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BEFORE THE DIRECTOR DEPARTMENT OF CONSUMER AFFAIRS
BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA
In the Matter of the Accusation Against:
MIGUEL'S SMOG CHECK AND AUTO REPAIR, MIGUEL MAGANA, OWNER 12011 Mariposa Rd., #C Hesperia, CA 92345 Automotive Repair Dealer Registration No.
ARD 267253 Smog Check Station License No.
RC 267253,
and
MIGUEL MAGANA 14415 Vista Del Sol Lane Adelanto, CA 92301 Smog Check Inspector License No. EO 151755 Smog Check Repair Technician License No.
EI151755
Respondents.
Case No. 79/15-63
DECISION
The attached Stipulated Settlement and Disciplinary Order is hereby accepted and adopted as the Decision of the Director of the Department of Consumer Affairs in the aboveentitled matter.
Th is Decisio n shall becom e effective ~au:"""""""'7'I"~"''''-L_--''.Jf;-7''''""----,,j{J'--=-''-~.Lk,----_
N DATED: KU EP Supervising Attorney Division of Legal Affairs Department of Consumer Affairs
KAMALA D. HARRIS Attorney General of California
2 JAMES M. LEDAKIS Supervising Deputy Attorney General
3 AGUSTIN LOPEZ Deputy Attorney General
4 State Bar No. 218717 600 West Broadway, Suite 1800
5 San Diego, CA 9210 I P.O. Box 85266
6 San Diego, CA 92186-5266 Telephone: (619) 645-2610
7 Facsimile: (619) 645-2079 Attorneysfor Complainant
BEFORE THE 8
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DEPARTMENT OF CONSUMER AFFAIRS FOR THE BUREAU OF AUTOMOTIVE REPAIR
STA TE OF CALIFORNIA
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In the Matter of the Accusation Against: Case No. 79115-63 MIGUEL'S SMOG CHECK AND AUTO REPAIR, MIGUEL MAGANA, OWNER STIPULATED SETTLEMENT AND l20ll Mariposa Rd., #C DISCIPLINARY ORDER Hesperia, CA 92345 Automotive Repair Dealer Registration No. ARD 267253 Smog Check Station License No. RC 267253,
and
MIGUEL MAGANA 14415 Vista Del Sol Lane Adelanto, CA 92301 Smog Check Inspector License No. EO 151755 Smog Check Repair Technician License No. EI151755
Respondents.
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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
(BAR). He brought this action solely in his official capacity and is represented in this matter by
STIPULATED SETTLEMENT (79/15·63)
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Kamala D. Harris, Attorney General of the State of California, by Agustin Lopez, Deputy
Attorney General.
2. Respondent Miguel's Smog Check and Auto Repair, Miguel Magana, Owner
(Respondent) is represented in this proceeding by attorney William D. Ferreira, Esq., whose
address is: 582 Market Street, Suite 1608, San Francisco, CA 94104
3. On or about November 22, 2011, the BAR issued Automotive Repair Dealer
Registration No. ARD 267253 to Miguel's Smog Check and Auto Repair, Miguel Magana,
Owner (Respondent). The Automotive Repair Dealer Registration was in full force and effect at
all times relevant to the charges brought in Accusation No. 79/15-63, expired on November 30,
2015, and has not been renewed.
4. On or about March II, 2013, the BAR issued Smog Check Station License No. RC
267253 to Miguel's Smog Check and Auto Repair, Miguel Magana, Owner (Respondent). The
Smog Check Station License was in full force and effect at all times relevant to the charges
brought in Accusation No. 79115-63, expired on November 30, 2015, and has not been renewed.
5. Originally, Miguel Magana was licensed as an Advanced Emission Specialist (EA)
Technician License No. 151755 in 2005. The EA license was due to expire on January 31, 2014,
but was cancelled on October 14,2013. Effective October 14,2013, the license was renewed
pursuant to Miguel A. Magana's election as a Smog Check Inspector (EO) License No. 151755
and a Smog Check Repair Technician (EI) License No. 151755. The EO and E1licenses were in
full force and effect at all times relevant to the charges brought in Accusation No. 79115-63 and
expired on January 31,2016.
JURISDICTION
6. Accusation No. 79/15-63 was filed before the Director of Consumer Affairs
24 (Director), for the BAR, and is currently pending against Respondent. The Accusation and all
25 other statutorily required documents were properly served on Respondent on November 3, 2014.
26 Respondent timely filed his Notice of Defense contesting the Accusation.
27 7. A copy of Accusation No. 79115-63 is attached as exhibit A and incorporated herein
28 by reference.
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STIPULATED SETTLEMENT (79115-63)
ADVISEMENT AND WAIVERS
2 8. Respondent has carefully read, fully discussed with counsel, and understands the
3 charges and allegations in Accusation No. 79115-63. Respondent has also carefully read, fully
4 discussed with counsel, and understands the effects of this Stipulated Settlement and Disciplinary
5 Order.
6 9. Respondent is fully aware of his legal rights in this matter, including the right to a
7 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at
8 his own expense; the right to confront and cross-examine the witnesses against him; the right to
9 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel
10 the attendance of witnesses and the production of documents; the right to reconsideration and
11 court review of an adverse decision; and all other rights accorded by the California
12 Administrative Procedure Act and other applicable laws.
13 10. Respondent voluntarily, knowingly, and intelligently waives and gives up each and
14 every right set forth above.
15 CULPABILITY
16 II. Respondent admits the truth of each and every charge and allegation in Accusation
17 No. 79115-63.
18 12. Respondent agrees that his Automotive Repair Dealer Registration is subject to
19 discipline and he agrees to be bound by the Director's imposition of discipline as set forth in the
20 Disciplinary Order below.
21 CONTINGENCY
22 13. This stipulation shall be subject to approval by the Director of Consumer Affairs or
23 the Director's designee. Respondent understands and agrees that counsel for Complainant and
24 the staff ofthe BAR may communicate directly with the Director and staff ofthe Department of
25 Consumer Affairs regarding this stipulation and settlement, without notice to or participation by
26 Respondent or his counsel. By signing the stipulation, Respondent understands and agrees that he
27 may not withdraw his agreement or seek to rescind the stipulation prior to the time the Director
28 considers and acts upon it. If the Director fails to adopt this stipulation as the Decision and
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STIPULATED SETTLEMENT (79115-63)
Order, the Stipulated Settlement and Disciplinary Order shall be of no force or effect, except for
2 this paragraph, it shall be inadmissible in any legal action between the parties, and the Director
3 shall not be disqualified from further action by having considered this matter.
4 14. The parties understand and agree that Portable Document Format (PDF) and facsimile
5 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile
6 signatures thereto, shall have the same force and effect as the originals.
7 15. This Stipulated Settlement and Disciplinary Order is intended by the parties to be an
8 integrated writing representing the complete, final, and exclusive embodiment of their agreement.
9 It supersedes any and all prior or contemporaneous agreements, understandings, discussions,
10 negotiations, and commitments (written or oral). This Stipulated Settlement and Disciplinary
II Order may not be altered, amended, modified, supplemented, or otherwise changed except by a
12 writing executed by an authorized representative of each of the parties.
13 16. In consideration ofthe foregoing admissions and stipulations, the parties agree that
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the Director may, without further notice or formal proceeding, issue and enter the following
Disciplinary Order:
DISCIPLINARY ORDER
IT IS HEREBY ORDERED that Automotive Repair Dealer Registration No. ARD 267253,
Smog Check Station License No. RC 267253, Smog Check Inspector License No. EO 151755,
and Smog Check Repair Technician License No. EI 151755, issued to Respondent Miguel's
Smog Check and Auto Repair, Miguel Magana as Owner; and individually to Miguel Magana,
are revoked.
I. Respondent shall deliver to the BAR his pocket licenses and, if issued, his wall
certificates on or before the effective date of the Decision and Order.
2. If Respondent ever files an application for licensure or a petition for reinstatement in
the State of Cali fomi a, the BAR shall treat it as a petition for reinstatement. Respondent must
comply with all the laws, regulations and procedures for reinstatement ofa revoked license in
effect at the time the petition is filed, and all of the charges and allegations contained in
Accusation No. 79115-63 shall be deemed to be true, correct and admitted by Respondent when
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STIPULATED SETTLEMENT (79115-63)
ENDORSEMENT
2 The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully
3 submitted for consideration by the Director of Consumer Affairs
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Dated:
SD2014707792 81212341.doc
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Respectfully submitted,
KAMALA D. HARRIS Attorney General of California JAMES M. LEDAKIS Supervising Deputy Attorney General
AGUSTIN LOPEZ Deputy Attorney General Attorneys/or Complainant
STIPULATED SETTLEMENT (79115-63)
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KAMALA D. HARRIS Attorney General of California LINDA K. SCII:-<EIDER Senior Assistant Attorney General JA\>1[S M. LWAKIS Supervising Deputy Attorney General State Har No. 132645
110 West "A" Street, Suite 1100 San Diego, CA 92101 P.O. Rox 85266 San Diego, CA 921 S6-5266 Telephone: (619) 645-2105 Facsimile: (619) 645-2061
Attorneysfor Complainant
BEFORE THE [)EPARTME~T OF CO~SUMER AFFAIRS
FOR THE BUREAU OF AUTOMOTIVE REPAIR STAn: OF CALIFOR~IA
12 In the Matter of the Accusation Against: Case )\;0. 1q! /S-&:0 lJ
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MIGUEL'S SMOG CHECK AND AUTO REPAIR, MIGUEL MAGANA, OW~ER 14415 Vista Del Sol Lane Adelanto. CA 92301
Automotive Repair Dealer Registration 1\0. ARD 267253 Smog Chcck Station License No. RC 267253,
and
MIGUEL A, MAGA~A 14415 Vista Del Sol Lane Adelanto, CA 9230 I
Smog Check Inspector License ~o. EO 151755 Smog Check Repair Technician License No. EI 151755 (t()rmerly Advanced Emission Spc"Cialist Technician Li~cnsc No. EA 15 I 7552,
Respondent.
25 Complainant alleges:
26 PARnES
ACCUSATION
SMOGCIIECK
27 I. Patrick Dorais (Complainant) brings this Accusation solely in his ollieial capacity
28 as the Chief ofthc Hureau of Automotive Repair, Department of Consumer Atl'airs.
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Automotive Repair Dealer Registration
2 2. On November 22, 20 II, the Bureau of Automotive Repair issued Automotive
3 Repair Dealer Registration };umber ARD 267253 to Miguel Magana (Respondent), owner of
4 Miguel's Smog Check and Auto Repair. Respondent has also been known as Miguel A. Magana.
5 The Automotive Repair Dealer Registration was in full force and effect at all times relevant to
6 the charges brought herein and will expire on November 30, 2014, unless renewed.
7 Smog Check Station License
3. On March II, 2013, the Bureau of Automotive Repair issued Smog Check Station
9 License Number RC 267253 to Re,'pondent, owner Miguel's Smog Check and Auto Repair. The
10 Smog Check Station License was in full toree and etlect at all times relevant to the charges
II brought herein and will expire on November 30, 2014. unless renewed.
12 Advanced .:mlssion Specialist Technician License
13 4. In 2005, the Bureau of Autoll1otive Repair issued Advanced Emission Specialist
14 Technician License Number EA 151755 to Respondent. The Advanced Emission SpeCialist
15 Technician License was due to expire on January 31, 2014, however. it was cancelled on October
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17 Smog Check Inspector License
18 5. On October 14,20[3, the Bureau of Automotive Repair issued Smog Check
19 Inspector License ]\;umbcr EO 151755 to Respondent. The Smog Check Inspector License was
20 in full force and cllcct at all times relevant to the charges brollght herein and will expire on
21 January 31, 2016, unless renewed.
22 Smog Check Repair Technician License
23 6. On October 14,2013, the Bureau of Autoll)!llive Repair issued Smog Check
24 Repair Technician License ]\;umbcr EI 151755 to Respondent. The Smog Cheek Repair
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I Effective August I, 2012, Calilornia Code of Regulations, title 16, sections 3340.28, 3340.29, and 3140.30 were amended to implement a license restructure from the Advanced Emission Specialist Technician (EA) license and Basic Arca (EB) Teclmician license to Smog Check Inspector (EO) license and/or Smog Check Repair Technician (EI) license.
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Technician License was in fullloree and clrcet at all times relevant to the charges brought herein
2 and wi II expire On January 3 J, 2016, unless renewed.
3 JURISDICTIO:\,
4 7. This Accusation is brought before the Director orConsumcr Aff,~irs (Director) lhr
5 the Bureau, under the authority of the following laws.
6 8. Busincss and ProfCssions Code (Code) section 477 provides, in pertinent part, that
7 "Board" includes "bureau," "commission," "committee," "department," "division," "examining
8 com millee," "program," and "agency." "License" includes certificate, registration or other means
9 to engage in a business or profession regulated by tbe Code.
10 9. Code section 9884.5 provides in pertinent part that a registration that is not
11 renewed within three years following its expiration shall not be renewed. restored, or reinstated
12 thereafter, and tbe delinquent registration shall hc canceled immediately upnn expiratinn of the
13 three- year period.
14 10. Code section 9884.7 provides that the Director Illay revoke an automotive repair
15 dealer registration.
16 II. Code section 9884.13 provides, in pertinent part, that the expiration ofa valid
17 registration shall not deprive the Director of jurisdiction to proceed with a disciplinary proceeding
18 against an automotive repair dealer or to render a decision temporarily Or permanently
19 invalidating, suspending, or revoking a registration.
20 12. Health and Salety Code (II & S Code) section 44002 provides, in pertinent part,
21 that the Director IllS all tbe powers and authority granted under the Automotive Repair Act f"r
22 enforcing the ~otor Vehicle Inspection Program_
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13. H & S Code sechon 44072.4 states, in pertinent part:
The direetof 'lllllY fake disciplmary actio~~gainst any licensee after a hearing as provided in this article by any of the following:
(a) Imposing prohation upon terms and conditions to be set forth by the director.
(b) Suspending the license.
(e) Revoking the license.
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Accusation
14. H & S Code section 44072.6 provides, in pertinent part, lhallhe expiralion or
2 suspension of a license by operation of law, or by order or decision of the Dircctor, or a (;ourt of
3 law, or the \'olunlary surrender of the license shall not deprive the Director of jurisdiction to
4 proceed with disciplinary action.
5 15 II & S Code section 44072.7 provides that all accusations against licensees shall be
6 filed within three years aller the act or omission alleged as the ground lbr disciplinary action,
7 except that with respect to an accusation alleging a violatioll of subdivision (d) ofSectioll
8 44072.2, the accusation may he tiled within two years aller the discovery by the Bureau ofthc
9 alleged facts constituting the fraud or misrepresentation prohibited by that scction.
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16. H & S Code section 44072.10 statcs, in pertinent part;
(c) The department shall revoke the license of any smog check technician or station licensee who !rnudulently certilics vehides or participates in the fi-dudulcnt inspection of vehicles. A fraudulent inspection includes. but is not limited 10, all 0 f thc f"llowing:
(1) Clean piping', as defined by the department.
STATL'TORY PROVISIONS
17. Code section 4R2 states:
Each board under the provisions of this code shall develop criteria to evaluate the rehabilitation of a person when:
(a) Considering the denial ofa license by the board under Section 480; or
(b) Considering suspension or revocation ofa license under Section 490.
Each board shall takc into aCcOlUlt all competent evidence 0 f rehabilitation furnished by the applicalll or licensee.
2 Clean-piping" is sampling the (clean) tailpipe emissions andlor the RPM readings of another vehicle for the purpose ofillcgally issuing smog certifications to vehicles that arc not in compliance or arc not prescnt in the smog check arca during the time of the certification.
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18. Code section 49() states:
(a) In addition to any other action that a board is permitted to take against a licensee, a board may suspend or revoke a license on the ground that the licensee has been convicted ofa crime, ifthc crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued.
(b) Not withstanding any other provision of law, a board may exercise any authority to discipline a licensee tor conviction ofa crime that is independent of the authority granted under subdivision (a) only if the crime is substantially re lated to the qualifICations, functions, or duties of the business or prolession for which the licensee's license was issued.
(e) A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a pica of !l% contendere. Any action that a board is permitted to take f(,!lowing the establishment ofa cOllvictioll may be taken when the time f()r appeal has elapsed, or the judgment of conviction has been allirmed on appeal, or when an order granting probation is made suspending the imposition ofsentcnce, irrespective ofa subsequent order lUlder the provisions of Section 1203.4 of the Penal Code.
(d) The Legislature hereby finds and declares that the application of this section has been made unclear by the holding in Pe//Vpoulos v. Department uf Real Estate (2006) 142 Cal.App.4th 554, and that the holding in that case has placed a significant number o[statutes and regulations in question, resulting in potential harm to the consumers orCalilornia from licensees who have been convicted of crimes. Therefore, the Legislature finds and declares that this section establishes an independent basis lOr a board to impose discipline upon a licensee, and that the amendments to this section made by Senate Bill 797 of the 2007·08 Regular Session do not constitute a change to, but rather arc declaratory of, existing law.
19. Code section 493 states:
Notwithstanding any other provision of law, in a proceeding conducted by a board within the department pursuant to law to deny an application for a license or to suspend or revoke a license or otherwise take disciplinary action against a person who holds a license, upon the ground that t1.., applicant or the licensee has been convicted of a crime substantially related to the qualifications, tunctions, and duties of the licensee in question, the record of conviction oflhe crime shall be conclusive evidence ofthe lact that the cOllviction occurred, but only of that tact, and the board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to detemline if the conviction is substantially related to tl.., qualifications, fimctions, and duties of the licensee in question.
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20. Code section 9884.7 states, in pertinent part
(al The director, whcr~ the automotive r.:pair dealer cannot show there was a bona fide error. may deny, suspend, revoke. or place on probation the registration of an automotive repair dealer for any of the 1i)lIowing acts or omissions related to the conduct of the business of the automotive repair dealer, which are done by the automotive repair dealer or any automotive technician, employee. partner. officer. or member of the automotive repair dealer.
(I) Making or authorizing in any manner or by any means whatever any statement written or oral which is untrue or misleading. and which is known. or which by the exercise ofr.:asonablc care should be known. to be untnlc or misleading.
(3) Failing or refusing to give to a custom~r a copy of any document requiring his or her signature. as soon as the customer signs the document.
(4) Any other conduct that constitutes fraud.
(6) Failure in any material respect to comply with the proviSIOns of this chapter or regulations adopted pursuant to it.
21. Code section 98R4.9 states. in pertinent part:
(a) Thc automotive repair dealer shall give to the customer a written estimated price tor !abur and parts necessary for a specific job. No work shall be done and no charges shall accrue bctorc authoriLation to proceed is obtained from the customer. No charge shall be made thr work done or parts supplied in excess of the estimated price without the oral or written consent of the customer that shall be obtained at some time aftcr it is determined that the estimated price is illsuftlcient and bethrc the work not estimated is done or the parts not estimated arc supplied. Written consent or authorization tin an increase in the original estimated price may be provided by electronic mail or facsimile transmission from the customer. The bureau may specify in regulation the procedures to be followed by an automotive repair dealer ifan autnorization or consent for an increasc in the original estimated price is provided by elcctnmic mail or facsimile transmission. Iflhat conscnt is ora~ lite dealer shall make a notation on the work order of the date. timc./13n1e of person authorizing the additional repairs and telephone number called. if any. together with a specification ofthc additional parts and labor and the total additional cost. and shall do either ofth~ following:
(I) Make a notation on the invoice anile same facts sct forth in the notation on the work order.
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(2) Upon completion of the repairs. obtain the customer's signature or initials to an acknowledgment of notice and consent, if there is an oral consent of the customer to additional repairs,
22. H & S Code scctio n 440 12 states:
The test at the smog check stations shall be perfoolled in accordance with procedures prescrihed by the department and may require loaded mode dynamometer testing in enhanced areas, two-speed idle testing. testing utilizing a vehicle's onboard diagnostic system, or other appropriate test procedures as detemlined by the department in consultation with the state board. The dcpartment shan implemcnllesting using onboard diagnostic systems, in lieu of loaded mode dynamometer or two-speed idle testing, on model year 2000 and newer vehicles only. beginning no earlier than January 1,2013. However. the department, in consultation with the state board may prescribe alternative test procedures that include loaded mode dynamometer or two-speed idle testing for vehicles with onboard diagnostic systems that the department and the state board detemline exhibit operational problems. The department shall ensure. as appropriate to the test method, the following:
(a) Emission control systems required by state and federal law are reducing exCess emissions in accordance with thc standards adupted pursuant to subdivisions (a) and (c) of Section 440l3.
(I) A visual or functional check is made of emission control devices specified by the department, including the catalyiic converter in those instances in which the department detcnnincs it to be necessary to meet the findings or Section 44001. The visual or functional check shall be perlooned in accordance with procedures prescribed by the department.
23. H & S Code section 44015 states in pertincnt part:
(b) lfa vehicle meets rhe requirements of Section 44012. a smog check station licensed 10 issue certificates shall issue a certificate of compliance or a certificate of nOllcumpliallJ.:c. . ..
24. H & S Code section 44032 states:
No person shall pCrf{lfm, for compensation, tests or repairs or emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is pcrtbmled at a licensed smog check station. Qualilicd technicians
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shall perlorm lesls of emission conlrol devices and syslems in accordancc with Section 44012.
25. H & S Code section 44059 states:
The willfiJI making of any talse stalement or entry with regard to a material matter in any oalh, affidavit, certificate of compliance or noncompliance, or application fonn which is required by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Pro less ions Code, constitules perjury and is punishable as provided in the Penal Code.
26. H & S Code seclion 44072.2 stall'S, in pertinent part:
The director may suspend, revoke, or take olher disciplinary action against a license as provid(.,() in this article iflhe licensee, or any partner, officer, or director thereof, docs any of the following:
(a) Violates any sec lion ofthis chapler [Ihe Motor Vehicle Inspection Program IH & S Code § 44000, et seq.)1 and the regulations adopted pur-mant 10 it, which rclat(.'() to the licensed activities.
(c) Violates any orlhe regulations adopted by the director pursuant to this chapter.
(d) Commits any acl involving dishonesty, fraud, or deceit whereby another is injured.
27. H & S Code seetinn 44072.8 statcs:
When a license has been revoked or 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.
REGULATORY PROVISIO~S
Z8. . California Code of Reg.Jlutions, title 16 leCR), section 3340.24 slales in perlinent .
Ie) The bureau may suspend or revoke the license of or pursue other legal action against a licensee, if the licensee falsely or Iraudulenlly issues or obtains a certificate of compliance or a certificate of noncompliance.
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29. CCR section 3340.30 states in pertinent part:
A licensed smog check inspector andlor 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 ofthe Health and Safety Code, section 44035 of the Health and Safety Code, and section 3340.42 of this article.
30. CCR section 3340.35 states in pertinent part:
(c) A licensed station shall issue a certificate ofcompliancc or noncompliance to the owner or operator of any vehicle that has been inspected in accordance with the procedures specified in section 3340.42 of this article and has all the required emission control equipment and devices installed and functioning correctly. The following conditions shall apply:
(I) Customers shall be charged the same price for eertilicates as that paid by the licensed station; and
(2) Sales tax shall not be assessed on the price of certificates.
31. CCR section 3340.42 states:
With the exception of diesel-powered vehicles addressed in subsection (I) of this section, the following emissions test methods and standards apply to all vehicles:
(a) A loaded-mode test, except as otherwise specified, shall be the test method uscd to inspect vehicles 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 (b) of Section 3340.17 of this article. The loaded-mode test shall use Acceleration Simulation Mode (ASM) tcst equipment, including a chassis dynamometcr, certified by the burcau.
On and after March 31, 20 I 0, exhaust emissions from a vehicle subject to this inspection shall be measured and compared to the emissions standards shown in the VLT Row Specific Emissions Standards (Cutpoints) Table, dated March 20 I 0, which is hereby incorporated by reference. Ifthe emissions standards for a specific vehicle is not included in this table then the exhaust emissions shall be compared to thc emissions standards set forth in TABLE I or TABLE II, as applicable. A vehicle passes the loaded-mode test ifall of its measured emissions are less than or equal to the applicable emission standards specified in the applicable table.
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(b) A two-speed idle mode test, unless a different tcst is otherwise specified in this article, shall be the test mcthod used to inspect vehicles rcgistercd in all program arcas of the state, exccpt in those areas of the state where the cnhanced 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 (b) of Section 3340.17 oflhis 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 Ill. A vehicle passes thc two-speed idle mode test if all of its measurcd emissions arc less than or equal to the applicable emissions standards specified in Table III.
(c)( I) In thc enhanced program areas, heavy-duty vehicles shall be tested using the loaded-mode tcst as provided in subsection (a) of this section, unless:
(A) Thc vehiclc has a drive axle weight that exceeds 5,000 pounds when the vchicle is unloaded, or
(B) The vehicle is classified by the Department of Motor Vehicles as a motorhome, or
(C) The vehicle has a body andlor chassis configuration or modification made for business purposes that renders the vehicle incompatible with loadedmode testing, or
(D) Thc emission inspection system prompts the technician to perform the two-speed idle test.
(2) For the purposes of this subsection, the term "unloaded" shall mean that the vehic Ie is not currently transporting loads for dclivery or is not carrying items of a temporary nature, but excludes items that have becn welded, bolted or otherwise permanently affixed to the vehicle, and tools, supplies, parts, hardware, equipment or devices of a similar nature that are routinely carried in or on the vehicle in the performance of the work for which the vehicle is primarily used.
(3) For the purposes of this subsection, modifications that render a vehiclc incompatible with loaded-mode testing shall not include any tire, wheel, body or chassis modifications made for other than business purposes.
(4) If it is determined that a heavy-duty vehicle cannot be subjected to a loaded-mode test for any of the reasons set furth in subparagraphs (A) through (D) of paragraph (l) of this subsection, the technician shall perfurm a two-speed idle test . .Ihe. technician sqalLaJslJ note on tlw.f'nalinvoice thejustificatu,whr the performance of a two-speed idle/est. . .
(d) Pursuant to section 39032.5 of the Health and Safety Code, gross polluter standards are as fo llows:
(I) A gross polluter means a vehicle with excess hydrocarbon, carbon monoxidc, or oxides of nitrogen emissions pursuant to the gross polluter emissions standards included in the tables described in subsections (a) and (b), as applicable.
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(2) Vehicles with emission levels exceeding the emission standards for gross po lIuters 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 44014.5,440 I 5, 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 subsections (a) and (b), as applicable. However, the provisions described in section 4401 7 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 4401 1 of the Health and Safety Code
(e) In addition to the test methods prescribed in this section, the following tests shall apply to all vehicles, except diesel-powered vehicles, during the Smog Check inspection:
(I) A visual inspection orthe vehicle's emissions control systems. During the visual inspection, the technician shall verify that the following emission control devices, as applicable, arc properly installed on the vehicle:
(A) air injection systems,
(B) computer(s) and related sensors and switchcs,
(C) crankcase emissions controls, including positive crankcase ventilation,
(D) exhaust gas after treatment systems, including catalytic converters,
(E) exhaust gas recirculation (EGR) systems,
(F) fuel evaporative emission controls,
(G) fuel metering systems, including carburetors and fuel injection,
(H) ignition spark controls, and
(I) any emissions control systems that are not otherwise prompted by the Emissions Inspection System, but listed as a requirement by the vehicle manufacturer,
(2) A functional inspection of the vehicle's emission control systems. During the functional inspection, the technician shall conduct, as applicable, the fo llowing tests and verifications of the vehicle:
(A) proper operation of the exhaust gas recirculation (EGR) system,
(B) a check of the gasoline filler cap's integrity,
(C) proper setting of ignition timing,
(D) a low pressure check of the fuel evaporative control system,
(E) proper operation of the malfunction indicator light (MIL) or "Check Engine Light," and
(F) an on-board diagnostics (OBD) systcm test.
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(3) A liquid leak inspection of the vehicle's fuel storage and delivery systems.
(4) An inspection ofthe vehicle's tailpipe and crankcase for the emissions ofsmoke.
(/) On or after January 1,2010, all 1998 rmdel year and newer dieselpowered vehicles, with a gross vehicle weight rating of 14,000 or less pounds, arc subject to the Smog Check Program. The following required inspcctions apply to all diesel-powered vehicles:
(I) A visual inspection o[the vehicle's emissions control systems. During the visual inspection, the technician shall verifY that the following emission control devices, as applicable, are properly installed on the vehicle:
(A) computer(s) and related sensors and switches,
(B) crankcase emissions controls,
(C) exhaust gas after treatment systems, including catalytic converters and particulatc filters,
(D) exhaust gas recirculation (EGR) systems,
(E) fuel metering systems, including fuel injection, and
(F) any emissions control systems that are not otherwise prompted by the Emissions Inspection System, but listed as a requirement by the vehicle manufacturer.
(2) A functional inspection of the vehicle's emission control systems. During the functional inspcction, the technician shall conduct, as applicable, an on-board diagnostics (OBD) system test.
(3) An inspection of the vchicle's tailpipe and crankcase for the emissions ofsmoke.
32. CCR section 3353 states:
No work for compensation shall be commenced and no charges shall accruc without specific authorization from the customer in accordance with the following requirements:
(a)Estimate for P.arts,a/ld Labor. EVery dealer shall give to each customer ~\v'riitenestimatcd price for parts and labor for a specific job.
COST RECOVERY
33. Section 125.3 o[the Code provides, in pertinent part, that the Bureau may request
27 the administrative law judge to direct a licentiate found to have committed a violation or
28 violations of the licensing act to pay a SUm not to exceed the reasonable costs of the investigation
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Accusation
and enforcement of/he ca<;e, with failure orthe licentiate to comply subjecting the license to not
2 being renewed or reinstated, If a case settles, recovery of invest igation and enforcement costs
3 may be included in a stipulated settlement.
4 BACKGROC~D
5 34. Based on a report and a review of smog check data, on April 2, 2014, the Bureau
6 of Automotive Repair (BAR) investigated the smog check activities of Miguel's Smog Check
7 and Auto Repair and found two serious instances of fraud. As a smog check inspector,
8 Respondent is required to properly smog test a vehicle to ensure that it is in good operatiog
9 condition and meets emissions standards. During a single day of surveillance, Respondent was
10 video recorded on two separate occasions lilbifying smog test results. Respondent entered the
II information ofa client's vehicle into the Emission Inspection System (EIS) or BAR 97, then
12 simply attached the testing instrument to a different clean vchicle he knew would pass smog.
13 Respondent reported to BAR that the client's vehicle had passed inspection. when in fact the
14 client's vehicle had not been testcd and in one instance the vehicle was not even present at the
15 test .acility.
16 CLEA~ PIPED VEHICLE #1
17 35. Undercover Surveillance - Inspection Number 1 on April 2, 2014
18 On April 2, 2014, Respondent, registered owner of and licensed smog inspector
19 teclmician at Miguel's Smog Check and Auto Repair, issued a smog Certificate ofComplianec
20 for a 2004 Subaru Impreza, VIN JF I GD29684G519919. CA License 5GRT 130 (2004 Subaru).
21 According to the information provided to RAR by Respondent, the 2004 Subaru was smog tested
22 between 2:04 p.m. and 2: 19 p.m" on April 2, 2014.
23 36. A RAR representative observed and recorded Respondent using the clean-piping
24 method to traudulently ~'Crtify th .. 2004Subaru. Miguel's Smog Check and Auto Repair has only
25 one testing bay. The RAR representative videotaped the activities at Miguel's Smog Check and
26 Auto Repair during the time the 2004 Subaru was allegedly being testcd. The BAR
27 representative observed and recorded that between 2:03 p.m. and 2: II p.m. a Mitsubishi sedan
28 was the only vehicle in Respondent's test bay. The BAR representative also observed and
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recorded that between 2: 16 p.m. and 2: 19 p.m. a Chevrnlet SUV was the nnly vehicle in
2 Respondent's test bay. Respondent represented to BAR that he was testing the 2004 Subaru from
3 2:04 p.m. to 2: 19 p. m., when in actuality he was testing either the M itsubishi sedan nr the
4 Chevrolet SUV. Respondent used Ihe "clean" exhaust from the Chevrolet SUV to cel1ify the
5 exhaust nfthe 2004 Subaru. In actuality the 2004 Subaru was not even present at Miguel'S Smog
6 Check and Auto Repair during the smog test. Respondent certified to BAR that he had smog
7 tested the 2004 Subaru and issued passing smog Certificate of Compliance No. YD766378C fur
8 the 2004 Subaru Impreza. VII' JFl GD29684G5 19919. CA License 5GRTl30.
9 CLEA~ PIPED VEHICLE #2
10 (;ndcrco\'cr Surveillance - Inspection ~umbcr 2 on April 2, 2014
11 On April 2. 2014, Respondent, registered owner of and licensed smog inspector
12 technician at Miguel's Smog Check and Auto Repair, issued a smog Cel1ilieate nfCompliance
13 for a 2008 Dodge Avenger, VIN I B3LC46K08N657076, CA License 5YYB462 (2008 Dodge).
14 According to the infhrmation provided to BAR by Responlcnt, the 2008 Dodge was smog tested
15 between 4:24 p.m. and 4:49 p.m.. on April 2, 2014.
16 38. A BAR representative observed and recorded Respondent again using the clean-
17 piping method to fraudulently certilY the 2008 Dodge. Miguel's Smog Check and Auto Repair's
18 station has only one testing bay. The BAI~ representative videotaped the activities at \.figuel's
19 Smog Check and Auto Repair during the time the 2008 Dodge was allegedly being te5ted. The
20 BAR represe ntative obselved and recorded that at 4:03 p.m. the 2008 Dodge was the only
21 vehicle in Respondent's test bay but was driven away at 4:08 p.m. The 2008 Dodge relurned at
22 4:22 p.m At 4:24 p.m., Respondent entered the 2008 Dodge with a black handheld device. At
23 4:25 p.m.. RespOndent entered data into the ElS device. At 4:31 p.m., Respondent drove the
24 2008 Dodge onto tl1\! dynamometer. Al 4:33 p.m .. Respondent ioserted tlie EISinacbine's
25 exhaust sample probe into the 2008 Dodge's tailpipe and st:irtcd a drive cycle. At 4:34 p.m.,
26 Respondent stopped the test. At 4:37 p.m., another drive cycle was performed. At 4:38 p.m .•
27 Respondent stopped the test and removed the CIS machine's exhaust sample probe from the
28 2008 Dodge's tai Ipipe. At 4:41, another person backed the 2008 Dodge out of the smog check
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Accusaliun
testing bay. At 4:42, a Porsehe was driven into Miguel's Smog Check and Auto Repair's smog
2 check testing bay. At 4:43 p.m., Respondent insertcd the EIS machine's exhaust sample probe
3 into the Porsche's tailpipe. At 4:47 p.m., Respondent began a drive cycle On the dynamometer
4 using the Porsche. At 4:48 p.m., Respondent removed the EIS machine's exhaust samplc probe
5 from the Porsche. At 4:49 p.m., Respondent backed the Porsche out of the testing bay. At 4:50,
6 another person returned the 2008 Dodge to the testing bay. At 4;51, Respondent handed some
7 paperwork to the driver ofthe 2008 Dodge, which was driven away at 4:53 p.m. Respondent
8 represented to BAR that he was testing the 2008 Dodge from 4:24 p.m. to 4:49 p.m., when in
9 reality he was testing the Porsche. Respondent used the "clean" exhaust from the Porsche to
10 certifY the exhaust of the 2008 Dodge. In reality, the 2008 Dodge was not even present at
II Miguel's Smog Check and Auto Repair's testing bay during the smog test on record. Respondent
12 certified to BAR that he had smog tested the 2008 Dodge and issued smog Certificate of
13 Compliance No. YD766380C for the 2008 Dodge Avenger, YIN IB3LC46K08NG5707G, CA
14 License 5YYB462.
15 39. Both fraudulent inspections set forth below were performed under Respondent's
16 smog check inspector license number.
I 7 IhD=aTte~&"'TT.-:im=e-:oc;;f=--'''''V''eCihcoic::Olcce'C~e:-:rt:::i''fi;-:,e-'d'a::-:n::-:d:;-YL-'ic-:e-:nC::Cse~Nccu-m--cb-e-r-------r--'C~e-rt7i"fi'lc-at-e -N·o-.---I Inspection
18 1. 4/2/2014 2004 Subaru Impreza, YIN JFIGD29684G519919, YD766378C 1Ir.~2:~0~4~-~2~:~19~'p~ .. ~m~. __ ~C~A~LI~·e~en7s~e;5~G~R~T~1~3~Oorn~h<~~~~~~~~~~~~ __ --1
19 2. 4/2/2014 2008 Dodge Avenger, YIN IB3LC46K08N657076, YD766380C ,,~~4~:2~4_-~4:~4~9~p .. m~._~C~A~L~ic~e~m~c~5~YY~~B~4~62~ _______________ ~ ____________ ~
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23 40.
FIRST CAUSE FOR DISCIPLINE Automotive Repair Dealer Registration
(Untrue or Misleading Statements)
Respondent's Automotive Repair Dealer Registration is subject to disciplinary
24 action under Code section 9884.7, subdivision (al( I), in that Respondent made or authorized a
25 statement which he knew or in the exercise of reasonable care should have known to be untrue or
26 misleading, by certifYing that the vehicles as set fourth under paragraphs 34-39, above, had
27 passed inspection and were in compliance with applicable laws and regulations. Respondent
28 III
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Accusation
used the "clean-piping" method in order to issue smog certificates of compliance fbr vehicles
2 that had not been testcd or inspected as required hy II & S Code section 44012,
3 SECOND CAUSE FOR DlSClPU:-iE Automotive Repair Dealer Registration
4 (Fraud)
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41. Respondcnt's Automotive Repair Dealer Registra.ion is subject to disciplinary
action under Code section 988~,7. subdivisioll (a)(4). in that Respond"nt committed an act which
constitutes fraud by issuing an clectronic smog certificate of compliance for the two vehicles
rclcrcnccd in paragraphs 34-39. above. without performing a hona fide inspection of the
emission control devices and systems on the vehicle. therehy depriving the People of the State of
California of the protection afforded hy the Motor Vehicle Inspection Program (H & S Code
section 44000. ot seq.),
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THIRD CALSE FOR DlSqI''''NE Automotive Repair Dealer Registration
(Violations ofthe :l<lotor Vehicle Inspection Program)
Respondent's Automotive Repair Dealer Registration is suhject to diSCiplinary
15 action under II & S Codc scction 44072,2. suhdivision (3), in that as set fourth in paragraphs 34-
16 39. abovc. Rcspondent failcd to materially comply with the following provisions ofCalif()mia
17 Code of Regulations. Title 16:
IR a, Section 3371: Respondent made untruc or misleading statements with
19 respect to the vehicles as set forth under paragraphs 34-39. above. by certifYing that those
20 vehicles had passed inspection and were then in compliance with applicahle state and federal
21 laws. In fact. those vehicle s had not hecn testcd or inspected as required by H & S Code section
2~ 44012.
23 h. Section 3373: Respondent made lal50 or misicad;IIg lewnls with respcct
24 to the vehicles as set forth under paragraphs 34-39, above. hy issuing smog certificates of
25 compliance without performing bona tide inspectiuns of the emission control devices and
26 systems on those vehicles. thereby depriving the People of the State ofCalilbrnia of the
27 protections affbrdcd under the Motor Vehicle Inspection Program (II & S Code section 44000, ef
28 seq,),
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3 43.
FOURTH CAUSE FOR DISCIPLINE Smog Check Station License
(Violations of the Motor Vehicle Inspection Program)
Respondent's Smog Check Station License is subject to disciplinary action under
4 H & S Code section 44072.2, subdivision (a), in that as set fourth in paragraphs 34-39, above,
5 Respondcnt failed to materially comply with the following provisions of California Codc of
6 Regulations, Title 16:
7 a. Section 44012, subdivision (a): Respondents failed to detennine that all
8 emission control devices and systems required by law were installed and functioning correctly in
9 accordance with test procedures on the two vehicles referenced in paragraphs 34-39.
10 b. Section 44012, subdivision (I): Respondents failed to perfonn emission
II control tcsts in accordance with procedures prescribed by the department on the two vehicles
12 referenced in paragraphs 34-39.
13 c. Section 44015, subdivision (b): Respondent issued an electronic smog
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certificate of compliance for the two vehicles referenced in paragraphs 34-39, above, without
properly testing and inspecting the vehicle to detennine if it was in compliance with H & S Code
section 44012.
44.
FIFTH CAUSE FOR DISCIPLINE Smog Check Station License
(Failure to Comply with Regulations)
Respondent's Smog Check Station License is subject to disciplinary action under
20 H & S Codc section 44072.2, subdivision (c), in that Respondent failed to comply with
21 provisions of Cali fornia Code of Regnlations, Title 16, as follows:
22 a. Section 3340.24, subdivision (c): Respondent false Iy or fraudulently
23 issued an electronic smog c,eJjifiqJ. Qfcompliance,fo.r the two vehicl,s ref~renced in paragraph
24 39, above.
25 b. Section 3340.35, subdivision (c): Respondent issued an electronic smog
26 certificate of compliance for the two vehicles referenced in paragraph 39, above, even though the
27 vehicles had not been inspected in accordance with section 3340.42.
28 III
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Accusation
c. Section 3340.41, subdivision (c): Respondent penllitted fulse infommtion
2 to be entered into the Emission Inspection System eElS") in that vehicle identification
3 infor/l1ation Or emission control system identification data was entered tbr vehicles other than the
4 ones being tested, as referenced in paragraph 39. above.
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d. Section 3340.42: Rcspondem failed to conduct the TC<juircd smog tests on
the two vehicles referenced in paragraph 39, abow. in accordance with the Bureau's
speei rlcations.
45.
SIXTH CAUSE FOR DISCIPLI:'IOE Smog Check Station License
(Dishonesty, Fraud or Deceit)
Respondent's Smog Check Station license is subject to diSCiplinary action under
H & S Code section 44072.2, subdivision (d), in that Respondent committed a dishonest,
fraudulent or deceitful act whereby another is injured by issuing an electronic smog certificate of
compliance lor the two vehicles referenced in paragraph 39. above. without performing a i:x)l}a
fide inspection of the emission control devices and systems on the vehicle, thereby depriving the
People of the State ofCalil"mia of the protection amlrded by the Motor Vehicle Inspection
Program.
46.
SEVE:\TH CAUSE FOR DISCIPLINE Smog Check I nspecto r License
(Failure to Comply with Regulations)
Respondent's smog check inspector license is subject to di,ciplinary action under
20 If & S Code section 44072.2. subdivision (c). in that Respondent lailed to comply with
21 Calilornia Code of Regulations. Title 16, section 3340.41. subdivision (e), entering fillse vehicle
22 identification information or emissions control system identification: Respondent entered talse
23 information into the EIS on the two vehiCles referenced in paragraphs 34-39.
24 a. Section 44012. subdivision (II): Respondent failed to delemlille that all
25 emission control devices and systems rC<juired by law were installed and tunctionillg corrc'Ctly in
26 accordance with test procedures. as referenced in paragraphs 34-39.
27 11/
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A("cusation
1 b. Section 44012, snbdivision (I): Respondent failed to perfonn emission
2 control tests on the vehicles rcferenccd in paragraphs 34-39, in accordance with procedures
3 prcscribed by the department.
4 c. Section 44032: Respondent failed to perform tests of the emission control
5 devices and systems on the two vehicles referenced in paragraphs 34-39 above, in accordance
6 with section 44012 ofthat Code, in that the vchicle had been clean piped.
7 d. Section 44059: Respondent willfully made fillse entries for electronic
8 Certificates of Compliance, certifying that the two vehicles rcferenccd in paragraphs 34-39
9 above, had been inspected as required when, in filct, they had not.
\0 EIGHT CAUSE FOR DISCIPLINE Smog Check Inspector License
II (Violations of Regnlations )
12 21. Respondent's smog check inspector license is subject to discipline under Health
13 and Safcty Code section 44072.2, subdivision (c), in that on April 2, 2014, he violated sections
14 of the California Codc of Regulations, Title 16, as follows:
IS a. Section 3340.24, snbdivision (c): Respondent falsely or fraudulently
16 issued electronic Certificate ofCompliancc without performing a bona fide inspection ofthe
17 emission control deviccs and systems on those vchicles as required by Health and Safety Code
18 section 44012. on the two vchicles rcfereneed in paragraphs 34-39.
19 b. Section 3340.30, subdivision (a): Respondent failed to inspect and tcst on
20 the two vchicles refercnced in paragraphs 34-39, abovc, in accordance with Health and Safety
21 Code scction 44012.
22 c. Section 3340.41, subdivision (c): Respondent entered false information
23 into the Fmission Inspection System ("ElS") for electronic Certificates of Compliance by
24 entcring vehicle emission control information for a vehicle other than on the two vehicles
25 referenced in paragraphs 34-39.
26 d. Section 3340.42: Respondent failcd to conduct the required smo g tests
27 and inspections on the two vehicles referenced in paragraphs 34-39, above, in accordance with
28 the Bureau's specifications.
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Accusation
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NINTH CAUSE FOR DISCIPLINE Smog Check Inspector License
(Untrue or Misleading Statements)
3 47. Respondent's Smog Check Inspector License is subject to disciplinary action
4 under H & S Code section 44072.2, subdivision (d), in that Respondent committed a dishonest,
5 fraudulent or deceitful act whereby another is injured by issuing an electronic smog certificatc of
6 compliancc for the two vehicles referenced in paragraphs 34-39, above, without pcrforming a
7 bona fide inspection of the emission control devices and systems on the vehicles, thereby
8 depriving the People of the State of California ofthe protection afforded by the Motor Vehicle
9 Inspection Program.
10 MATTERS IN AGGRAVATION
I I 48. To determine the degrec of discipline, if any, to be imposed on Respondent,
12 Complainant alleges as follows:
13 a. On May 18,201 I, the Bureau issued Citation No. M201 1-1272 to
14 Respondent, for violation of H & S Code section 44032, failure to perform tests of emission
15 control systems and devices in accordance with procedures prescribed by the department under
16 H & S Code section 44012, in that on April 13,201 I, Rcspondent issued Certificate of
17 Compliance number_to an undercover vchicle with the ignition adjusted beyond
18 specifications. On June 7,201 I, a citation confurence was held. The Bureau ordered Respondent
19 to enroll in and complete an 8-hour training course for the via lation. Respondent completed the
20 training on June 8, 201 I.
21 b. On January 24,2013, thc Bureau issued Citation No. M2013-052I and an
22 Ordcr of Abatement to Respondent, for violation ofH & S Code section 44032, failure to
23 perform tests of emission control systems and devices in accordance with procedurcs prescribed
24 by the departmcnt under H & S Code section 44012, in that on November 29,2012, Rcspondent
25 issued Certificate of Compliance number_to an undercover vehicle with a missing
26 pulse air injection system. On February 19,2013, a citation conference was held. The Bureau
27 required Respondent to complete a 28-hour training course and pay an administrative fine of
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Accusalion
$500.00. Respondent completed the remedial training prescribed by the citation on February 28,
2 2013, and paid the administrative fine on March 12, 2013.
3 c. On January 24, 2013, the Bureau issued Citation No. C20 13-0520 against
4 Respondent, for violation ofH & S Code section 44012, subdivision (I), failure to determine that
5 emission control devices and systems required by state and federal law are installed and
6 functioning correctly in accordance with test procedures in that on November 29, 2012,
7 Respondent issued Certificate ofCompliancc number_to an undercover vehicle with
8 a missing pulse air injection system. On February 19, 2013, a citation conference was held. The
9 Burcau assessed civil penalties totaling $1,000.00 against Respondent for the violation.
10 Respondent paid the fine on March 12, 2013.
11 OTHER MATTERS
12 49. Under Health and Safety Code section 44072.8, if Smog Check Inspector License
13 Number EO J 51755 and Smog Check Station License Number RC 267253, issued to Miguel
14 Magana, owner orMigue!'s Smog Check and Auto Repair, are revoked or suspended, Smog
15 Check Repair Technician License Number EI 151755, and any additional license issued under
16 this chapter in the name of said licensee may be likewise revoked or suspended by the director.
17 PRAYER
18 WHEREFORE, Complainant requests that a hearing be held on the matters herein
19 alleged, and that following the hearing, the Director of Consumer Affairs issue a decision:
20 1. Revoking or suspending Automotive Repair Dealer Registration Number ARD
21 267253, issued to Miguel Magana, owner of Miguel's Smog Check and Auto Repair;
22 2. Revoking or suspending Smog Check Station License Number RC 267253, issued
23 to Miguel Magana, owner of Miguel's Smog Check and Auto Repair;
24 3. Revoking or suspending Smog Check Inspector License Number EO J 51755,
25 issued to Miguel A. Magana;
26 4. Revoking or suspending Smog Check Repair Technician License Number EI
27 151755, issucd to Miguel A. Magana;
28 III
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Accusation
5. Ordering Miguel Magana. also known as Miguel A. Magana, to pay the Bureau or
2 Automotive Rcpair the reasonable costs of the investigation and entorcement of this case, under
3 Business and Professions Code section 125.3:
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SD2014707792 70960472.doc
Taking such other and further action as deemed necessary and proper.
PATRICK Ix)RAIS Chief Bureau of Automotive Repair Department of Consumer AITairs State of California Cumplainanf
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A~cusatian