D.bar.ca.gov/pdf/accusations/rc-277366_2016_12_8_16_acc.pdf2 2. On or about July 28,2014, the Bureau...

KAMALA D. HARRIS Attorney General of California

2 FRANK H. PACOE Supervising Deputy Attorney General

3 JONATHAN D . COOPER Deputy Attorney General

4 State Bar No. 141461 455 Golden Gate Avenue, Suite 11000

5 San Francisco, CA 94102-7004 Telephone: (415) 703-1404

6 Facsimile: (415) 703-5480 Attorneysfor Complainant

7 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 of the Accusation Against: CITY GILROY GAS STATION, LLC dba City Gilroy Gas Station. LLC Hung Phuc Nguyen, Member Ly Vu, Member 700 First Street Gilroy, CA 95020

Automotive Repair Dealer Registration No. ARD 277366 Smog Check Station License No. RC 277366 Brake Station License No. BS 277366, Class C Lamp Station License No. LS 277366, Class A

HUNG PHUC NGUYEN 3001 Stevens Lane San Jose, CA 95148

Smog Check Inspector License No. EO 302520 Smog Check Repair Technician License No. EI 302520 Brake Adjuster License No. BA 302520, Class C Lamp Adjuster License No. LA 302520, Class A

Respondents.

25 Complainant alleges:

26 PARTIES

Case No. '111 'S-\Y3~l.\ ACCUSATION

27 1. Patrick Dorais (Complainant) brings thi s Accusation solely in his official capacity as

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

ACCUSATION

1 City Gilroy Gas Station:

2 2. On or about July 28,2014, the Bureau of Automotive Repair issued Automotive

3 Repair Dealer Registration Number ARD 277366 to City Gilroy Gas Station, LLC, dba City

4 Gilroy Gas Station, LLC, Hung Phuc Nguyen, member, Ly Vu, Member (hereinafter

5 "Respondent City Gilroy"). The Automotive Repair Dealer Registration was in full force and

6 effect at all times relevant to the charges brought herein and will expire on July 31, 2017, unless

7 renewed.

8 3. On or about August 7,2014, the Bureau of Automotive Repair issued Smog Check

9 Station License Number RC 277366 to Respondent City Gilroy. The Smog Check Station

10 License was in full force and effect at all times relevant to the charges brought herein and will

11 expire on July 31, 2017, unless renewed.

12 4. On or about August 7, 2014, the Bureau of Automotive Repair issued Brake Station

13 License Number BS 277366, Class C, to Respondent City Gilroy. The Brake Station License

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

15 July 31, 2017, unless renewed.

16 5. On or about August 7,2014, the Bureau of Automotive Repair issued Lamp Station

17 License Number LS 277366, Class A, to Respondent City Gilroy. The Lamp Station License was

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

19 31, 2017, unless renewed.

20 Hung Phuc Nguyen

21 6. In or about 2003, the Bureau of Automotive Repair issued Advanced Emission

22 Specialist License No. EA 302520 to Hung Phuc Nguyen (hereinafter "Respondent Nguyen").

23 On or about March 14,2013, the licensed was converted to Smog Check Inspector (EO)

24 License No. EO 302520 and Smog Check Repair Technician License EI 302520. The Licenses

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

26 June 30, 2017, unless renewed.

27 7. In or about 1997, the Bureau of Automotive Repair issued Brake Adjuster License

28 No. BA 302520 to Respondent Nguyen. The Brake Adjuster License was in full force and effect

2

ACCUSATION

1 at all times relevant to the charges brought herein and will expire on June 30, 2017, unless

2 renewed.

3 8. In or about 1986, the Bureau of Automotive Repair issued Lamp Adjuster License

4 No. LA 302520 to Respondent Nguyen. The Lamp Adjuster License was in full force and effect

5 at all times relevant to the charges brought herein and will expire on June 30, 2017, unless

6 renewed.

JURISDICTION 7

8 9. This Accusation is brought before the Director of the Department of Consumer

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

10 All statutory references are to the Business and Professions Code, unless otherwise indicated.

11 10. Code section 118, subdivision (b), provides that the suspension, expiration, surrender,

12 or cancellation of a license shall not deprive the Director of jurisdiction to proceed with a

13 disciplinary action during the period within which the license may be renewed, restored, reissued

14 or reinstated.

15 11. Code section 9884.13 provides, in pertinent part, that the expiration of a valid

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

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

18 temporarily or permanently.

19 12. Health and Safety Code section 44002 provides, in pertinent part, that the Director

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

21 Motor Vehicle Inspection Program.

22 STATUTORY AND REGULATORY PROVISIONS

23 13. Section 9884.7 of the Code states, in pertinent part:

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

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

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

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

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

3 ACCUSATION

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

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

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

4 (2) Causing or allowing a customer to sign any work order that does not state the repairs

5 requested by the customer or the automobile's odometer reading at the time of repair.

6 (3) Failing or refusing to give to a customer a copy of any document requiring his or her

7 signature, as soon as the customer signs the document.

8 (4) Any other conduct that constitutes fraud.

9 (5) Conduct constituting gross negligence.

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

11 regulations adopted pursuant to it.

12 (7) Any willful departure from or disregard of accepted trade standards for good and

13 workmanlike repair in any material respect, which is prejudicial to another without consent of the

14 owner or his or her duly authorized representative.

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

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

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

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

20 any manner the right of the automotive repair dealer to operate his or her other places of business.

21 (c) Notwithstanding subdivision (b), the director may suspend, revoke, or place on

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

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

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

25 14. Section 9889.3 of the Code states, in pertinent part:

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

27 provided in this article if the licensee or any partner, officer, or director thereof:

28 (a) Violates any section of the Business and Professions Code that relates to his or her

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ACCUSATION

1 licensed activities.

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3 (c) Violates any of the regulations promulgated by the director pursuant to this chapter.

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

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6 (h) Violates or attempts to violate the provisions of this chapter relating to the particular

7 activity for which he or she is licensed.

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9 15. Section 9889.9 of the Code states:

10 When any license has been revoked or suspended following a hearing under the provisions

11 of this article, any additional license issued under Articles 5 and 6 of this chapter in the name of

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

13 16. Section 9889.16 of the Code states:

14 Whenever a licensed adjuster in a licensed station upon an inspection or after an

15 adjustment, made in conformity with the instructions of the bureau, detennines that the lamps or

16 the brakes upon any vehicle conform with the requirements of the Vehicle Code, he shall, when

17 requested by the owner or driver of the vehicle, issue a certificate of adjustment on a form

18 prescribed by the director, which certificate shall contain the date of issuance, the make and

19 registration number of the vehicle, the name of the owner of the vehicle, and the official license

20 of the station.

21 17. California Health and Safety Code section 44072 states:

22 Any [smog check-related license] issued under this chapter and the regulations adopted

23 pursuant to it may be suspended or revoked by the director. The director may refuse to issue a

24 license to any applicant for the reasons set forth in Section 44072.1. The proceedings under this

25 article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part

26 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers

27 granted therein.

28 III

5 ACCUSATION

1 18. California Health and Safety Code section 44072.2 states:

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

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

4 following:

5 (a) Violates any section of this chapter and the regulations adopted pursuant to it, which

6 related to the licensed activities.

7 (b) Is convicted of any crime substantially related to the qualifications, functions, or duties

8 of the licenseholder in question.

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

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

11 (e) Has misrepresented a material fact in obtaining a license.

12 (f) Aids or abets unlicensed persons to evade the provisions of this chapter.

13 (g) Fails to make and keep records showing his or her transactions as a licensee, or fails to

14 have those records available for inspection by the director or his or her duly authorized

15 representative Jor a period of not less than three years after completion of any transaction to

16 which the records refer, or refuses to comply with a written request of the director to make the

17 records available for inspection.

18 (h) Violates or attempts to violate the provisions of this chapter relating to the particular

19 activity for which he or she is licensed.

20 19. California Code of Regulations, Title 16, section 3305, states:

21 (a) All adjusting, inspecting, servicing, and repairing of brake systems and lamp systems for

22 the purpose of issuing any certificate of compliance or adjustment shall be performed in official

23 stations, by official adjusters, in accordance with the following, in descending order of

24 precedence, as applicable:

25 (1) Vehicle Manufacturers' current standards, specifications and recommended procedures,

26 as published in the manufacturers' vehicle service and repair manuals.

27 (2) Current standards, specifications, procedures, directives, manuals, bulletins and

28 instructions issued by vehicle and equipment or device manufacturers.

6 ACCUSATION

1 (3) Standards, specifications and recommended procedures found in current industry-

2 standard reference manuals and periodicals published by nationally recognized repair information

3 providers.

4 (4) The bureau's Handbook for Brake Adjusters and Stations, May 2015, which is hereby

5 incorporated by reference.

6 (5) The bureau's Handbook for Lamp Adjusters and Stations, May 2015, which is hereby

7 incorporated by reference.

8 (b) The specific activities for which an official station is licensed shall be performed only in

9 an area of the station that has been approved by the bureau. Other work may be performed in the

10 approved area, as desired. The work area shall be within a building and shall be large enough to

11 accommodate the motor vehicle being serviced. The bureau may make an exception to the

12 preceding requirement by approving a work area adjacent to a building for purposes of inspecting

13 and adjusting equipment and devices on buses, trucks, truck tractors, trailers, and semitrailers.

14 The work area shall be kept clean and orderly.

15 (c) The services of an officially licensed adjuster appropriate to each type and class of

16 station license held shall be available at each official station, except a fleet owner station, not less

17 than 40 hours weekly or not less than half of the hours the station is open for business weekly,

18 whichever is less. Fleet owner stations are required to provide the services of a licensed adjuster

19 only for certification procedures.

20 20. California Code of Regulations, Title 16, section 3316, states, in pertinent part:

21 The operation of official lamp adjusting stations shall be subject to the following

22 provisions:

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24 (d) Effective April 1, 1999, licensed stations shall purchase certificates of adjustment from

25 the bureau for a fee of three dollars and fifty cents ($3.50) each and shall not purchase or

26 otherwise obtain such certificates from any other source. Full payment is required at the time

27 certificates are ordered. Certificates are not exchangeable following delivery. A licensed station

28 shall not sell or otherwise transfer unused certificates of adjustment. Issuance of a lamp

7 ACCUSATION

1 adjustment certificate shall be in accordance with the following provisions:

2 (1) When a lamp adjustment certificate is issued to an applicant for an authorized

3 emergency vehicle permit, the certificate shall certify that the vehicle has been inspected, that all

4 lamps and related electrical systems meet all requirements of the Vehicle Code and bureau

5 regulations, and that all lamps capable of adjustment are properly adjusted.

6 (2) Where all of the lamps, lighting equipment, and related electrical systems on a vehicle

7 have been inspected and found to be in compliance with all requirements of the Vehicle Code and

8 bureau regulations, the certificate shall certify that the entire system meets all of those

9 requirements.

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12 The operation of official brake adjusting stations shall be subject to the following

13 provIsIOns:

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15 (c) Effective April 1, 1999, licensed stations shall purchase certificates of adjustment from

16 the bureau for a fee of three dollars and fifty cents ($3.50) and shall not purchase or otherwise

17 -obtain such certificates from any other source. A licensed station shall not sell or otherwise

18 transfer unused certificates ofadjustment. Full payment is required at the time certificates are

19 ordered. Certificates are not exchangeable following delivery. Issuance of a brake adjustment

20 certificate shall be in accordance with the following provisions:

21 (1) When a brake adjustment certificate is issued to an applicant for an authorized

22 emergency vehicle permit, the certificate shall certify that the vehicle has been road-tested and

23 that the entire braking system meets all requirements of the Vehicle Code and bureau regulations.

24 (2) Where the entire brake system on any vehicle has been inspected or tested and found to

25 be in compliance with all requirements of the Vehicle Code and bureau regulations, and the

26 vehicle has been road-tested, the certificate shall certify that the entire system meets all such

27 requirements.

28 (3) When a customer asks for a certificate of brake adjustment in conjunction with

8 ACCUSATION

1 clearance of an enforcement form, the adjuster may, if requested, inspect and certify only the

2 portion of the brake system specified as defective on the enforcement form. Where the entire

3 system has not been tested or inspected or one or more defects have been corrected, the certificate

4 shall indicate which tests or inspections have been performed, or which defect or defects have

5 been corrected.

6 (4) A certificate shall be valid for 90 days after its issuance to a consumer.

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9 No dealer shall publish, utter, or make or cause to be published, uttered, or made any false

10 or misleading statement or advertisement which is known to be false or misleading, or which by

11 the exercise of reasonable care should be known to be false or misleading. Advertisements and

12 advertising signs shall clearly show the following:

13 (a) Firm Name and Address. The dealer's firm name and address as they appear on the State

14 registration certificate as an automotive repair dealer; and

15 (b) Telephone Number. If a telephone number appears in an advertisement or on an

16 advertising sign, this number shall be the same number as that listed for the dealer's firm name

17 and address in the telephone directory, or in the telephone company records if such number is

18 assigned to the dealer subsequent to the publication of such telephone directory.


20 No automotive repair dealer or individual in charge shall, in filling out an estimate, invoice,

21 or work order, or record required to be maintained by section 3340.15( e) of this chapter, withhold

22 therefrom or insert therein any statement or information which will cause any such document to

23 be false or misleading, or where the tendency or effect thereby would be to mislead or deceive

24 customers, prospective customers, or the pUblic.

25 COST RECOVERY

26 24. Code section 125.3 provides, in pertinent part, that a Board may request the

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

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

9 ACCUSATION

1 enforcement of the case.

2 UNDERCOVER OPERATION ONE

3 25. On or about August 27,2015, a Bureau undercover operator ("operator") drove a

4 1992 Ford to City Gilroy Gas Station, LLC and requested a smog, brake and lamp inspection. As

5 part of the Bureau's documentation of the vehicle, Bureau staff had previously machined the front

6 brake rotors below minimum thickness specifications and both rear brake drums beyond

7 maximum diameter specifications. The low-beam headlights had been adjusted by aiming the

8 right beam excessively low and the left beam excessively high. As configured by Bureau staff,

9 the vehicle could not pass a properly administered inspection of its lights or brakes. Respondent

10 Nguyen conducted an inspection of the vehicle's lights and brakes, and charged a fee for said

11 service, and issued Certificate of Adjustment Number regarding the brakes,

12 certifying under penalty of perjury that he had performed applicable inspection, adjustment or

13 repair of the vehicle as required by law. In actuality, the vehicle could not have passed the

] 4 inspection, as set forth above.

15 FIRST CAUSE FOR DISCIPLINE

16 (False/Misleading Statements - Station Licenses)

17 26. Respondent City Gilroy'S registration and licenses are ,subject to discipline under

18 Business and Professions Code section 9884.7(a)(I), and Health and Safety Code section

19 44072.2(d), and California Code of Regulations, Title 16, sections 3371 and 3373, in that

20 Respondent City Gilroy made false/untrue statements, which statements Respondent City Gilroy

21 knew or should have known to be false/untrue, in that it issued Brake Certificate of Adjustment

22 Number which falsely stated that the vehicle's brake systems were in compliance.

23 SECOND CAUSE FOR DISCIPLINE

24 (False/Misleading Statements - Individual Licenses)

25 27. Respondent Nguyen's licenses are subject to discipline under Business and

26 Professions Code sections 9889.3, subsections (a), (c) and (h), and 9889.16, and Health and

27 Safety Code section 44072.2(d), and California Code of Regulations, Title 16, sections 3321,

28 subsection (c)(2), in that Respondent Nguyen made false/untrue statements, which statements

10 ACCUSATION

1 Respondent Nguyen knew or should have known to be false/untrue, in that he issued Brake

2 Certificate of Adjustment Number , which falsely stated that the vehicle's brake

3 systems were in compliance.

4 THIRD CAUSE FOR DISCIPLINE

5 (Fraudulent Conduct - Station Licenses)

6 28. Respondent City Gilroy's registration and licenses are subject to discipline under

7 Business and Professions Code section 9884.7(a)(4), and Health and Safety Code section

8 440n.2(d), and California Code of Regulations, Title 16, section 3373, in that Respondent City

9 Gilroy made false/untrue statements, in that it issued Brake Certificate of Adjustment Number

10 which falsely stated that the vehicle's brake systems were in compliance.

11 FOURTH CAUSE FOR DISCIPLINE

12 (Departure from Trade Standards - Station Licenses)


14 Code section 9884.7(a)(7) in that it willfully departed from accepted trade standards for good and

15 workmanlike repair, in a material respect, which was prejudicial to another without consent of the

16 owner, in that Respondent City Gilroy failed to properly inspect the brake systems on the

17 undercover vehicle.

18 UNDERCOVER OPERATION TWO

19 30. On or about August 15, 2015, a Bureau undercover operator ("operator") drove a

20 1994 Toyota to City Gilroy Gas Station, LLC and requested a smog, brake and lamp inspection.

21 As part of the Bureau's documentation of the vehicle, Bureau staff had previously machined the

22 front brake rotors below minimum thickness specifications and both rear brake drums beyond


24 right beam excessively high and the left beam excessively low. As configured by Bureau staff,



27 service, and issued Certificate of Compliance Number regarding the brakes,


11 ACCUSATION

1 repair of the vehicle as required by law, and issued Certificate of Adjustment Number

2 regarding the lights, certifying under penalty of perjury that he had performed

3 applicable inspection, adjustment or repair of the vehicle as required by law. In actuality, the

4 vehicle could not have passed the inspections, as set forth above.

5 FIFTH CAUSE FOR DISCIPLINE




9 44072.2(d), and California Code of Regulations, Title 16, sections 3371 and 3373, in that


11 knew or should have known to be false/untrue, in that it issued Brake Certificate of Compliance

12 Number which falsely stated that the vehicle's brake systems were in compliance,

13 and Certificate of Adjustment Number , which falsely stated that the vehicle's lights

14 were in compliance.

15 SIXTH CAUSE FOR DISCIPLINE

16 (FalselMisleading Statements - Individual Licenses)



19 Safety Code section 44072.2(d), and California Code of Regulations, Title 16, sections 3316,

20 subsection (d)(2), and 3321, subsection (c)(2), in that Respondent Nguyen made false/untrue

21 statements, which statements Respondent Nguyen knew or should have known to be false/untrue,

22 in that he issued Brake Certificate of Compliance Number which falsely stated that

23 the vehicle's brake systems were in compliance, and Certificate of Adjustment Number

24 which falsely stated that the vehicle's lights were in compliance.

25 SEVENTH CAUSE FOR DISCIPLINE




12 ACCUSATION


2 Gilroy made falseluntrue statements, in that it issued Brake Certificate of Compliance Number

3 , which falsely stated that the vehicle's brake systems were in compliance, and

4 Certificate of Adjustment Number which falsely stated that the vehicle's lights were

5 in compliance.

6 EIGHTH CAUSE FOR DISCIPLINE



9 Business and Professions Code section 9884.7(a)(7) in that it willfully departed from accepted

10 trade standards for good and workmanlike repair, in a material respect, which was prejudicial to

11 another without consent of the owner, in that Respondent City Gilroy failed to properly inspect

12 the brake and light systems on the undercover vehicle.

13 UNDERCOVER OPERATION THREE

14 35. On or about January 7, 2016, a Bureau undercover operator ("operator") drove a 1997

15 Chevrolet to City Gilroy Gas Station, LLC and requested a smog, brake and lamp inspection. As

16 part of the Bureau's documentation of the vehicle, Bureau staff had previously machined the front

17 brake rotors below minimum thickness specifications and both rear brake drums beyond


19 right beam excessively high and the left beam excessively low. As configured by Bureau staff,



22 service, and issued Certificate of Compliance Number regarding the brakes,


24 repair of the vehicle as required by law, and issued Certificate of Compliance Number

25 regarding the lights, certifying under penalty of perjury that he had performed

26 applicable inspection, adjustment or repair of the vehicle as required by law. In actuality, the

27 vehicle could not have passed the inspections, as set forth above.

28 III

13 ACCUSATION

1 NINTH CAUSE FOR DISCIPLINE



4 Business and Professions Code section 9884.7(a)(l), and Health and Safety Code section

5 440n.2(d), and California Code of Regulations, Title 16, sections 3371 and 3373, in that


7 knew or should have known to be false/untrue, in that it issued Certificate of Compliance Number

8 which falsely stated that the vehicle's brake systems were in compliance, and

9 Certificate of Compliance Number which falsely stated that the vehicle's lights were

lOin compliance.

11 TENTH CAUSE FOR DISCIPLINE

12 (False/Misleading Statements - Individual Licenses)



15 Safety Code section 440n.2( d), and California Code of Regulations, Title 16, sections 3316,

16 subsection (d)(2), and 3321, subsection (c)(2), in that Respondent Nguyen made false/untrue

17 statements, which statements Respondent Nguyen knew or should have known to be false/untrue,

18 in that he issued Certificate of Compliance Number which falsely stated that the

19 vehicle's brake systems were in compliance, and Certificate of Compliance Number

20 which falsely stated that the vehicle's lights were in compliance.

21 ELEVENTH CAUSE FOR DISCIPLINE





26 Gilroy made false/untrue statements, in that it issued Certificate of Compliance Number

27 , which falsely stated that the vehicle's brake systems were in compliance, and

28 Certificate of Compliance Number which falsely stated that the vehicle's lights were

14 ACCUSATION

1 in compliance.

2 TWELFTH CAUSE FOR DISCIPLINE



5 Code section 9884.7(a)(7) in that it willfully departed from accepted trade standards for good and

6 workmanlike repair, in a material respect, which was prejudicial to another without consent of the

7 owner, in that Respondent City Gilroy failed to properly inspect the brake and light systems on

8 the undercover vehicle.

9 DISCIPLINE CONSIDERATIONS

10 40. In order to assist in ascertaining the appropriate discipline, Complainant alleges as

11 follows:

12 41. On or about July 3, 2015, Bureau staff inspected Respondent City Gilroy's facility.

13 The station inspection revealed deficiencies in equipment requirements and in proper procedures

14 for brake and lamp inspections. Bureau staff provided a written copy of their report to

15 Respondent Nguyen.

16 OTHER MATTERS

17 42. Pursuant to Code section 9884.7, subdivision (c), the Director may refuse to validate,

18 or may invalidate temporarily or permanently, the registrations for all places of business operated

19 in this state by Respondents, upon a finding that Respondents have, or are, engaged in a course of

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

21 dealer.

22 PRAYER

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

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

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

26 277366, issued to City Gilroy Gas Station, LLC, dba City Gilroy Gas Station, LLC, Hung Phuc

27 Nguyen, member, Ly Vu, Member;

28 2. Revoking or suspending Smog Check Station License Number RC 277366, issued to

15 ACCUSATION

Respondent City Gilroy;

2 3. Revoking or suspending Brake Station License Number BS 277366, Class C, issued

3 to Respondent City Gilroy;

4 4. Revoking or suspending Lamp Station License Number LS 277366, Class A, issued

5 to Respondent City Gilroy;

6 5. Revoking or suspending Smog Check Inspector License No. EO 302520, issued to

7 Respondent Nguyen;

8 6. Revoking or suspending Smog Check Repair Technician License No. EI 302520,

9 issued to Respondent Nguyen;

10 7. Revoking or suspending Brake Adjuster License No. BA 302520, issued to


12 8. Revoking or suspending Lamp Adjuster License No. LA 302520, issued to


14 9. Ordering Respondents to pay the Bureau of Automotive Repair the reasonable costs

15 of the investigation and enforcement of this case, pursuant to Business and Professions Code

16 section 125.3; and ,

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

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Chief Bureau of Automotive Repair Department of Consumer Affairs State of Cali fornia Complainant

16 ACCUSATION

D.bar.ca.gov/pdf/accusations/rc-277366_2016_12_8_16_acc.pdf2 2. On or about July 28,2014, the Bureau...

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