureau's specifications.

7 Accusation

1 FIFTH CAUSE FOR DISCIPLINE

2 (Dishonesty, Fraud or Deceit)

3 23. Respondent Lynwood Smog Center subjected her station license to discipline under

4 Health and Safety Code section 44072.2, subdivision (d), in that on or about May 9 and 17, 2013,

5 regarding the vehicles set forth in Tables 1 and 2, above, she committed acts involving

6 dishonesty, fraud or deceit whereby another was injured by issuing electronic certificates of

7 compliance for those vehicles without performing bona fide inspections of the emission control

8 devices and systems on those vehicles, thereby depriving the People of the State of California of

9 the protection afforded by the Motor Vehicle Inspection Program.

10 SIXTH CAUSE FOR DISCIPLINE

11 (Violations of the Motor Vehicle Inspection Program)

12 24. Respondent Elsayed has subjected his technician license(s) to discipline under Health

13 and Safety Code section 44072.2, subdivision (a), in that on or about May 9 and 17, 2013,

14 regarding the vehicles set forth in Tables 1 and 2, he violated sections of that Code, as follows:

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a. Section 44012, subdivision (a): Respondent Elsayed failed to determine that all

emission control devices and systems required by law were installed and functioning correctly in

accordance with test procedures.

b. Section 44012, subdivision (f): Respondent Elsayed failed to perform emission

control tests on those vehicles in accordance with procedures prescribed by the department.

c. Section 44032: Respondent Elsayed failed to perform tests of the emission control

devices and systems on those vehicles in accordance with section 440 12 of that Code, in that

those vehicles had been clean piped.

d. Section 44059: Respondent Elsayed willfully made false entries for the electronic

certificates of compliance by certifying that those vehicles had been inspected as required when,

in fact, they had not.

8 Accusation

1 SEVENTH CAUSE FOR DISCIPLINE

2 (Violations of Regulations Pursuant to the Motor Vehicle Inspection Program)


4 and Safety Code section 44072.2, subdivision (c), in that on or about May 9 and 17, 2013,

5 regarding the vehicles set forth in Tables 1 and 2, he violated sections of the California Code of

6 Regulations, title 16, as follows:

7 a. Section 3340.24, subdivision (c): Respondent Elsayed falsely or fraudulently issued

8 electronic certificates of compliance without performing bona fide inspections of the emission

9 control devices and systems on those vehicles as required by Health and Safety Code section

10 44012.

11 b. Section 3340.30, subdivision (a): Respondent Elsayed failed to inspect and test

12 those vehicles in accordance with Health and Safety Code section 44012.

13 c. Section 3340.41, subdivision (c): Respondent Elsayed entered false information into

14 the Emission Inspection System ("EIS") for the electronic certificates of compliance by entering

15 vehicle emission control information for vehicles other than the vehicles being certified.

16 d. Section 3340.42: Respondent Elsayed failed to conduct the required smog tests and

17 inspections on those vehicles in accordance with the Bureau's specifications.

18 EIGHTH CAUSE FOR DISCIPLINE

19 (Dishonesty, Fraud or Deceit)


21 and Safety Code section 44072.2, subdivision (d), in that on or about May 9 and 17,2013, he

22 conm1itted acts involving dishonesty, fi·aud or deceit whereby another was injured by issuing

23 electronic certificates of compliance for the vehicles set forth in Tables 1 and 2, above, without

24 performing bona fide inspections ofthe emission control devices and systems on those vehicles,

25 thereby depriving the People ofthe State of California ofthe protection afforded by the Motor

26 Vehicle Inspection Program.

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9 Accusation

OTHER MATTERS

2 27. Under Code section 9884.7, subdivision (c), the director may invalidate temporarily

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or pennanently or refuse to validate, the registrations for all places of business operated in this

state by Areen Omar Alqout, including, but not limited to Long Beach Smog Station (ARD

272402) upon a finding that she has, or is, engaged in a course of repeated and willful violations

of the laws and regulations pertaining to an automotive repair dealer.

28. Under Health and Safety Code section44072.8, if Station License Number TC

263580, issued to Areen Omar Alqout is revoked or suspended, any additional license issued

under this chapter in the name of said licensee, including, but not limited to Long Beach Smog

Station (TC 272402) may be likewise revoked or suspended by the director.

29. Under Health and Safety Code section 44072.8, if Respondent Elsayed's Advanced

Emission Specialist Teclmician License Number EA 633950 (to be redesignated upon renewal as

EO 633950 and/or EI 633950) is revoked or suspended, any additional license issued under this

chapter in the name of said licensee may be likewise revoked or suspended by the director.

PRAYER

WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

and that following the hearing, the Director of Consumer Affairs issue a decision:

1. Revoking or suspending Automotive Repair Dealer Registration Number ARD

263580, issued to Lynwood Smog Center; Areen Omar Alqout, Owner;

2. Revoking or suspending Automotive Repair Dealer Registration Number ARD

272402, issued to Areen Omar Alqout, doing business as Long Beach Smog Station;

3. Revoking or suspending any other automotive repair dealer registration issued in the

23 name of Areen Omar Alqout;

24 4. Revoking or suspending Smog Check Test Only Station License Number TC 263580,

25 issued to Lynwood Smog Center; Areen Omar Alqout, Owner;

26 5. Revoking or suspending Smog Check Test Only Station License Number TC 272402,

27 issued to Areen Omar Alqout, doing business as Long Beach Smog Station;

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10 Accusation

6. Revoking or suspending any additional license issued under this chapter in the name

2 of Areen Omar Alqout;

3 7. Revoking or suspending Advanced Emission Specialist Technician License Number

4 EA 633950 (to be redesignated upon renewal as EO 633950 and/or EI 633950), issued to Jad

5 Riad Elsayed;

6 8. Revoking or suspending any additional license issued under this chapter in the name

7 of Jad Riad Elsayed;

8 9. Ordering Areen Omar Alqout and Jad Riad Elsayed to pay the Bureau of Automotive

9 Repair the reasonable costs of the investigation and enforcement of this case, pursuant to

10 Business and Professions Code section 125.3; and

11 10. Taking such other and further action as deemed necessary and proper.

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DATED: Jl/oV€h/hsf' ;2..'2.j 2.0 },3 . Chief Bureau of Automotive Repair Department of Consumer Affairs State of California Complainant

11 Accusation

1 (respondent lynwood smog center) and jad riad elsayed...

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