KAMALA D. HARRIS Attorney General of California
2 LINDA L. SUN Supervising Deputy Attorney General
3 TERRENCE M. MASON Deputy Attorney General
4 State Bar No. 158935 300 So. Spring Street, Suite 1702
5 Los Angeles, CA 90013 Telephone: (213) 897-6294
6 Facsimile: (213) 897-2804 Attorneys/or Complainant
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8 BEFORE THE
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DEPARTMENT OF CONSUMER AFFAIRS FOR THE BUREAU OF AUTOMOTIVE REPAIR
STATE OF CALIFORNIA
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In the Matter ofthe Accusation Against: Case No. 79/14 -IPS of)
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LA TINO SMOG CHECK, RICARDO GRANADOS, Owner 2105 Edison Hwy. B8 Bakersfield, CA 93305 Mailing Address: 2812 Berger S t. Bakersfield, CA 93305
Automotive Repair Dealer Registration No. ARD 272202 Smog Check Station License No. TC 272202;
RICARDO GRANADOS 2812 Berger St. Bakersfield, CA 93305
Smog Check Inspector License No. EO 635080 (formerly Advanced Emission Specialist Technician License No. EA 635080);
and
DAVID GRANADOS 3217 Haley St. Bakersfield, CA 93305
Advanced Emission Specialist Technician License No. EA 143913,
Respondents. 27 II---------------------~~~~~
28 Complainant alleges:
ACCUSATION
(SMOG CHECK)
In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION
PARTIES
2 1. Patrick Dorais ("Complainant") brings this Accusation solely in his official capacity
3 as the Chief ofthe Bureau of Automotive Repair, Department of Consumer Affairs.
4 2. On or about March 18,2013, the Bureau of Automotive Repair ("Bureau") issued
5 Automotive Repair Dealer Registration Number ARD 272202 ("ARD Registration") to Ricardo
6 Granados, owner, doing busincss as Latino Smog Check ("Respondent Latino"). The ARD
7 Registration was in full force and effect at all times relevant to the charges brought herein. It will
8 expire on March 31, 2017, unless renewed.
9 3. On or about April 2, 2013, the Bureau issued Smog Check, Test Only, Station
10 License Number TC 272202 ("station license") to Ricardo Granados, owner, doing business as
II Latino Smog Check. The Station License was in full force and effect at all times relevant to the
12 charges brought herein. It will expire on March 31, 2017, unless renewed.
13 4. On January 4, 2013, the Bureau issued Advanced Emission Specialist Technician
14 License No. EA 635080 to Ricardo Granados ("Respondent Ricardo"). Respondent's Advanced
15 Emission Specialist Technician License was due to expire on November 30, 2014, however, it
16 was cancelled on September 17,2014. Pursuant to California Code of Regulations, title 16,
17 section 3340.28, subdivision (e), said license was renewed as Smog Check Inspector License No.
18 EO 635080, effective September 17,2014. I Respondent's license was in full force and effect at
19 all times relevant to the charges brought herein. It will expire on November 30, 2016, unless
20 renewed.
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5. In 2001, the Bureau issued Advanced Emission Specialist Technician License No. EA
143913 to David Granados ("Respondent David"). The license expired on July 31, 2013, and has
not been renewed. Upon renewal, it will be redesignated as EO 143913 andlor EI 143913.
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I Effective August 1,2012, California Code of Regulations. title 16, sections 3340.28, 3340.29, and 3340.30 were amended to implement a license restructure from the Advanced Emission Specialist Technician (EA) license and Basic Area (EB) Technician license to Smog Check Inspector (EO) license andlor Smog Check Repair Technician (EI) license.
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In the Matter ofthe Accusation Against: Latino Smog Check, et al. ACCUSATION
JURISDICTION
2 6. This Accusation is brought before the Director of Consumer Affairs (Director) for the
3 Bureau of Automotive Repair, under the authority of the following laws.
4 7. Section 9884.13 of the Business and Professions Code provides, in pertinent part, that
5 "[t]he expiration ofa valid registration shall not deprive the director or chief of jurisdiction to
6 proceed with ... [a] disciplinary proceeding against an automotive repair dealer or to render a
7 decision invalidating a registration temporarily or permanently."
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8. Section 9884.7 of the Bus. & Prof. Code states, in pertinent part:
"(a) The director, where the automotive repair dealer cannot show there was a bona fide error, may refuse to validate, or may invalidate temporarily or permanently, the registration of an automotive repair dealer for any ofthe following 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 of reasonable care should be known. to be untrue or misleading ...
"(4) Any other conduct which constitutes fraud.
18 "(6) Failure in any material respect to comply with the provisions of this chapter or regulations adopted pursuant to it."
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20 9. Section 44002 ofthe Health and Safety Code provides, in pertinent part, that the
21 Director has all the powers and authority granted under the Automotive Repair Act for enforcing
22 the Motor Vehicle Inspection Program.
23 10. Section 44012 of the Health & Saf. Code provides, in pertinent part, that tests at smog
24 check stations shall be performed in accordance with procedures prescribed by the department.
25 II. Section 44015, subdivision (b), of the Health & Saf. Code provides that a certificate
26 of compliance shall be issued if a vehicle meets the requirements of Health & Sal'. Code section
27 40012.
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In the Matter of the Accusation Against: Latino Smog Check, et a!. ACCUSATION
12. Section 44032 of the Health & Saf. Code provides, in pertinent part, that "[q]ualified
2 technicians shall perform tests of emission control devices and systems in accordance with
3 Section 44012."
4 13. Section 44059 ofthe Health & Saf. Code provides:
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"The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code, constitutes perjury and is punishable as provided in the Penal Code."
9 14. Section 44072.2 ofthe Health & Saf. Code states, in pertinent part:
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'The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee, or any partner, officer, or director thereof, does any of the following:
"(a) Violates any section of this chapter [the Motor Vehicle Inspection Program (Health and Saf. Code, § 44000, et seq.)] and the regulations adopted pursuant to it, which related to the licensed activities ...
"(b) Is convicted of any crime substantially related to the qualifications, functions, or duties ofthe licenseholder in question.
"(c) Violates any of the regulations adopted by the director pursuant to this chapter.
"(d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured."
15. Section 44072.8 of the Health & Saf. Code states:
"When a license has been revoked or suspended following a hearing under this article, any
additional license issued under this chapter in the name ofthe licensee may be likewise revoked
or suspended by the director."
REGULATORY PROVISIONS
24 16. California Code of Regulations ("CCR"), title 16, section 3340.24, subdivision (c),
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states:
"The bureau may suspend or revoke the license of or pursue other legal action against a
licensee, if the licensee falsely or fraudulently issues or obtains a certificate of compliance or a
certificate of noncompliance."
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In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION
17. CCR, title 16, section 3340.30, subdivision (a), states that a licensed smog technician
2 shall at all times "[i]nspect, test and repair vehicles, as applicable, in accordance with section
3 44012 of the Health & Saf. Code, section 44035 of the Health & Saf. Code, and section 3340.42
4 of this article."
5 18. CCR, title 16, section 3340.35, subdivision (cl, states that a licensed smog check
6 station "shall issue a certificate of com pliance or noncompliance to the owner or operator of any
7 vehicle that has been inspected in accordance with the procedures specified in section 3340.42 of
8 this article and has all the required emission control equipment and devices installed and
9 functioning correctly."
10 19. CCR, title 16, section 3340.41, subdivision (cl, provides: "No person shall enter into
II the emissions inspection system any vehicle identification information or emission control system
12 identification data for any vehicle other than the one being tested. Nor shall any person
13 knowingly enter into the emissions inspection system any false information about the vehicle
14 being tested."
15 20. CCR, title 16, section 3340.42, sets forth specific emissions test methods and
16 procedures which apply to all vehicles inspected in the State ofCalifomia.
17 21. CCR, title 16, section 3340.45 requires that all smog check inspections be performed
18 in accordance with requirements and procedures prescribed in the Bureau's Smog Check Manual.
19 22. CCR, title 16, section 3373 provides, in pertinent part:
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"No automotive repair dealer or individual in charge shall, in filling out an estimate, invoice, or work order. .. withhold therefrom or insert therein any statement or information which will cause any such document to be false or misleading, or where the tendency or effect thereby would be to mislead or deceive customers, prospective customers, or the public. "
COST RECOVERY
25 23. Section 125.3, subdivision (a), of the Bus. & Prof. Code provides, in pertinent part,
26 that a Board "may request the administrative law judge to direct a licentiate found to have
27 committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable
28 costs of the investigation and enforcement of the case."
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In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION
SMOG CHECK PROGRAM BACKGROUND
2 24. Smog Check tests are performed using a BAR97 Emissions Inspection System
3 ("EIS"). The EIS is a computer-based analyzer that samples a vehicle's exhaust emissions
4 through an exhaust sample probe that is placed in the tailpipe of the vehicle being inspected. The
5 EIS accepts entries from the licensed technician per his/her visual and functional inspection of the
6 vehicle, as well as the information specific to the particular vehicle being tested; such as, model
7 year, make. model, license plate number, VIN, etc. The licensed technician gains access to the
8 EIS by using a confidential personal access code assigned by the Bureau. The EIS uses the
9 information entered by the technician, along with the data from the analyzer, to determine
10 whether the vehicle passes the test.
11 25. The Smog Check test consists of a three-part inspection; a visual inspection of the
12 vehicle's emission control components, an exhaust emission sample, and a functional test of
13 certain emission-related components. If the vehicle passes the test, the EIS issues a Certificate of
14 Compliance number. This certificate number and all test information are automatically
15 transmitted via modem to the Bureau's Vehicle Information Database ("VID"). A dishonest
16 Smog Check technician can circumvent the Smog Check program by using the clean-piping
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18 UNDERCOVER OPERATION #1
19 26. Based on Vehicle Information Database (VIO) data, an investigation ofthe Smog
20 Check activities of Latino Smog Check was initiated by the Bureau. The data showed similar
21 revolutions per minute (RPM) and emission readings for a wide variety oftested vehicles.
22 indicating that Respondents Ricardo Granados and David Granados might be performing
23 fraudulent inspections using the "clean-piping" method.
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27. On September 6,2014. a Bureau undercover operator, using an assumed name,
drove to Latino Smog Check and met with Ricardo Granados. The operator informed Granados
2 Clean-piping is when a technician enters vehicle information into the EIS for the vehicle he/she wishes to certify and then samples the exhaust of a different (clean-running) vehicle. Using this method, the technician is able to issue a smog certificate to a vehicle that is not present at the facility for testing and/or cannot pass the test on its own.
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In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION
he had a 1980's Chevrolet that would not pass its smog and inquired ifhe performed smog
2 repairs. Granados stated he did not perform repairs and it was best to perform a "crooked" smog
3 check on older vehicles. The operator asked about the cost of the crooked smog check, and
4 Granados stated the smog inspection would be $250.00 and he would need to leave the vehicle.
5 Granados explained he would make arrangements with an individual, "Ghost", to perform the
6 illegal Smog Check inspection.
7 28. In October, 2014, a Bureau Documentation Laboratory Representative ("Doc Lab
8 Rep") prepared a 1986 Chevrolet to fail a proper smog inspection due to excessive emissions. He
9 disconnected air injection system (AIR) and removed the catalytic convertor, and utilized tamper
10 seals to detect any subsequent adjusting and/or removing of the carburetor. He then performed a
11 smog check inspection of the Chevrolet which it failed due to the disconnected AIR system, the
12 missing catalytic converter and excessive tailpipe emissions.
13 29. On November 4, 2014, the Bureau undercover operator returned to Latino Smog
14 Check with the Bureau's Chevrolet, which had been outfitted with a hidden video recording
15 system. He again met with Ricardo Granados, and requested a smog inspection. He provided
16 Granados with a fictitious vehicle registration and $250.00 cash. Granados requested the operator
17 provide his name and contact information and had him sign a blank estimate. The operator then
18 left the facility, but was not provided with a copy of the blank estimate.
19 30. Later that day, Ricardo Granados telephoned the operator and informed him the
20 Chevrolet was ready. The operator returned to Latino Smog Check and met with Ricardo, who
21 provided an estimate, invoice and Smog Check Vehicle Information Report ("VIR") and stated
22 the vehicle was smog certified. The VIR and BAR97 Test Detail also showed that Ricardo
23 Granados entered "pass" into the EIS for the required catalytic convertor and disconnected AIR
24 system, when in fact the catalytic convertor was missing and secured at the Bureau's Doc Lab and
25 the AIR was disconnected.
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31. Still later that same day, Bureau Representatives reviewed the Chevrolet's hidden
video recording system which utilized two cameras: camera one in the exhaust tail pipe on the
right rear, and camera two from the front of the car. The video recording indicated that
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In the Matter of the Accusation Against Latino Smog Check, et al. ACCUSATION
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Respondents Ricardo and David Granados performed a clean-pipe Smog Inspection on the
documented vehicle by inserting the EIS sample probe into Ricardo Granados' own S.U.V. and a
disconnected decoy sample hose and probe into the Chevrolet during the inspection.
32. The next day, November 5,2014, the Bureau Doc Lab Rep re-inspected the
Chevrolet and verified his documentation of the car remained the same. He then performed a
California smog check inspection that showed the vehicle failed a properly performed inspection
due to a missing catalytic convertor, disconnected AIR system and excessive emissions.
UNDERCOVER OPERATION #2
33. From December 31,2014 through January 7, 2015, another Bureau Doc Lab Rep
prepared a 1992 Chevrolet pickup to fail a properly performed smog inspection. He removed the
catalytic convertor, cut the EGR valve diaphragm, installed an EGR passage block-off plate, and
utilized tamper seals to detect subsequent removal of the EGR valve. He then performed a smog
check inspection, which the pickup failed due to the missing catalytic converter and excessive
tailpipe emissions.
34. On January 28,2015, the same Bureau undercover operator drove the Chevrolet
pickup, which had been outfitted with a hidden video recording system, to Latino Smog Check
and again met with Ricardo Granados and requested a smog inspection. He again provided
Granados with a fictitious vehicle registration and $250.00 cash. Granados requested the operator
provide his name, contact information and sign a blank estimate. As the time before, the operator
left the facility, but was not provided with a copy of the blank estimate.
35. Later that day, Ricardo Granados telephoned the operator and informed him the
pickup was ready. The operator returned to Latino Smog Check and met with Ricardo, who
provided him with the estimate, invoice and VIR and stated the pickUp had been smog certified.
The VIR and BAR97 Test Detail also showed Ricardo Granados entered "pass" into the EIS for
the required catalytic convertor, when in fact the catalytic convertor was missing and secured at
the Bureau's Doc Lab.
36. Later that same day, Bureau Representatives reviewed the pickup's onboard video
recording system, which utilized four cameras: camera one from the left front, camera two from
the right front, camera three from the exhaust tail pipe on the right rear, and camera four from the
underside of the hood towards the left of the vehicle. The video recording showed Respondents
Ricardo and David Granados performed a clean-pipe Smog Inspection on the documented pickup
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by inserting the EIS sample probe into Ricardo Granados' own S.U.V. and a disconnected decoy
sample probe into the pickup during the inspection.
37. On February 9,2014, Doc Lab Rep re-inspected the Chevrolet pickup and verified
his documentation of the vehicle remained the same. He performed a California smog inspection
that showed the vehicle still failed a proper smog inspection due to the missing catalytic convertor
and excessive emissions.
SUBSEOUENT IMPROPER BAR 97 TESTS
38. On March 9, 2015, the Bureau implemented a policy change requiring the use of
the OBD Inspection System (OIS) when testing 2000 model year and newer gas powered vehicles
weighing 14,000 Ibs. gross vehicle weight (GVW) and under, and 1998 and newer diesel powered
vehicles 14,000 Ibs. GVW and under. Bureau licensees were advised numerous times about the
implementation of the new testing requirements. The Bureau's Vehicle Information Database
(VIO) indicated that Latino Smog Check registered an OIS, and on September 23,2014, Latino
Smog Check purchased smog certificates for their OIS.
39. On March 15,2015, Latino Smog Check improperly issued a smog Certificate of
Compliance to a 2005 Ford F250 Diesel, the BAR97 Emissions Inspection System (EIS), when a
newer OIS test was required. The inspection was performed by Respondent Ricardo Granados as
indicated by the VIO.
40. On March 25, 2015, Respondent Latino improperly issued a Certificate of
Compliance to a 2007 Dodge Caravan using the BAR97 EIS, when an OIS test was required. The
inspection was performed by Respondent Ricardo Granados.
41. On March 26, 2015, Respondent Latino improperly issued a Certificate of
Compliance to a 2009 Dodge Caravan using the BAR97 EIS, when an OIS test was required. The
inspection was performed by Respondent Ricardo Granados.
40. On March 31, 2015, Respondent Latino improperly issued a Certificate of
Compliance to a 2005 Ford FI50 using the BAR97 EIS, when an OIS test was required. The
inspection was performed by Respondent Ricardo Granados.
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In the Matter of the Accusation Against: Latino Smog Check, et a!. ACCUSATION
FIRST CAUSE FOR DISCIPLINE
2 (Misleading Statements)
3 41. Ricardo Granados, owner, dba Latino Smog Check, has subjected his ARD
4 Registration to discipline under Bus. & Prof. Code section 9884.7, subdivision (a)(I), in that on
5 or about November 4, 2014 and January 28, 2015, he made statements which he knew or which
6 by exercise of reasonable care should have known were untrue or misleading when he issued
7 electronic smog certificates of compliance for certain vehicles, certifying that those vehicles were
8 in compliance with applicable laws and regulations when, in fact, those vehicles had not been
9 inspected. Complainant refers to, and by this reference incorporates, the allegations set forth
10 above in paragraphs 26 through 37, inclusive, as though set forth fully herein.
II SECOND CAUSE FOR DISCIPLINE
12 (Fraud)
13 42. Ricardo Granados, owner, dba Latino Smog Check, has subjected his ARD
14 Registration to discipline under Bus. & Prof. Code section 9884.7, subdivision (a)(4), in that on
IS or about November 4, 2014 and January 28, 20 IS, he committed acts which constitute fraud by
16 issuing electronic smog certificates of compliance for certain vehicles without performing bona
17 fide inspections of the emission control devices and systems on those vehicles, thereby depriving
18 the People of the State of Cali fomi a of the protection afforded by the Motor Vehicle Inspection
19 Program. Complainant refers to, and by this reference incorporates, the allegations set forth
20 above in paragraphs 26 through 37, inclusive, as though set forth fully herein.
21 THIRD CAUSE FOR DISCIPLINE
22 (Material Violation of Automotive Repair Act)
23 43. Ricardo Granados, owner, dba Latino Smog Check, has subjected his ARD
24 Registration to discipline under Bus. & Prof. Code section 9884.7, subdivision (a)(6), in that on
25 or about November 4, 2014, and January 28, 2015, and between March IS and 3 I, 2015, he failed
26 in a "material respect to comply with the provisions of this chapter or regulations adopted
27 pursuant to it" when he issued electronic certificates of compliance for certain vehicles without
28 performing bona fide inspections of the emission control devices and systems on those vehicles,
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In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION
thereby depriving the People of the State of California of the protection afforded by the Motor
2 Vehicle Inspection Program. Complainant refers to, and by this reference incorporates, the
3 allegations set forth above in paragraphs 26 through 40, inclusive, as though set forth fully herein.
4 FOURTH CAUSE FOR DISCIPLINE
5 (Violation of the Motor Vehicle Inspection Program)
6 44. Ricardo Granados, owner, dba Latino Smog Check, has subjected his Station License
7 to discipline under Health & Saf. Code section 44072.2, subdivision (a), in that on or about
8 Novem ber, 4, 2014, and January 28, 20 IS, and between March 15 and 31, 20 IS, Respondent
9 violated the following sections of the Health & Saf. Code with respect to the inspection of certain
10 vehicles:
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a. Section 44012: Respondent failed to ensure that the emission control tests were
performed on those vehicles in accordance with procedures prescribed by the department.
b. Section 44015, subdivision (b): Respondent issued electronic certificates of
compliance without properly testing and inspecting the vehicles to determine if they were in
compliance with section 44012 ofthe Health & Saf. Code.
c. Section 44059: Respondent willfully made false entries for the electronic certificates
of compliance by certifying that those vehicles had been inspected as required when, in fact, they
had not.
Complainant refers to, and by this reference incorporates, the allegations set forth above in
paragraphs 26 through 40, inclusive, as though set forth fully herein.
FIFTH CAUSE FOR DISCIPLINE
(Violations of Regulations Pursuant to the Motor Vehicle Inspection Program)
45. Ricardo Granados, owner, dba Latino Smog Check, has subjected his Station License
to discipline under Health & Saf. Code section 44072.2, subdivision (c), in that on or about
November 4,2014, and January 28,2015, and between March 15 and 3 I, 2015, Respondent
violated the following sections of title 16 of the CCR with respect to the inspection of certain
vehicles:
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a. Section 3340.24, subdivision (c): Respondent falsely or fraudulently issued
electronic certificates of compliance without performing bona fide inspections of the emission
control devices and systems on those vehicles as required by Health & Saf. Code section 44012.
b. Section 3340.35, subdivision (c): Respondent issued electronic certificates of
compliance even though those vehicles had not been inspected in accordance with section
3340.42 of the Health & Saf. Code.
c. Section 3340.42: Respondent failed to conduct the required smog tests and
8 inspections on those vehicles in accordance with the Bureau's specifications.
9 Complainant refers to, and by this reference incorporates, the allegations set forth above in
10 paragraphs 26 through 40, as though set forth fully herein.
II SIXTH CAUSE FOR DISCIPLINE
12 (Dishonesty, Fraud or Deceit)
13 46. Ricardo Granados, owner, dba Latino Smog Check, has subjected his Station License
14 to discipline under Health & Saf. Code section 44072.2, subdivision (d), in that on or about
15 November 4, 2014, and January 28, 2015, and between March 15 and 31, 2015, Respondent
16 committed acts involving dishonesty, fraud or deceit whereby another was injured by issuing
17 electronic certificates of compliance for certain vehicles without performing bona fide inspections
18 ofthe emission control devices and systems on those vehicles, thereby depriving the People of the
19 State of California of the protection afforded by the Motor Vehicle Inspection Program.
20 Complainant refers to, and by this reference incorporates, the allegations set forth above in
21 paragraphs 26 through 40, inclusive, as though set forth fully herein.
22 SEVENTH CAUSE FOR DISCIPLINE
23 (Violations of the Motor Vehicle Inspection Program)
24 47. Respondent Ricardo Granados has subjected his Smog Check Inspector License to
25 discipline under Health & Saf. Code section 44072.2, subdivision (a), in that on or about
26 November 4, 2014, and January 28, 2015, and between March 15 and 3 I, 2015, he violated the
27 following sections of the Health & Saf. Code with respect to the inspection of certain vehicles:
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a. Section 44012: Respondent failed to ensure that the emission control tests were
2 performed on those vehicles in accordance with procedures prescribed by the department.
3 b. Section 44032: Respondent failed to perform tests of the emission control devices
4 and systems on those vehicles in accordance with section 44012 of the Health & Saf. Code, in
5 that the vehicles had been clean piped.
6 c. Section 44059: Respondent willfully made false entries for the electronic certificates
7 of compliance by certifying that those vehicles had been inspected as required when, in fact, they
8 had not.
9 Complainant refers to, and by this reference incorporates, the allegations set forth above in
10 paragraphs 26 through 40, inclusive, as though set forth fully herein.
II EIGHTH CAUSE FOR DISCIPLINE
12 (Violations of Regulations Pursuant to the Motor Vehicle Inspection Program)
13 48. Respondent Ricardo Granados has subjected his Smog Check Inspector License to
14 discipline under Health & Saf. Code section 44072.2, subdivision (c), in that on or about
IS November 4,2014, and January 28,2015, and between March 15 and 31, 2015, he violated the
16 following sections of the CCR, title 16, with respect to the inspection of certain vehicles:
17 a. Section 3340.24, subdivision (c): Respondent falsely or fraudulently issued
18 electronic certificates of compliance without performing bona fide inspections of the emission
19 control devices and systems on those vehicles as required by Health & Sal'. Code section 44012.
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b. Section 3340.30, subdivision (a): Respondent failed to inspect and test those
vehicles in accordance with Health & Saf. Code section 44012.
c. Section 3340.41, subdivision (c): Respondent entered false information into the EIS
for the electronic certificates of compliance by entering vehicle emission control information for
vehicles other than the vehicles being certified.
d. Section 3340.42: Respondent failed to conduct the required smog tests and
26 inspections on those vehicles in accordance with the Bureau's specifications.
27 Complainant refers to, and by this reference incorporates, the allegations set forth above in
28 paragraphs 26 through 40, inclusive. as though set forth fully herein.
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NINTH CAUSE FOR DISCIPLINE
(Dishonesty, Fraud or Deceit)
3 49. Respondent Ricardo Granados has subjected his Smog Check Inspector License to
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discipline under Health & Saf. Code section 44072.2, subdivision (d), in that on or about
November 4, 2014, and January 28, 2015, and between March 15 and 31, 2015, he committed
acts involving dishonesty, fraud or deceit whereby another was injured by issuing electronic
certificates of compliance for certain vehicles without perfonning bona fide inspections ofthe
emission control devices and systems on those vehicles, thereby depriving the People ofthe State
of California of the protection afforded by the Motor Vehicle Inspection Program. Complainant
refers to, and by this reference incorporates, the allegations set forth above in paragraphs 26
through 40, inclusive, as though set forth fully herein.
TENTH CAUSE FOR DISCIPLINE
(Violations of the Motor Vehicle Inspection Program)
50. Respondent David Granados has subjected his smog technician license to discipline
under Health & Saf. Code section 44072.2, subdivision (a), in that on or about November 4,2014,
and January 28,2015, he violated the following sections ofthe Health & Saf. Code with respect
to the inspection of certain vehicles:
a. Section 44012: Respondent failed to ensure that the emission control tests werc
performed on those vehicles in accordance with procedures prescribed by the department.
b. Section 44032: Respondent failed to perform tests ofthe emission control devices
and systems on those vehicles in accordance with section 44012 ofthe Health & Saf. Code, in
that the vehicles had been clean piped.
c. Section 44059: Respondent willfully aided and/or abetted in the making of false
24 entries for the electronic certificates of compliance certifying that those vehicles had been
25 inspected as required when, in fact, they had not.
26 Complainant refers to, and by this reference incorporates, the allegations set forth above in
27 paragraphs 26 through 37, inclusive, as though set forth fully herein.
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In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION
ELEVENTH CAUSE FOR DISCIPLINE
2 (Violations of Regulations Pursuant to the Motor Vehicle Inspection Program)
3 51. Respondent David Granados has subjected his smog technician I icense to discipline
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under Health & Saf. Code section 44072.2, subdivision (c), in that on or about November 4,2014,
and January 28,2015, he violated the following sections of the CCR, title 16, with respect to the
inspection of certain vehicles:
a. Section 3340.24, subdivision (c): Respondent aided and abetted in the false and/or
fraudulent issuance of electronic certificates of compliance without the performance of bona fide
inspections of the emission control devices and systems on those vehicles as required by Health &
Saf. Code section 44012.
b. Section 3340.30, subdivision (a): Respondent failed to inspect and test those
12 vehicles in accordance with Health & Saf. Code section 44012.
13 c. Section 3340.41, subdivision (c): Respondent aided and abetted in false entry of
14 information into the EIS for the electronic certificates of compliance by the entry of vehicle
IS emission control information for vehicles other than the vehicles being certified.
16 d. Section 3340.42: Respondent failed to conduct the required smog tests and
17 inspections on those vehicles in accordance with the Bureau's specifications.
18 Complainant refers to, and by this reference incorporates, the allegations set forth above in
19 paragraphs 26 through 37, inclusive, as though set forth fully herein.
20 TWELFTH CAUSE FOR DISCIPLINE
21 (Dishonesty, Fraud or Deceit)
22 52. Respondent David Granados has subjected his Smog Check Inspector License to
23 discipline under Health & Saf. Code section 44072.2, subdivision (d), in that on Or about
24 November 4,2014, and January 28, 2015, he committed acts involving dishonesty, fraud or deceit
25 whereby another was injured by aiding and abetting in the issuance electronic certificates of
26 compliance for certain vehicles without the performance of bona fide inspections of the emission
27 control devices and systems on those vehicles, thereby depriving the People of the State of
28 California of the protection afforded by the Motor Vehicle Inspection Program. Complainant
IS
In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION
refers to, and by this reference incorporates, the allegations set forth above in paragraphs 26
2 through 37, inclusive, as though set forth tully herein.
3 OTHER MATTERS
4 53. Pursuant Bus. & Prof. Code section 9884.7, subdivision (c), the director may suspend,
5 revoke, or place on probation the registrations for all places of business operated in this state by
6 Ricardo Granados, owner, dba Latino Smog Check upon a finding that he has, or is, engaged in a
7 course of repeated and willful violations of the laws and regulations pertaining to an automotive
8 repair dealer.
9 54. Pursuant to Health & Saf. Code section 44072.8, if Smog Check, Test Only, Station
10 License Number TC 272202, issued to Ricardo Granados, owner, dba Latino Smog Check, is
11 revoked or suspended, any additional license issued under this chapter in the name of said
12 licensees may be likewise revoked or suspended by the director.
13 55. Pursuant to Health & Saf. Code section 44072.8, if Respondent Ricardo Granados'
14 Smog Check Inspector License No. EO 635080, is revoked or suspended, any additional license
15 issued under th is chapter in the name of said licensee may be likewise revoked or suspended by
16 the director.
17 56. Pursuant to Health & Saf. Code section 44072.8, if Respondent David Granados'
18 smog technician license, formerly designated as EA 143913, is revoked or suspended, any
19 additional license issued under this chapter in the name of said licensee may be likewise revoked
20 or suspended by the director.
21 PRAYER
22 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,
23 and that following the hearing, the Director of Consumer Affairs issue a decision:
24 1. Revoking or suspending Automotive Repair Dealer Registration Number
25 ARD 272202, issued to Ricardo Granados, owner, doing business as Latino Smog Check;
26 2. Revoking or suspending any other automotive repair dealer registration issued to
27 Ricardo Granados;
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In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION
3. Revoking or suspending Smog Check, Test Only, Station License Number
2 TC 272202, issued to Ricardo Granados, owner, doing business as Latino Smog Check;
3 4. Revoking or suspending Smog Check Inspector License Number EO 635080, issued
4 to Ricardo Granados;
5 5. Revoking or suspending any additional license issued under Chapter 5 of the Health
6 & Saf. Code in the name of Ricardo Granados;
7 6. Revoking or suspending Advanced Emission Specialist Technician License Number
8 EA 143913, issued to David Granados;
9 7. Revoking or suspending any additional license issued under Chapter 5 of the Health
10 & Saf. Code in the name of David Granados;
II 8. Ordering Ricardo Granados and David Granados jointly and severally to pay the
12 Bureau of Automotive Repair the reasonable costs of the investigation and enforcement of this
13 case, pursuant to Bus. & Prof. Code section 125.3;
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DATED:
Rev Acc.docx (Rev.9/22/16)
Taking such other and further action as deemed necessary and proper.
PATRICK DORAIS Chief Bureau of A utomotive Repair Department of Consumer Affairs State of California Complainant
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In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION