attorneys for complainant 11 - bar.ca.gov · case no. 79/17-3136 ... 11 valenzuela, owner ... smog...

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XAVIER BECERRA Attorney General of California ARMANDO ZAMBRANO Supervising Deputy Attorney General CHRISTINE J. LEE Deputy Attorney General State Bar No. 282502

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2539 Facsimile: (213) 897-2804

Attorneys for Complainant

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

In the Matter of the Accusation Against: K & D AUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER 5900 E. Olympic Blvd. Los Angeles, CA 90022

Automotive Repair Dealer Registration No. ARD 266934 Smog Check Station License No. RC 266934

and

DANIEL ALBERTO RODRIGUEZ 8120 Walnut Dr. Los Angeles, CA 90001

Smog Check Inspector, No. EO 638659

and

HUSKY SMOG CHECK, DANIEL ALBERTO GONZALEZ, OWNER 1500 West Pacific Coast HWY Long Beach, CA 90810

Automotive Repair Dealer Registration No. ARD282101 Smo!! Check Station License No. TC 282101

Case No. 79/17-3136

ACCUSATION

1 ( K & D AUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO

RODRIGUEZ) ACCUSATION

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Respondents.

4 Complainant alleges:

5 PARTIES

6 l. Patrick Dorais (Complainant) brings this Accusation solely in his official capacity as

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

8 Respondent K & D Repair & Smog; Laura Karina Valenzuela

9 2. On or about October 24, 2011, the Bureau of Automotive Repair issued Automotive

10 Repair Dealer Registration Number ARD 266934 to K & D Auto Repair & Smog, Laura Karina

11 Valenzuela, Owner (Respondent K & D Auto Repair & Smog). The Automotive Repair Dealer

12 Registration was in full force and effect at all times relevant to the charges brought herein and

13 will expire on October 31, 2017, unless renewed.

14 3. On or about September 21, 2015, the Bureau of Automotive Repair issued Smog

15 Check Station License Number RC 266934 to K & D Auto Repair & Smog, Laura Karina

16 Valenzuela, Owner (Respondent K & D Auto Repair & Smog). The Smog Check Station License

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

18 October 31, 2017, unless renewed.

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4. On or about February 17, 2016, the Bureau of Automotive Repair issued STAR

Station Certification Number 266934 to K & D Auto Repair & Smog, Laura Karina Valenzuela,

Owner (Respondent K & D Auto Repair & Smog). The STAR Station Certification will remain

active unless the Automotive Repair Dealer registration and/or Smog Check Station License is

revoked, canceled, or licenses become delinquent or certification is invalidated. 1

Ill

Ill

1 On or about December 2, 2016, Complainant issued Respondent K &D Auto Repair & Smog Citation C2016-2235 with a Notice of Abatement for issuing a certificate of compliance on July 6, 2016 using the BAR97 when an OBD Inspection System was required. The decision became effective January 31, 2017.

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( K& DAUTO REPAIR & SMOG. LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO RODRIGUEZ) ACCUSATION

1 Respondent Daniel Alberto Rodriguez

2 5. On or about October 12, 2015, the Bureau of Automotive Repair issued Smog Check

3 Inspector License EO 638659 to Daniel Alberto Rodriguez (Respondent Rodriguez). The Smog

4 Check Inspector was in full force and effect at all times relevant to the charges brought herein and

5 will expires on February 28, 2018, unless renewed. 2

6 .JURISDICTION

7 6. This Accusation is brought before the Director of the Department of Consumer

8 Affairs (Director) for the Bureau of Automotive Repair, under the authority of the following laws.

9 All references are to the Business and Professions Code (Code) unless otherwise stated.

10 7. Section 118, subdivision (b), of the Code provides that suspension, expiration,

11 surrender, or cancellation of a license shall not deprive the Director of jurisdiction to proceed

12 with a disciplinary action during the period within which the license may be renewed, restored,

13 reissued or reinstated.

14 STATUTORY PROVISIONS

15 8. Section 9884.7 of the Code states, in pertinent part:

16 (a) The director, where the automotive repair dealer cannot show there was a bona fide

17 error, may deny, suspend, revoke, or place on probation the registration of an automotive repair

18 dealer for any of the following acts or omissions related to the conduct of the business of the

19 automotive repair dealer, which are done by the automotive repair dealer or any automotive

20 technician, employee, partner, officer, or member of the automotive repair dealer.

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2 On or about November 24, 2015, the Bureau of Automotive Repair issued Automotive Repair Dealer Registration Number ARD 282101 to Husky Smog Check, Daniel Alberto Gonzales, Owner. The Automotive Repair Dealer Registration was in full force and effect at all times relevant to the charges brought herein and expired on November 30, 2016. It is now delinquent.

On or about November 24, 2015, the Bureau of Automotive Repair issued Smog Check Test Only Station License No. TC 282101 to Husky Smog Check, Daniel Alberto Gonzales, Owner. The Smog Check Test Only Station License was in full force and effect at all times relevant to the charges brought herein and expired on November 30, 2016. It is now delinquent.

3 ( K & DAUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO


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

2 or oral which is untrue or misleading, and which is known, or which by the exercise of reasonable

3 care should be known, to be untrue or misleading.

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5 (4) Any other conduct that constitutes fraud.

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7 (6) Failure in any material respect to comply with the provisions of this chapter [the

8 Automotive Repair Act (Bus. & Prof. Code, § 9880, et seq.)] or regulations adopted pursuant to

9 it.

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11 (b) Except as provided for in subdivision (c), if an automotive repair dealer operates more

12 than one place of business in this state, the director pursuant to subdivision (a) shall only suspend,

13 revoke, or place on probation the registration of the specific place of business which has violated

14 any of the provisions of this chapter. This violation, or action by the director, shall not affect in

15 any manner the right of the 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

17 probation the registration for all places of business operated in this state by an automotive repair

18 dealer upon a finding that the automotive repair dealer has, or is, engaged in a course of repeated

19 and willful violations of this chapter, or regulations adopted pursuant to it.

20 9. Section 9884.13 of the Code provides, in pertinent part, that the expiration of a valid

21 registration shall not deprive the Director of jurisdiction to proceed with a disciplinary proceeding

22 against an automotive repair dealer or to render a decision invalidating a registration temporarily

23 or permanently.

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

25 Director has all the powers and authority granted under the Automotive Repair Act for enforcing

26 the Motor Vehicle Inspection Program.

27 11. Section 44072.2 of the Health and Safety Code states, in pertinent part:

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1 The director may suspend, revoke, or take other disciplinary action against a license

2 as provided in this article if the licensee, or any partner, officer, or director thereof, does any of

3 the following:

4 (a) Violates any section of this chapter [the Motor Vehicle Inspection Program (Health and

5 Saf. Code, § 44000, et seq.)] and the regulations adopted pursuant to it, which related to the

6 licensed activities.

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

8 (d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured.

9 12. Section 44072.6 of the Health and Safety Code provides, in pertinent part, that the

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

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

12 the Director of jurisdiction to proceed with disciplinary action.

13 13. Section 44072.8 of the Health and Safety Code states:

14 "When a license has been revoked or suspended following a hearing under this

15 article, any additional license issued under this chapter in the name of the licensee may be

16 likewise revoked or suspended by the director."

17 14. Section 44072.10(c)(1)(4) of the Health and Safety Code states:

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The department shall revoke the license of any smog check technician or station licensee

who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A

fraudulent inspection includes, but is not limited to, all of the following:

(1) Clean piping, as defined by the department.

(2) Tampering with a vehicle emission control system or test analyzer system.

(3) Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.

( 4) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.

Ill

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( K & D AUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO RODRIGUEZ) ACCUSATION

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REGULATORY PROVISIONS

15. California Code of Regulations, title 16, section 3340.24(c), states:

The bureau may suspend or revoke the license of or pursue other legal action against a 4 licensee, if the licensee falsely or fraudulently issues or obtains a certificate of compliance or a

certificate of noncompliance. 5

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16. California Code of Regulations, title 16, section 3340.30(a) states:

A licensed smog check inspector and/or repair technician shall comply with the following requirements at all times while licensed:

(a) Inspect, test and repair vehicles, as applicable, in accordance with section 44012 of the Health and Safety Code, section 44035 of the Health and Safety Code, and section 3340.42 of this article.

17. California Code of Regulations, title 16, section 3340.45, states:

"(a) All Smog Check inspections shall be performed in accordance with requirements and

procedures prescribed in the following:

(1) Smog Check Inspection Procedures Manual, dated August 2009, which is hereby

incorporated by reference. This manual shall be in effect until subparagraph (2) is implemented.

(2) Smog Check Manual, dated 2013, which is hereby incorporated by reference. This

manual shall become effective on or after January I, 2013."

18. California Code of Regulations, title 16, section 3340.42, states:

Smog check inspection methods are prescribed in the Smog Check Manual, referenced by section 3340.45. (a) All vehicles subject to a smog check inspection, shall receive one of the following test methods: (1) A loaded-mode test shall be the test method used to inspect 1976- 1999 model-year vehicle, except diesel-powered, registered in the enhanced program areas of the state. The loaded-mode test shall measure hydrocarbon, carbon monoxide, carbon dioxide and oxides of nitrogen emissions, as contained in the bureau's specifications referenced in subsection (a) of Section 3340.17 of this article. The loaded-mode test shall use Acceleration Simulation Mode (ASM) test equipment, including a chassis dynamometer, certified by the bureau.

On and after March 31, 2010, exhaust emissions from a vehicle subject to this inspection shall be measured and compared to the emissions standards shown in the Vehicle Look-up Table (VLT) Row Specific Emissions Standards (Cutpoints) Table, dated March 2010, which is hereby incorporated by reference. If the emissions standards for a specific vehicle are not included in this table then the exhaust emissions shall be compared to the



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emissions standards set forth in TABLE I or TABLE II, as applicable. A vehicle passes the loaded-mode test if all of its measured emissions are less than or equal to the applicable emission standards specified in the applicable table.

(2) A two-speed idle mode test shall be the test method used to inspect 1976 - 1999 model-year vehicles, except diesel-powered, registered in all program areas of the state, except in those areas of the state where the enhanced program has been implemented. The two-speed idle mode test shall measure hydrocarbon, carbon monoxide and carbon dioxide emissions at high RPM and again at idle RPM, as contained in the bureau's specifications referenced in subsection (a) of Section 3340.17 of this article. Exhaust emissions from a vehicle subject to this inspection shall be measured and compared to the emission standards set forth in this section and as shown in Table III. A vehicle passes the two-speed idle mode test if all of its measured emissions are less than or equal to the applicable emissions standards specified in Table Ill.

(3) An OBD-focused test, shall be the test method used to inspect gasoline-powered vehicles 2000 model-year and newer, and diesel-powered vehicles 1998 model-year and newer. The OBD test failure criteria are specified in section 3340.42.2. (b) In addition to subsection (a), all vehicles subject to the smog check program shall receive the following: (1) A visual inspection of emission control components and systems to verify the vehicle's emission control systems are properly installed. (2) A functional inspection of emission control systems as specified in the Smog Check Manual, referenced by section 3340.45, which may include an OBD test, to verify their proper operation. (c) The bureau may require any combination of the inspection methods in sections (a) and (b) under any of the following circumstances: (1) Vehicles that the department randomly selects pursuant to Health and Safety Code section 44014.7 as a means of identifying potential operational problems with vehicle OBD systems. (2) Vehicles identified by the bureau as being operationally or physically incompatible with inspection equipment. (3) Vehicles with OBD systems that have demonstrated operational problems. (d) Pursuant to section 39032.5 of the Health and Safety Code, gross polluter standards are as follows: (1) A gross polluter means a vehicle with excess hydrocarbon, carbon monoxide, or oxides of nitrogen emissions pursuant to the gross polluter emissions standards included in the tables described in subsection (a), as applicable. (2) Vehicles with emission levels exceeding the emission standards for gross polluters during an initial inspection will be considered gross polluters and the provisions pertaining to gross polluting vehicles will apply, including, but not limited to, sections 44014.5, 44015, and 44081 of the Health and Safety Code. (3) A gross polluting vehicle shall not be passed or issued a certificate of compliance until the vehicle's emissions are reduced to or below the applicable emissions standards for the vehicle included in the tables described in subsection (a), as applicable. However, the provisions described in section 44017 of the Health and Safety Code may apply. (4) This subsection applies in all program areas statewide to vehicles requiring inspection pursuant to sections 44005 and 44011 of the Health and Safety Code.



1 COST RECOVERY

2 19. Section 125.3 of the Code provides, in pertinent part, that a Board may request the

3 administrative law judge to direct a licentiate found to have committed a violation or violations of

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

5 enforcement of the case.

6 FACTUAL BACKGROUND

7 20. The Bureau conducted a review of the Vehicle Information Database ("VID") from

8 Respondent K & D Auto Repair & Smog's facility. A Bureau representative reviewed the VID

9 information for the period from February 20, 2017 to February 23, 2017 and determined (10) ten

10 fraudulent inspections were performed by employee Respondent Rodriguez. In reviewing the On-

11 Board Diagnostic Inspection System (OIS) Test Data of similar vehicles of the same year, make,

12 and model, the data comparison showed multiple discrepancies with incorrect vehicle

13 communication protocols and incorrect PID counts resulting in the issuance of at least (10) ten

14 fraudulent certificates of compliance.

15 New Technology for Smog Inspections

16 21. Beginning March 9, 2015, California's Smog Check Program was updated to keep

17 pace with the ever advancing vehicle technology. The program update requires use of an On

18 Board Diagnostic Inspection System known as the BAR-OIS. BAR-OIS is the Smog Check

19 equipment required in all areas of the State when inspecting most model-year 2000 and newer

20 gasoline and hybrid vehicles and most 1998 and newer diesel vehicles. The system consists of a

21 Data Acquisition Device (DAD), and other equipment meeting compatibility requirements with

22 the BAR-OIS software. The BAR-OIS uses the California BAR OIS to communicate with BAR's

23 central database through the internet. The DAD is the only BAR-certified component of the BAR-

24 OIS. The DAD connects between the BAR-OIS computer and the vehicle's Diagnostic Link

25 Connector (DLC). The DAD is an OBD II scan tool that when retrieves OBDII data from the

26 vehicle.

27 22. The OBD II communication protocol describes the specified communication

28 "language" used by the OBD II system electronic control unit to communicate to scan tools and



1 other devices such as the On-Board Diagnostic Inspection System (OIS). The communication

2 protocol is programmed into the OBD II system electronic control unit during manufacture and

3 does not change.

4 23. Parameter Identifications (P!Ds) are data points reported by the OBD II system

5 electronic control unit to the scan tool or On-Board Diagnostic Inspection System. Examples of

6 Parameter Identifications are engine speed (rpm), vehicle speed, engine temperature, and other

7 input and output values utilized by the OBD II system electronic control unit. The PID count is

8 the number of data points reported by the OBD II system electronic control unit and is

9 programmed during manufacture.

10 24. The Vehicle Identification Number that is physical present on all vehicles is also

11 required to be programmed into the vehicle's On-Board Diagnostics- Generation II (OBD II) on

12 2005 and newer vehicles, and on many occasions was programmed into the OBD II system

13 electronic control unit in earlier model-years. This electronically programmed Vehicle

14 Identification Number, also known as the "eVIN," is captured by the Bureau during a Smog

15 Check and should match the physical Vehicle Identification Number on the vehicle.

16 25. As Table I clearly sets forth, ten (10) fraudulent tests were performed by Respondent

17 Rodriguez resulting in at ten (10) certificates of compliance being issued by Respondent K & D

18 Auto Repair and Smog.

19 26. The following table illustrates the documented clean plugging activities of

20 Respondents between February 20, 2017 to February 23, 2017.

21 Table 1

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Test Date

02/20/17

Vehicle Certified, Certificate No. YIN & License No.

(if anvl

2003 Chevrolet ZP485048C Astro

YIN 1GNDM19X43Bl47434

9

Technician License No.

E0638659 (Respondent Rodriguez)

OIS Test Data Details

Comm. Protocol: I914 (Expected:

JVPW)

PID Count: 7 (Expected: 21 or 22)

eVIN Match:

( K & DAUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO RODRIGUEZ) ACCUSATION

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1GNDM19X43Bl47434

Lie. No. None

Comm. Protocol: 1914 (Expected:

JVPW) 02/20/17 2001 Chevrolet S ZP485050C E0638659

Truck S10 (Respondent PID Count: 7

YIN Rodriguez) (Expected: 22)

1GCCS19W318222796

eV1N Match:

Lie. No. 19232D1 1GCCS19W318222796


2000 Chevrolet E0638659 JVPW) 02/20/17 Silverado C1500 ZP749004C (Respondent

Rodriguez) PID Count: 7 YIN

(Expected: 22) 2GCEC19Y8Yl143120

eV1N (Not Expected)

Lie. No. 6C90734


JVPW) 02/21/17 2002 Cadillac ZP749010C E0638659

Escalade Luxury (Respondent PID Count: 7


lG YEK63N62R201985 eVIN

Lie. No. 5RMH133 Match: 1GYEK63N62R201985

Cornm. Protocol: 1914

02/22/17 2004 Cadillac ZP749015C (Expected: JVPW)

E0638659 Escalade Luxury (Respondent PID Count: 7

YIN Rodriguez) (Expected: 22) 1GYEK63N54R107583

eVIN Lie. No. 7KWK287 Match:

I GYEK63N54R!07583

10 ( K & D AUTO REPAIR & SMOG, LAURA KARINA Y ALENZUELA, OWNER; DANIEL ALBERTO

T RODRIGUEZ) ACCUSA ION

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Corum. Protocol: 1914

(Expected: KWPF) 02/22/17 2001 Mercedes- ZP749024C E0638659

Benz E320 (Respondent PID Count: 7

YIN Rodriguez) (Expected: 22 or 24)

WDBJF65J81B264028 eVIN

Lie. No. 6SQC296 (Not Expected)

Corum. Protocol: 1914 (Expected:

1CAN11bt5) 02/23/17 2008 Pontiac G6 ZP749035C E0638659

Base (Respondent PID Count: 7

YIN Rodriguez) (Expected: 38/7)

IG2ZG57BX842I6I77 eV1N

Lie. No. None Match: I G2ZG57BX84216 I 77

Corum. Protocol: !914

02/23/17 2002 Chevrolet ZP749036C (Expected: JPWW)

E0638659 Astro (Respondent PID Count: 7


1GCDMI9XX2BI 18740 eVIN

Lie. No. None Match: IGCDMI9XX2BII8740

Corum. Protocol:

2003 Ford Mustang 1914 02/23/17 ZP749039C E0638659 (Expected: JPWM)

YIN (Respondent IFAFP40433F304852 Rodriguez) PID Count: 11

Lie. No. 5BNY705 (Expected: 21)

eVIN Match:

IF AFP40433F304852

Corum. Protocol: !914

02/23/17 2006 Dodge Charger ZP749040C E0638659 (Expected: SE (Respondent ICAN11bt5)

Rodriguez) PID Count: 7

11 ( K& DAUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO

RODRIGUEZ ACCUSATION )

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YIN

2B3KA43G26Hl09717

Lie. No. 6DCX364

Fraudulent Inspection No. 1

(Expected: 43/6)

eVIN Match:

2B3KA43G26Hl09717

27. OIS test detail for Respondent K & D Auto Repair & Smog shows that on February

20, 2017, a 2003 Chevrolet Astra, without a California license plate number was inspected.3

Certificate of Compliance# ZP485048C was issued using license# E0638659, belonging to

Respondent Rodriguez. OIS test detail shows the communication protocol was 1914, and the PID

count was 7. The comparative OIS test data of the Expected OBDII Valves for 2003 Chevrolet

Astra vehicles tested, showed that the vehicles reported had the expected communication protocol

JVPW and they showed a PID count of 21 or 22. The discrepancies in the OIS test detail shows

that the OIS Data Acquisition Device (DAD) was not connected to the 2003 Chevrolet Astra,

resulting in the issuance of a fraudulent Smog Certificate of Compliance.

Fraudulent Inspection No. 2

27. OIS test detail for Respondent K & D Auto Repair & Smog shows that on February

20, 2017, a 2001 Chevrolet STruck SlO, with California license plate# 19232D1 was inspected.


Respondent Rodriguez. OIS test detail shows the communication protocol was 1914, and the PID

count was 7. The comparative OIS test data of the Expected OBDII Valves for 2001 Chevrolet S

Truck SlO vehicles tested, showed that the vehicles reported had the expected communication

protocol JVPW and they showed a PID count of 22. The discrepancies in the OIS test detail

shows that the OIS Data Acquisition Device (DAD) was not connected to the 2001 Chevrolet S

Truck SlO, resulting in the issuance of a fraudulent Smog Certificate of Compliance.

3 YIN# 1GNDM19X43B147434 is used to identify the vehicle in lieu of no California license plate number.


RODRIGUEZ ACCUSATION

1 Fraudulent Inspection No. 3

2 28. OIS test detail for Respondent K & D Auto Repair & Smog shows that on February

3 20, 2017, a 2000 Chevrolet Silverado C1500, with California license plate# 6C90734 was

4 inspected. Certificate of Compliance# ZP749004C was issued using license# E0638659,

5 belonging to Respondent Rodriguez. OIS test detail shows the communication protocol was 1914,

6 and the PID count was 7. The comparative OIS test data of the Expected OBDII Valves for 2000

7 Chevrolet Silverado C1500 vehicles tested, showed that the vehicles reported had the expected

8 communication protocol JVPW and they showed a PID count of 22. The discrepancies in the OIS

9 test detail shows that the OIS Data Acquisition Device (DAD) was not connected to the 2000

10 Chevrolet Silverado C1500, resulting in the issuance of a fraudulent Smog Certificate of

11 Compliance.



14 21, 2017, a 2002 Cadillac Escalade Luxury, with California license plate# 5RMH133 was




18 Cadillac Escalade Luxury vehicles tested, showed that the vehicles reported had the expected



21 Cadillac Escalade Luxury, resulting in the issuance of a fraudulent Smog Certificate of

22 Compliance.



25 22, 2017, a 2004 Cadillac Escalade Luxury, with California license plate# 7KWK287 was






1 Cadillac Escalade Luxury vehicles tested, showed that the vehicles reported had the expected



4 Cadillac Escalade Luxury, resulting in the issuance of a fraudulent Smog Certificate of

5 Compliance.



8 22, 2017, a 2001 Mercedes-Benz E320, with California license# 6SQC296 was inspected.

9 Certificate of Compliance# ZP749024C was issued using license# E0638659, belonging to

10 Respondent Rodriguez. OIS test detail shows the communication protocol was !914, and the PID

11 count was 7. The comparative OIS test data of the Expected OBDII Valves 2001 Mercedes-Benz

12 E320 vehicles tested, showed that f the vehicles reported had the expected communication

13 protocol KWPF and they showed a PID count of 22 or 24. The discrepancies in the OIS test detail

14 shows that the OIS Data Acquisition Device (DAD) was not connected to the 2001 Mercedes-

15 Benz E320, resulting in the issuance of a fraudulent Smog Certificate of Compliance.



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23, 2017, a 2008 Pontiac G6 Base, without a California license plate number was inspected.4


Respondent Rodriguez. OIS test detail shows the communication protocol was !914, and the PID

count was 7. The comparative OIS test data of the Expected OBDII Valves for 2008 Pontiac G6

Base vehicles tested, showed that the vehicles reported had the expected communication protocol

ICAN11bt5 and they showed a PID count of 38/7. The discrepancies in the OIS test detail shows

that the OIS Data Acquisition Device (DAD) was not connected to the 2008 Pontiac G6 Base,

resulting in the issuance of a fraudulent Smog Certificate of Compliance.

Ill

4 YIN# 1G2ZG57BX84216177 is used to identify the vehicle in lieu of no California license plate number.





3 23, 2017, a 2002 Chevrolet Astro, without a California license was inspected.5 Certificate of

4 Compliance# ZP749036C was issued using license# E0638659, belonging to Respondent

5 Rodriguez. OIS test detail shows the communication protocol was 1914, and the PID count was 7.

6 The comparative OIS test data of the Expected OBDII Valves for 2002 Chevrolet Astro vehicles

7 tested, showed that the vehicles reported had the expected communication protocol JVPW and

8 they showed a PID count of 21. The discrepancies in the OIS test detail shows that the OIS Data

9 Acquisition Device (DAD) was not connected to the 2002 Chevrolet Astro, resulting in the

10 issuance of a fraudulent Smog Certificate of Compliance.



13 23, 2017, a 2003 Ford Mustang, with California license plate# 5BNY705 was inspected.

14 Certificate of Compliance# ZP749039C was issued using license# E0638659, belonging to

15 Respondent Rodriguez. OIS test detail shows the communication protocol was !914, and the PID

16 count was 11. The comparative OIS test data of the Expected OBDII Valves for 2003 Ford

17 Mustang vehicles tested, showed that the vehicles reported had the expected communication

18 protocol JPWM and they showed a PID count of 21. The discrepancies in the OIS test detail

19 shows that the OIS Data Acquisition Device (DAD) was not connected to the 2003 Ford

20 Mustang, resulting in the issuance of a fraudulent Smog Certificate of Compliance.



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23, 2017, a 2006 Dodge Charger SE, with California license plate# 6DCX364 was inspected.


Respondent Rodriguez. OIS test detail shows the communication protocol was !914, and the PID

count was 7. The comparative OIS test data of the Expected OBDII Valves for 2006 Dodge

5 YIN# 1GCDM19XX2B118740 is used to identify the vehicle in lieu of no California license plate number.



1 Charger SE vehicles tested, showed that the vehicles reported had the expected communication

2 protocol ICAN11bt5 and they showed a PID count of 43/6. The discrepancies in the OIS test

3 detail shows that the OIS Data Acquisition Device (DAD) was not connected to the 2006 Dodge

4 Charger SE, resulting in the issuance of a fraudulent Smog Certificate of Compliance.

5 FIRST CAUSE FOR DISCIPLINE

6 (Untrue or Misleading Statements)

7 36. Respondent K & D Auto Repair & Smog's registration is subject to discipline

8 pursuant to Code section 9884.7(a)(1), in that from February 20,2017 to February 23,2017,

9 Respondent made or authorized statements which he knew or in the exercise of reasonable care

10 should have known to be untrue or misleading, as follows: Respondent certified that the vehicles

11 set forth above in Table 1, had passed inspection and were in compliance with applicable laws

12 and regulations. In fact, Respondent conducted the inspections on those vehicles using the clean

13 plugging method by substituting or using different vehicles during the OBD II functional tests in

14 order to issue smog certificates of compliance, and did not test or inspect the vehicles as required

15 by Health and Safety Code section 44012.

16 SECOND CAUSE FOR DISCIPLINE

17 (Fraud)

18 37. Respondent K & D Auto Repair & Smog's registration is subject to discipline

19 pursuant to Code section 9884.7(a)(4), in that from February 20,2017 to February 23,2017,

20 Respondent committed acts which constitute fraud by issuing electronic smog certificates of

21 compliance for the vehicles set forth above in Table 1, without performing bona fide inspections

22 of the emission control devices and systems on those vehicles, thereby depriving the People of the

23 State of California of the protection afforded by the Motor Vehicle Inspection Program.

24 THIRD CAUSE FOR DISCIPLINE

25 (Failure to Comply with the Motor Vehicle Inspection Program)

26 38. Respondent K & D Auto Repair & Smog's station license is subject to discipline

27 pursuant to Health and Safety Code section 44072.2(a), in that from February 20, 2017 to

28



1 February 23, 2017, regarding the vehicles set forth above in Table 1, Respondent failed to comply

2 with the following sections of that Code:

3 a. Section 44012: Respondent failed to ensure that the emission control tests were

4 performed on the vehicles, in accordance with procedures prescribed by the department.

5 b. Section 44015: Respondent issued electronic smog certificates of compliance for the

6 vehicles, without ensuring that the vehicles were properly tested and inspected to determine if

7 they were in compliance with Health and Safety Code section 44012.

8 FOURTH CAUSE FOR DISCIPLINE

9 (Failure to Comply with Regulations Pursuant to the Motor Vehicle Inspection

10 Program)


12 pursuant to Health and Safety Code section 44072.2(c), in that from February 20, 2017 to

13 February 23, 2017 regarding the vehicles set forth above in Table 1, Respondent failed to comply

14 with provisions of California Code of Regulations, title 16, as follows:

15 a. Section 3340.35(c): Respondent issued electronic smog certificates of compliance even

16 though those vehicles had not been inspected in accordance with section 3340.42 of that Code.

17 b. Section 3340.42: Respondent failed to conduct the required smog tests and inspections

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

19 FIFTH CAUSE FOR DISCIPLINE

20 (Dishonesty, Fraud or Deceit)


22 pursuant to Health and Safety Code section 44072.2(d), in that from February 20, 2017 to

23 February 23, 2017, regarding the vehicles set forth above in Table 1, Respondent committed acts

24 involving dishonesty, fraud or deceit whereby another was injured by issuing electronic smog

25 certificates of compliance for those vehicles without performing bona fide inspections of the

26 emission control devices and systems on the vehicles, thereby depriving the People of the State of

27 California of the protection afforded by the Motor Vehicle Inspection Program.

28 Ill 17

( K & D AUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO RODRIGUEZ) ACCUSATION

1 SIXTH CAUSE FOR DISCIPLINE

2 (Violations of the Motor Vehicle Inspection Program)

3 4), Respondent Rodriguez's smog check inspector license is subject to discipline

4 pursuant to Health and Safety Code section 44072,2(a), in that from February 20, 2017 to

5 February 23, 2017, regarding the vehicles set forth above in Table 1, they failed to comply with

6 section 44012 of that Code in a material respect, as follows: Respondent Rodriguez failed to

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

8 the department.

9 SEVENTH CAUSE FOR DISCIPLINE

10 (Failure to Comply with Regulations Pursuant to the Motor Vehicle Inspection

11 Program)

12 42. Respondent Rodriguez's smog check inspector license is subject to discipline

13 pursuant to Health and Safety Code section 44072.2(c), in that from February 20, 2017 to

14 February 23, 2017, regarding the vehicles set forth above in Table 1, they failed to comply with

15 provisions of California Code of Regulations, title 16, as follows:

16 a. Section 3340.30(a): Respondent Rodriguez failed to inspect and test those vehicles in

17 accordance with Health and Safety Code sections 44012.

18 b. Section 3340.42: Respondent Rodriguez failed to conduct the required smog tests and

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

20 EIGHTH CAUSE FOR DISCIPLINE

21 (Dishonesty, Fraud or Deceit)

22 43. Respondent Rodriguez's smog check inspector license is subject to discipline

23 pursuant to Health and Safety Code section 44072.2(d), in that from February 20,2017 to

24 February 23, 2017 regarding the vehicles set forth above in Table 1, they committed acts

25 involving dishonesty, fraud or deceit whereby another was injured by issuing electronic smog

26 certificates of compliance without performing bona fide inspections of the emission control

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

28 the protection afforded by the Motor Vehicle Inspection Program.



1 OTHER MATTERS

2 44. Pursuant to Code section 9884.7(c), the director may suspend, revoke, or place on

3 probation the registrations for all places of business operated in this state by Laura Karina

4 Valenzuela, doing business asK & D Auto Repair & Smog, upon a finding that she has, or is,

5 engaged in a course of repeated and willful violation of the laws and regulations pertaining to an

6 automotive repair dealer.

7 45. Pursuant to Health and Safety Code section 44072.8, if Smog Check Station License

8 Number RC 266934, issued to Laura Karina Valenzuela, doing business asK & D Auto Repair &

9 Smog, is revoked or suspended, any additional license issued under Chapter 5 of Part 5 of

10 Division 26 of the Health and Safety Code in the name of said licensee may be likewise revoked

11 or suspended by the director.

12 46. Pursuant to Health and Safety Code section 44072.8, if Daniel Alberto Rodriguez's

13 smog check inspector license, currently designated as EO 638659 is revoked or suspended, any

14 additional license issued under Chapter 5 of Part 5 of Division 26 of Health and Safety Code in

15 the name of said licensee(s) may be likewise revoked or suspended by the Director.

16 47. Pursuant to Health and Safety Code section 44072.8, if Smog Check Test Only

17 Station License Number TC282101 issued to Daniel Alberto Gonzalez, doing business as Husky

18 Smog Check, is revoked or suspended, any additionallicense(s) issued under Chapter 5 of Part 5

19 of Division 26 of the Health and Safety Code of the Health and Safety Code in the name of said

20 licensee(s) may be likewise revoked or suspended by the Director.

21 PRAYER

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

23 and that fo !lowing the hearing, the Director of Consumer Affairs issue a deci~ion:

24 1. Revoking or suspending Automotive Repair Dealer Registration Number ARD

25 266934, issued to Laura Karina Valenzuela, Owner of K & D Auto Repair & Smog Only;

26 2. Revoking or suspending Smog Check, Test and Repair, Station License Number RC

27 266934, issued to Laura Karina Valenzuela, Owner of K & D Auto Repair & Smog;

28

19 ( K & DAUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO


1 3. Revoking or suspending smog check inspector license EO 638659, issued to Daniel

2 Alberto Rodriguez;

3 4. Revoking or suspending any additional license issued under Chapter 5 of Part 5 of

4 Division 26 of the Health and Safety Code in the name of Laura Karina Valenzuela;

5 5. Revoking or suspending any additional license issued under Chapter 5 of Part 5 of

6 Division 26 of the Health and Safety Code in the name of Daniel Alberto Rodriguez;

7 6. Revoking, suspending, or placing on probation any other Automotive Dealer

8 Registration issued to Laura Karina Valenzuela;

9 7. Ordering Laura Karina Valenzuela; Owner of K & D Auto Repair & Smog and

10 Daniel Alberto Rodriguez to pay the Bureau of Automotive Repair the reasonable costs of the

11 investigation and enforcement of this case, pursuant to Business and Professions Code section

12 125.3;

13 8. Revoking, suspending, or placing on probation Automotive Repair Registration ARD

14 282101 issued to Daniel Alberto Rodriguez;

15 9. Revoking, suspending, or placing on probation Smog Check Test Only Station

16 License TC 282101 issued to Daniel Alberto Rodriguez; and

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

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Bureau of Automotive Repair Department of Consumer Affairs State of California Complainant

26 LA20 17 604~05

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52563235.doc

20 ( K& D AUTO REPAIR & SMOG, LAURA KARINA VALENZUELA, OWNER; DANIEL ALBERTO


attorneys for complainant 11 - bar.ca.gov · case no. 79/17-3136 ... 11 valenzuela, owner ... smog...

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