FINDINGS OF FACTbar.ca.gov/pdf/accusations/eo-635685_2017_08_21_dec.pdf · 2017-09-18 · 1 2 1....

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BEFORE THE

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9 DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

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12 In the Matter of the Accusation Against:

MASOUD YEKRANGI 13 dba M. SMOG CENTER

2241 Monument Blvd. # V & W 14 Concord, CA 94520

Automotive Repair Dealer No. ARD 279641 15 Smog Check, Test Only, License No. TC 279641

16 MASOUD YEKRANGI 3123 Pine Valley dr.

17 Fairfield CA 94534 Smog Check Inspector (EO) license No. E023945

18 YUSUF RA YHAT KHALID HUSSAIN

19 115 Frisbee St. Vallejo, CA 94590

20 Smog Check Inspector (EO) license No. E0634973

21 ERICK GARCIA 263 Enes Ave.

22 Bay Point, CA 94565 Smog Check Inspector (EO) license No. E0635685

23 MAX ANWAR ALI

24 1150 Virginia Ln. Apt. 26 Concord CA 94520

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Smog Check Inspector (EO) Hccnse Na. E0636716

Case No. 79115-19339

DEFAULT DECISION AND ORDER

[Gov. Code, §11520]

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FINDINGS OF FACT

On or about December 23, 2016, Complainant Patrick Dorais, in his official capacity

3 as the Chief of the Bureau of Automotive Repair, Department of Consumer Affairs, filed

4 Accusation No. 79/15-19339 against Masoud Yekrangi dba M. Smog Center; YusufRayat Khalid

5 Hussain; Max Anwar Ali; and Erick Garcia before the Director of Consumer Affairs. (The

6 Accusation is attached as Exhibit A.)

7 2. Masoud Yekrangi dba M. Smog Center has filed a Notice of Defense and is not a

8 party to this Default Decision and Order. YusufRayat Khalid Hussain is also not a party to this

9 default.

10 3. On or about April 4, 2014, the Director issued Smog Check Inspector License EO

11 636716 to Max Anwar Ali (Respondent Ali). Respondent Ali's Smog Check Inspector License

12 will expire on May 31,2018, unless renewed. The license was suspended on December 27,2016.

13 4. On or about June 27, 2013, the Director issued Smog Check Inspector License EO

14 635685 to Erick Garcia (Respondent Garcia). Respondent Garcia's Smog Check Inspector

15 License will expire on March 31, 2017, unless renewed. The license was suspended on December

16 27, 2016.

17 5. On or about December 30, 2016, Respondent Ali was served by Certified and First

18 Class Mail copies ofthe Accusation No. 79/15-19339, Statement to Respondent, Notice of

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

20 11507.6, and 11507. 7) at Respondent Ali's address of record which, pursuant to Business and

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

22 Respondent's address of record was and is:

23 1150 Virginia Ln. Apt. 26

24 Concord CA 94520

25 6. On or about December 30, 2016, Respondent Garcia was served by Certified and

26 First Class Mail copies ofthe Accusation No. 79115-19339, Statement to Respondent, Notice of

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

28 11507.6, and 11507.7) at Respondent Garcia's address of record which, pursuant to Business and

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DEFAULT DECISION & ORDER Case No. 79115-19339

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

2 Respondent's address of record was and is:

3 263 Enes Ave.

4 Bay Point, CA 94565

5 7. Service of the Accusation was effective as a matter of law under the provisions of

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

7 124.

8 8. Government Code section 11506( c) states, in pertinent part:

9 (c) The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense . . . and the notice shall be deemed a specific denial of all

10 parts of the accusation ... not expressly admitted. Failure to file a notice of defense . . . shall constitute a waiver of respondent's right to a hearing, but the agency in its

11 discretion may nevertheless grant a hearing.

12 9. Respondent Ali failed to file a Notice ofDefense within 15 days after service upon

13 them of the Accusation, and therefore waived their right to a hearing on the merits of Accusation

14 No. 79/15-19339.

15 10. Respondents Garcia failed to file a Notice of Defense within 15 days after service

16 upon them ofthe Accusation, and therefore waived their right to a hearing on the merits of

17 Accusation No. 79/15-19339.

18 11. California Government Code section 11520( a) states, in pertinent part:

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

22 12. Pursuant to its authority under Government Code section 11520, the Director after

23 having reviewed the proof of service dated December 30, 2016, signed by Bethsaida G. Rico,

24 (and return envelopes or USPS Track & Confirm Notice) finds Respondent Ali and Respondent

25 Garcia in default. The Director will take action without further hearing and, based on Accusation,

26 No. 79/15-19339, proof of service and on the Affidavit of Bureau Representative Gregory Bernes,

27 finds that the allegations in Accusation are true.

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1 DETERMINATION OF ISSUES

2 13. Based on the foregoing findings of fact, Respondent Garcia has subjected his Smog

3 Check Inspector (EO) license No. E0635685 to discipline.

4 14. Based on the foregoing findings of fact, Respondent Ali has subjected his Smog

5 Smog Check Inspector (EO) license No. E0636716 to discipline.

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

7 16. The Director of Consumer Affairs is authorized to revoke Respondent Garcia and

8 Respondent Ali's Smog Check Inspector licenses based upon the following violations alleged in

9 the Accusation which are supported by the evidence contained in the affidavit of Bureau

10 Representative Gregory Bernes in this case.:

11 a. Respondent Garcia subjected his Smog Check Inspector License to discipline under

12 Health and Safety Code sections 44072.10 and 44072.2, subdivision (d), in that he committed acts

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

14 certificates of compliance for vehicles without performing bona fide inspections of the emission

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

16 California of the protection afforded by the Motor Vehicle Inspection Program,

17 b. Respondent Garcia has subjected his Smog Check Inspector license to discipline

18 under Health and Safety Code sections 44072.10 and 44072.2, subdivisions (a) and (c), in that he

19 violated the following sections of that Code and applicable regulations: Sections 44012 and

20 44059 ofthe Health and Safety Code and sections 3340.24, 3340.30, 3340.41, and 3340.42

21 of title 16 of the California Code of Regulations. Respondent clean plugged several vehicles.

22 d. Respondent Ali subjected his Smog Check Inspector License to discipline under


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



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

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e. Respondent Ali has subjected his Smog Check Inspector license to discipline under

Health and Safety Code sections 44072.10 and 44072.2, subdivisions (a) and (c), in that he

violated the following sections of that Code and applicable regulations: Sections 44012 and

44059 of the Health and Safety Code and sections 3340.24, 3340.30, 3340.41, and 3340.42

of title 16 of the California Code of Regulations. Respondent clean plugged several vehicles.

ORDER

IT IS SO ORDERED that Smog Check Inspector (EO) license No. E0635685, heretofore

issued to Respondent Erick Garcia is revoked.

IT IS SO ORDERED that Smog Check Inspector (EO) license No. E0636716, heretofore

issued to Respondent Max Anwar Ali is revoked.

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

·written motion requesting that the Decision be vacated and stating the grounds relied on \Vithin

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

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

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

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

This Decision shall become effective on l~i.AjUSI c2~ ()0/?l It is so ORDERED Jv/i/ /5, -z-,) )f

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RY AN)1ARCROFT Beputy Director

24 41718557.DOC

Division of Legal Affairs Department of Consumer Affairs

DOJ Matter ID:SF20 16900498

25 Att<Jchment:

26 Exhibit A: Accusation

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5 DEFAULT DECISION & ORDER Case No. 79115- I 9339

Exhibit A Accusation

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KAMALA D. HARRIS Attorney General of California FRANK H. PACOE Supervising Deputy Attorney General JUSTIN R. SURBER Deputy Attorney General

455 Golden Gate A venue, Suite II 000 San Francisco, CA 94102-7004 Telephone: (415) 355-5437 Facsimile: (41 5) 703-5480

Attorneys for Complainant Bureau of Automotive Repair

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REP AIR STATE OF CALIFORNIA

In the Matter of the Accusation Against:

MASOUD YEKRANGI dba M. SMOG CENTER 2241 Monument Blvd.# V & W Concord, CA 94520 Automotive Repair Dealer No. ARD 279641 Smog Check, Test Only, License No. TC 279641

MASOUD YEKRANGI 3123 Pine Valley dr. Fairfield CA 94534 Smog Check Inspector (EO) license No. E023945

YUSUF RAYHAT KHALID HUSSAIN 115 Frisbee St. Vallejo, CA 94590 Smog Check Inspector (EO) license No. E0634973

ERICK GARCIA 263 Enes Ave. Bay Point, CA 94565 Smog Check Inspector (EO) license No. E0635685

MAX ANWAR ALI 1150 Virginia Ln. Apt. 26 Concord CA 94520

Smog Check Inspector (EO) license No. E0636716

Respondents.

Complainant alleges:

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Case Number: 79 ~..) -j9'J...Jy

A C C U S A T I 0 11N~ ~ w Sfn~ VI-c~

ACCUSATION

PARTIES

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

3 the Chiefofthe Bureau of Automotive Repair, Department ofConsumer Affairs.

4 Automotive Repair Dealer Registration

5 2. On or about l"vlarch 18. 2015, the Bureau issued Automotive Repair Dealer

6 Registration Number ARD 279641 ( .. Registration··) to Masoud Yckrangi("Respondent

7 Y ckrangi") doing business as )VI. Smog Center. The registration was in full Ioree and effect at all

8 times relevant to the charges brought herein and will expire on March 31,2017, unless renewed.

9 Smog Check Test Only Station License

10 ., .). On or about April 9, 2015, the Bureau issued Smog Check Station License Number

11 TC 279641 ("smog station license'") to Respondent Yekrangi. The smog station license was in

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

13 31, 2017, unless renewed.

14 Smog Check Inspector Licenses

15 4. In or about 2003, the Director issued Advanced Emission Specialist Technician

16 License Number EA 23945 to Respondent Y ekrangi. Respondent Y ekrangi 's advanced emission

17 specialist technician license was clue to expire on August 31, 2013, however, \vas cancelled on

18 August 30,2013. Pursuant to California Code of Regulations, title 16, section 3340.28,

19 subdivision (e), the license was renewed, pursuant to Respondent's election, as Smog Check

20 Inspector License cO 23945. Respondent Yekrangi's Smog Check Inspector License \Viii expire

21 on August 31. 2017, unless rene\ved. 1

22 5. On or about November 26, 2012, the Director issued Smog Check Inspector License

23 EO 634973 to Yusaf Rayhat Khalid I lussain (Respondent Hussain). Respondent Hussain's Smog

24 Check Inspector License \Viii expire on December 31. 2016. unless renewed.

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I FJ!ective i\UC?,LIS[ 1. 2012. California Code or ReQulations, title 16. section 3340.28. 3340.29 and 3340.30 ~~ere amended tu imple111cnt a liccn;c restructure from the Advanced Emission Specialist Technician([/'\) license and Basic /\rca (E8) Technician license to Smog Check Inspector (FO) license and and/or Smog Check Rc.'pair Technician (Fl) license.

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6. On or about April 4. 2014. the Director issued Smog Check Inspector License EO

2 636716 to Max Anwar /\li (Respondent i:\li). Respl1m.lent Ali's Smog Check Inspector License

3 will expire on tvlay 31, 2018, unless renewed.

4 7. On or about June 27. 2013. the Director issued Smog Check Inspector License EO

5 635685 to Erick Garcia (Respondent Ciarcia). Respondent Garcia·s Smog Check Inspector

6 License will expire onl\'1arch 31. 2017.unless renewed.

7 8. "Respondents'· shall refer to Respondents \'ekrangi, Hussain. Ali and Garcia

8 collectively.

9 JURISDICTIOl\

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

11 Affairs (Director) for the Bureau of Automotive Repair. under the authority of the follovv·ing laws.

12 STATUTORY Al\'D REGULATORY PROVISIONS

10. Section 9884.7 ofthe Business and Professions Code ('·Code") states. in pertinent

14 part:

15 (a) The director, \\here the automotive repair dealer cannot show there was a bona fide

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

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

18 automotive repair dealer. \\'hich are done by the automotive repair dealer or any automotive

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

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

21 or oral which is untrue or misleaclinu. :mel\\ hich is known. or which bv the exercise of reasonable ~ "

22 care should be known. to be untrue or misleading.

24 (4) Any other conduct th~lt COI1stitutt'~ rraud.

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26 (6) Failure in any material respect to comply \\ith the provisions of this chapter or

27 regulations adopted pursuant to it.

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(c) Notw-ithstanding subdivision (b). the director may suspend. revoke. or place on

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

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

4 and willful violations ofthis chapter. or regulations adopted pursuant to it.

5 II. Code section 9884.13 provides. in pertinent part. that the expiration of a valid

6 registration shall not deprive the director or chief o!'jurisdiction to proceed with a disciplinary

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

8 temporarily or permanently.

9 12. Section 44002 ofthe Health and Safety Code provides, in pertinent part, that the

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

11 the fV!otor Vehicle Inspection Program.

12 13. Section 44012 of the H ca I th and Safety Code requires that tests at smog check

13 stations be performed in accordance with procedures prescribed by the department.

14 14. Scction44059 ofthe Health and Safety Code states, in pertinent part:

15 "The willful making of any f~dse statement or entry with regard to a material matter in any

16 oath, affidavit, certificate of compliance or noncompliance, or application form which is required

17 by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business

18 and Professions Cock, constitutes pet:jury and is punishable as provided in the Penal Code.''

19 15. Section 44072.2 of the Health and Safety Code states, in pertinent part:

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

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

22 following:

23 (a) Violates ~1ny section or this chapter and the regulations adopted pursuant to it. which

24 related to the licensed activities.

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20 (c) Violates any or the regulations adopted b~· the director pursuant to this chapter.

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

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

,., activity for which he or she is licensed.

3 16. Section 44072.6 of the I kalth and Safety Cock provides. in pertinent part that the

4 expiration or suspension of a license by operation of law. or by order or decision of the Director

5 of Consumer Affairs. or a court or Ia w. or the voluntary surrender of the I iccnsc shall not deprive

6 the Director ofjurisdiction to proceed with disciplinary action.

7 17. Section 44072.8 of the Health and Safety Code states:

8 When a license has been revoked or suspended follO\ving a hearing under this article, any

9 additional license issued under this chapter in the name of the licensee may be likewise revoked

1 0 or suspended by the director.

11 18. California Code of Regulations. title 16. section 3340.24. states:

12 ·' ... (c) The bureau may suspend or revoke the license of or pursue other legal action

13 against a licensee, if the licensee falsely or fraudulently issues or obtains a certificate of

14 compliance or a certincate of noncompliance .....

15 19. California Code of Regulations. title 16. section 3340.30, states, in pertinent pmt:

16 A licensed smog check inspector and/or repair technician shall comply with the following

17 requirements at all times while licensed:

18 (a) Inspect, test and repair vehicles. as applicable, in accordance vvith section 44012 of the

19 Health and Safety Code. section 44035 of the Health and Safety Code, and section 3340.42 of this

20 article.

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,.,,., 20. Calif~m1ia Code or Regulations. title 16. section 3340.-t l(c). states:

"No person shall enter into the emissions inspection system ~my vehicle identification

24 informCltion or emission control system identification clat3 for any vehicle other than the one

being tested. Nor shall any person kno\\ingly enter into the emissions inspection system any false

26 information about the vehicle being tested ...

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21. California Code o!' Regulations. title 16. section 3340.42, states. in pertinent part that

2 "Smog check inspection methods arc prescribed in the Smog Check fvlanual. referenced by

3 section 3340.45."

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

5 (a) All Smog Check inspections shall be pcrl\.>rmed in accordance with requirements and

6 procedures prescribed in the 1\.)llowing:

7 (I) Smog Check Inspection Procedures .ivlanual. dated August 2009, which is hereby

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

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

10 manual shall become effective on or after January I. 20 I3.

II FACTUAL SUl\'llVIARY

12 ')'"' __ ). On :tv! arch 9. 20 I 5, the Bureau implemented a statewide regulatory change requiring

13 the use ofthc On Board Diagnostic Inspection System (BAR-OIS) instead ofthe Emission

14 Inspection System (EIS) for the smog testing of 2000 model year and newer gas powered and

I 5 hybrid vehicles.

16 24. The new l3AR-OIS smog inspection uses a Data Acquisition Device (DAD), a

17 computer, a bar code scanner, and printer. The DAD is a scan tool that retrieves data from a

18 vehicle's On Board Diagnostic-generation ll (0130 II) computer. The DAD connects the BAR

I9 OIS computer to the vehicle's diagnostic link connector (DLC) to retrieve the data from the

20 vehicle. The bar code scanner is used tu input technician information. the vehicle identification

21 number (YIN), and DMV renewal information. The printer is used to print Vehicle Inspection

22 Reports.

Data retrieved and recorclccl cluri ng a 8/\R -0 IS smog check inc I udes: the e V IN,

24 which is the digitally stored YIN pwgralllmed into the \chicle's Powertrain Control Module

(PCi"vl): the communication protucul. which is the manufacturer/\lchicle"s specilic "language" the

26 PCVI uses to relay information: amlthc number or Parameter ldcntil~cations (P!Ds), which is the

27 number ofspecilic data values e1ch PCivl u~es rebtcd to emissions controls.

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,\CCtfSATION

26. As p<trt ofthc F3AR-OfS smog inspections. the technician also performs a visual <tnd

2 functional test on the vehicle being inspected. The \isu::!l inspection of the emission control

3 components verifies the required emission control devices are present and properly connected and

4 a functional test is performed of the malfunction indicator light (lvllL). The BAR-OIS sothvare

5 makes the determination whether or not the vehicle passes the inspection based on the results or

6 the OF3D, visual and runctional tests. If the \chicle passes the inspection a certificate of

7 compliance is issued. The inf'omwtiun from the smog inspection is then transmitted to the

8 Vehicle Information Data (VJD).

9 27. The Bureau can access the V!D to view test data on smog check inspections

1 0 performed at any Smog Check Station. or search for. retrieve. and print a test record for a

II particular vehicle \Vhich has been tested.

12 28. The Bureau has become a\\'arc t)l. several methods used by Smog Check stations and

!3 Smog Check technicians to issue improper/fraudulent smog certificates of compliance. One

!4 method is known as clean plugging. Clean plugging involves using another vehicle's properly

15 functioning OBD II system, or another source, to generate passing diagnostic readings for the

16 purpose of issuing fraudulent smog Certificates of Compliance to vehicles that arc not in smog

17 compliance and/or arc not present for testing.

1 R 29. The Bureau initiated an investigation of Respondent Yekrangi's smog station, ivl.

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Smog Center. Beginning on or about October 22, 2015 and continuing unti I about May 2, 2016,

Respondents2 were found to have performed ten fraudulent smog inspections using clean-

plugging methods. Clean-plugging is the practice of testing one OBD ll system (a system that

would pass the smog inspection). f\x the purpose o!' !'raudulently issuing a smog certii~eate of

compliance to another vehicle that would not pass the smog inspection and/or is not present for

testing. The \chicle receiving the ccnillcatc o!'compli,mce is nut c!Ctually tested during the smog

inspcctic>n.

2 Respondents 1-lus~:ain. Ali ,md ()arci'l performed the smog tests on behalf of Respondent Yekrangi.

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30. ,L\ Bureau representati\·e revie\\ed data for vehicles inspected by Respondents

2 Hussain. Ali and Garcia and certified by Respondent Yekrangi. The data revealed that the ten

3 vehicles that were purportedly tested by Respondents were not and could not have been

4 connected to the DAD when they were being certified because the OBD-11 data purportedly

5 actua II y transmit ted by those vchic les could not h<l ve been transm ittcd by those vehicles.

6 31. Respondents clean plugged and issued f!·audulcnt certificates of compliance to the

7 following ten vehicles:

8 a) Clean Plug# l - 2000 Toyota Corolla. Performed by Respondent Hussain

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10 Certificate # I eVIl\ • Prutocul PID count PY498493C Fraudulent I GSZK5270 I Z353581 .JVPWI850 17

II Passing l

Inspection 12 ( l 0/22/20 J 5) !

Expected Not Reported . 1914 16 13 OBDU Value I

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15 b) Clean Plug #2 --200 I Volkswagen New Beetle GLS. Performed by Respondent Hussain

16 Certificate# eVlN Protoco I l PJD count

17 PY649615C I

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Fraudulent I G8ZK5270 1723 7264 JVPW 1850 lu Passin!! I

Inspection I I (I 0/24/20 1 5) I

Expected Not Reported i 1914 /1815 OBDII Value l

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'1'1 c) Clean Plug #3- 2001 Ford Cconoline E 150, Performed by Respondent Ali

24 Certificate# eV!N i Protocol I PID count I

PY77893SC l ; I Fraudulent 1 CSZK5270 1Z23 72fi4 .IVPW 1850 17 Passing Inspection

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( 11/02/20 15) I Expected I FTRL: 1422 I I 113.24 753 /.IP\Vfvl 20 OLlDII Value

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Clean Plug #4- 2004 Nissan Frontier. Performed by Respondent Ali

Certificate# PY939768C Fraudulent Passing Inspection (11/05/2015)

eVIN I Protocol

1 Flv!ZU72K92UD57641 .IPWM 1850

Expected Not Reported I 1914

PID

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OBD!l Value '--'------'-------'---~___l ___________ j ________ _c__

count

Clean Plug #5- 2001 Toyota Tundra/SR5. Performed by Respondent Ali

Certificate !-! PY939778C Fraudulent Passing Inspection

I l I /06/20 J 5)

eVIN 1 Prutucol I I

l FMZU72K92UD57641 JPWivl l 850

Expected Not Reported !914 · OBDIT Value

PID

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Clean Plug #6- 2004 Dodge Neon/SE. Performed by Respondent AI 1

Certificate # QA124353C Fraudulent Passing Inspection 11109/2015)

Expected 08011 Value

eVIN Protocol PID

J FMZU72K92UD576:f J I JP\Vivll850

J R3ES26CX4D58991.~ .IVP\V " _)

count

count

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Clean Plug #7- 20 J 0 Ford Crown Vic Police lntcplL Performed by R esponclent C!arcia

) count Certificate# I eVIN Protocol Plf ZB 163045( I Fraudulent I Not Reported l9T 4080l)- I 21 Passing I I Inspection I I (03/29/:?.0J(i) ---:-=-

Ex pee ted -- 2 FJ\13J-l7f~ vs/\x-ToTT:20-IC~\ J\TTbD ___ 147 OBD!l Value

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h) Clean Plug #8- 2007 fvlercc:dcs-Lknz \11350. Pcrt'cmncd by Respondent Garcia

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Ccrti !!cate # ZI3566767C Fraudulent Passing Inspection (04/06/20 16)

eVIN

1\' ot Reported

I Protocol

19140808

Expected 4JCBB86E27A 16268.-J. 1 !CAN II bt5 OBDII Value 1

PID count

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Clean Plug #9- 2004 Ford Ranger. Performed by Respondent Garcia

Clean Plug# 10- 2000 Toyota Tundra. Performed by Respondent Garcia

Certi ficatc # ZD429970C Fraudulent Passing Inspection (05/02/20 16)

cVIN

1 G8ZK5270 17353581

! Protocol i \

' .JVP\V 1850

Expected Not Reported 1914 OBD!l Value

FIRST CAUSE FOH DISCIPLINE

(0lislcading Statements- Registration)

PID count

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24 :12. Respondent Yekrangi has subjected his registration to discipline under Code sections

25 494 and 9884.7. subdivision (a)( I). in tlwt he made st~1tcments which he knew or which by

26 exercise ot' reasonable em:: he should have kilO\\ n \\ere untrue 01· mislcacling. as set forth above in

27 paragraphs 29-J I. above. f(espnmlcnts rraudulcntly purported to test tlw I 0 vehicles. and

28 certified that tht: I() vehicles JXlssed inspection :ll1d \\ere in compliance with 8pplicnble b\\'s and

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regulations. In f~lcL Respondents conducted the inspectiuns un those vehicles using clean-

pI uggi ng methods.

, _) SECOND CAUSE FOR DISCIPLII'\E

4 (Fraud- Registration)

5 33. Respondent Yekrangi has subjected his registration to discipline under Code sections

6 494 and 9884.7, subdivision (a)(cl). in that he committed acts \Yhich constitute fraud, as set forth

7 above in paragraphs 29-3 I, above.

8 THIH.D CALSE FOR DISCIPLINE

9 (Violation of the \'lotor Vehicle Inspection Program- Smog Station License)

10 34. Respondent Yekrangi has subjected his station license to discipline under Health and

I 1 Safety Code sections 44072.10 and 44072.2. subdivisions (a) and (c), in that he violated sections

12 of that Code and applic<1ble regul<1tions. as set forth abc1ve in paragr<1phs 29-31, as follows:

I 3 a. Section 44012: Respondent Yekrangi L1ilccl to ensure that the emission control tests

14 \\'Cl'e performed on those vehicles in <1ccorcbnce \\ ith procedures prescribed by the department.

15 b. Section 3340.24, subdivision (c): Respondent Yekrangi falsely or fraudulently

16 issued electronic certificates of compliance ror those vehicles without performing bona fide

I 7 inspections of the emission control devices and systems on the vehicles as required by Health and

18 Safety Code section 44012.

19 c. Section 3340.42: Respondent '{ckrangi f~1iled to conduct the required smog tests and

20 inspections on those \"Chicles in accordance with the Bureau's spccitications.

21 FOURTH CAUSE FOR DISICPLINE

22 (Dishonesty, Fraud or Deceit- Smog Station License)

23 35. Respondent Yckrangi subjected his st~1tion license to discipline under Health and

24 Safety Code sections 4~072.1 ()ami 4~072.2. subdivision (d). in that he committed acts involving

dislwnesty. fraud or deceit. \\hereby another was injured by issuing electronic certilicates or

26 compli::~ncc f(x \chicles witlwut pcriCmning bona liclc i11spcctions of the emission control devices

27 and systems on the \chicles. then:hy dcpri\ ing the People oi' the State of California of the

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protection afforded by the i'vlotor Vehicle Inspection Program. as set fonh above in paragraphs

2 29-31. above.

3 FIFTH CAl;SE FOR DISCIPLINE

4 (Violation of the Motor Vehicle Inspection Program- Smog Check License)

5 36. Respondent Yekrangi has subjected his Smog Check Inspector License to discipline

6 umlet' Health and Safety Code sectiuns 4-4072.10 and 44072.2. subdivisions (a) and (c). in that he

7 violated sections of that Code and applicable regulations. as set forth above in paragraphs 29-3 I,

8 as follows:

9 a. Section 44012: Respondent Yekrangi f~1ilccl to ensure that the emission control tests

I 0 were performed on those vehicles in nccordance with procedures prescribed by the department.

11 b. Section 3340.24, subdiYision (c): Respondent Yekrangi 1~dse1y or fi·audulently

12 issued electronic certincates of compliance for those vehicles without performing bona fide

13 inspections of the emission control devices and systems on the vehicles as required by Health and

14 Saf'cty Code section 44012.

15 c. Section 3340.42: Respondent Yekrangi failed to conduct the required smog tests and

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

17 SIXTH CAUSE FOR DISCIPLINE

18 (Dishonesty, Fraud or Deceit- Smog Check License)

19 37. Respondent Yekrangi subjected his Smog Check Inspector License to discipline

20 under Health and Safety Code sections -1-4072.10 ancl...J-4072.2. subdivision (d), in that he

21 committed acts involving dishonesty. fraud or deceit, \>.·hereby another was injured by issuing

II c lcctronic certi ficatcs of com pl iancc for vehicles without performing bona tide inspections of' the

emission control devices and systems on the \'chicles, thereby depriving the People of' the State of

24 Ca1ifcm1ia or the protection afforded by the \'lutor Vehicle Inspection Program. as set forth above

in paragr:-~ph 29-J I.

26 ill

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I I /

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SEVENTH CAUSE FOR DISCIPLINE

2 (Violations of the Motor Vehicle Inspection Program- Smog Check License)

3 38. Respondent Hussain has subjected his Smog Check Inspector license to discipline

4 under Health and Safety Code sections 44072.10 and 44072.2. subdivisions (a) and (c), in that he

5 violated sections of that Code and applicnbk regulations. as set forth above in paragraphs 29-31.

6 as follows:

7 a. Section 44012: Respondent Hussain failed to ensure that the emission control tests

8 were per!~m11ed on those vehicles in accorcbnce with procedures prescribed by the department.

9 b. Section 44059: Respondent Hussain willfully made Elise entries for the electronic

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

11 in fact, they had not.

12 c. Section 3340.24, subdivision (c): Responclentllussain t~dsely or fraudulently issued

13 electronic certii~cates of compliance fur those vehicks without perrorming bona fide inspections

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

15 Code section 44012.

16 d. Section 3340.30, subdivision (a): Respundentllussain railed to inspect and test

17 those vehicles in accordance with Health and Safety Code section 44012 and California code of

18 Regulations title 16, section 3340.42.

19 e. Section 3340.41, subdivision (c): Respondent Hussain entered vehicle identification

20 information for a vehicle other than the one being tested into the emissions inspection system.

21 Respondent Hussain knowingly entered raise inJormation about the vehicle being tested into the

22 emissions inspection system.

')" __ ) Section 3340.42: Respondent Hussain t'aikclto conduct the required smog tests and

24 inspections on those vehicles in accordance \\'ith the F:3urcau·s specifications.

25 EIGHTH CAUSE FOR DISCTPLTNI<:.

26 (Dishonesty, Fraud o1· Deceit- Smog Check License)

27 39. Respondent Hussain subjected his Smog Check Inspector License to discipline under

2R Health and Safety Code sections 44072.10 and 44072.2. subdivision (d). in that he committed acts

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,\CCl'S,\ci.!Oi\

involving dishonesty. fraud or deceit. whereby am1thcr \Vas injured by' issuing electronic


3 control devices and systems on the vehicles. thereby depriving the People of the State of

4 California of the protection afforded by the ivlotor Vehicle Inspection Program, as set forth above

5 in paragraphs 29-31.

6 NINTH CAUSE FOR DISCIPLINE


8 40. !Zespondent ;\I i has subjected his Smog Check Inspector license to discipline under

9 Health and Safety Code sections 44072.10 and 44072.2, subdivisions (a) and (c), in that he

10 violated sections of that Code and applic~1ble regulations, as set forth above in paragraphs 29-31.

II as follows:

12 a. Section 44012: Respondent ;\li failed to ensure that the emission control tests were

13 performed on those vehicles in accordance with procedures prescribed by the department.

14 b. Section 44059: Respondent Ail \villfully made false entries for the electronic

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

16 in fact, they had not.

17 c. Section 3340.24, subdivision (c): Respondent Ali falsel.Y or fraudulently issued

18 electronic certificates of compliance for those vehicles without performing bona fide inspections

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

20 Code section 440 12.

21 d. Section 3340.30, su bel ivis ion (a): Respondent A I i t8 i led to inspect and test those

11 vehicles in accordance with Health and Safety Code section 44012 and California code of

23 Regulations title 16, section 3340.42.

24 e. Section 3340.41, subdivision (c): Respondent Ali entered vehicle identification

information for a vehicle other than the one being tested into the emissions inspection system.

26 Respondent Ali knowingly entered false information about the vehicle being tested into the


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:\.CCL':)/\TJCJ>{ 1

f. Section 3340.42: !ZL:sponclent Ali 1~1ilcd to conduct the required smog tests and

1 inspections on those vehicles in accordance with the Bureau·s specifications.

3 TENTH CAUSE FOR DISCIPLINE

4 (Dishonesty, Fraud or Deceit- Smog Check License)

5 41. Respondent Ali subjected his Smog Check Inspector License to discipline under

6 Health and Safety Code sections 44072.10 and 44072.2. subdivision (d). in that he committed acts

7 involving dishonesty. fraud or deceit. whereby another was injured by issuing electronic


9 control devices and systems on the vehicles. thereby depriving the People of the State of

10 California of the protection afforded by the Motor Vehicle Inspection Program, as set forth above


I 2 ELEVENTH CAUSE FOR DISCIPLINE


14 42. Respondent Garcia has sub_jected his Smog Check Inspector license to discipline

15 under Health and Safety Code sections 44072.10 and 44072.2, subdivisions (a) and (c), in that he

16 violated sections of that Code and applicable regulations. as set forth above in paragraphs 29-31,

17 as follows:

18 a. Section 44012: Respondent Garcia failed to ensure that the emission control tests

19 vvere performed on those vehicles in accordance with procedures prescribed by the department.

20 b. Section 44059: Respondent Garcia \\illf'ully made false entries for the electronic

21 certificates of compliance by certifying that those \'chicles had been inspected as required when,

22 in fact. they had not.

c. Section 3340.24, subdivision (c): Respondent Carcia falsely or fraudulently issued

24 electronic certificates ol' compliance for those vehicles \\'ithout performing bona fide inspections

25 ofthc emission control devices and systems on the vehicles as required by Health and Safety

26 Code section 44012.

27

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d. Section 3340.30, subdivision (a): Respondent Garcia railed to inspect and test those

2 vehicles in accordance with Health and Safety Code section .:J.40 12 and California code of

Regulations title 16. section 3340.42.

4 e. Section 3340.41, subdivision (c): Respondent Garcia entered vehicle identification

5 information for a vehicle other than the one being tested into the emissions inspection system.

6 Respondent Ciarcia knowingly entered l"alse inl'ormatiun about the vehicle being tested into the


8 e. Section 3340.42: Respondent ()arcia l~liled to conduct the required smog tests and

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

10 TWELFTH CAUSE FOR DISCIPLI:"lE

II (Dishonesty, Fraud or Deceit- Smog Check License)

12 43. Respondent Garcia subjected his Smog Check Inspector License to discipline under


14 involving dishonesty. fraud or deceit. whereby another was injured by issuing electronic



17 California of the protection afforded by the tvlotor Vehicle Inspection Program, as set forth above


19 OTHER lVIATTERS

20 44. Pursuant to Code section 9884.7, subdivision (c). the Director may suspend, revoke,

21 or place on probation the registration Cor all places of business operated in this state by

I') Respondent Yekrangi, upon a nncling that Respondent Yekrangi has. or is, engaged in a course of

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

24 dealer.

25 45. Pursuant to llealth & Safety Code section 44072.8, iflZesponclent Yckrangi's Station

26 License is rn'okccl or suspended. any additiDIWI license issued under chapter 5 oJ'thc Motor

27 Vehicle Inspection Program in the name o!'said lice!Jsce may be likewise revoked or suspended

28 by the director.

I (i

,-\CCUS/\ TIO:\.

46. Pursuant to Health & Sai'ety Code section 44072.8. if Respondent Yekrangi's Smog

2 Check Inspector License is revoked or suspended. any additional license issued under chapter 5 of

3 the rv!otor Vehicle Inspection Program in the name of said licensee may be likewise revoked or

4 suspended by the director.

5 47. Pursuant to Health & Safety Code section 44072.8, ifRespondent Hussain's Smog

6 Check Inspector License is revoked or suspended, any aclclitionalliccnse issued under chapter 5 of

7 the ivlotor Vehicle Inspection Program in the name or s::~id licensee may be likewise revoked or


9 48. Pursuant to Health & Safety Code section 44072.8, if Respondent Ali's Smog Check

10 Inspector License is revoked or suspended. any additional license issued under chapter 5 of the

11 Motor Vehicle Inspection Program in the name of said licensee may be likewise revoked or


13 49. Pursuant to Health & Safety Code section 44072.8, if Respondent Garcia's Smog

14 Check Inspector License is revoked or suspended, any additional license issued under chapter 5 of

15 the Motor Vehicle Inspection Program in the name of snicllicensee may be likewise revoked or


17 PRAYER

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

19 and that following the hearing, the Director of Consumer Afi'airs issue a decision:

20 1. Revoking or suspending Automotive Rcpnir Dealer Registration Number ARD

21 279641, issued to Masoud Yekrangi elba !vi. Smog Center;

22 2. Revoking or suspending Smog Check Test Only Station License Number TC

279641 issued to iVIasoud Y ekrangi elba M. Smog Center;

24 Revoking or suspending Smog Check Inspector License EO 23945, issued to

25 ivlasoucl Yekrangi:

26 4. Revoking or suspending an:.· additional;\utomotive Repair Dealer Registration,

27 Smog Check Station License, Smog Check Inspector License, or Smog Check Repair Technician

28 license, issued to tv!asoud Yekrangi:

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II ACCl;S,.\TfC)l\ 1

5. Ordering ivlasuud \'ekrangi to pay the Bureau of !\utomotive Repair the

2 reasonable costs of the investigation and enforcement ofthis case. pursuant to Business and

3 Professions Code section 125.3:

4 6. Revoking or suspending Smog Check Inspector License EO 634973 issued to

5 \'usaf Rayhat Khalic! I Iussain:

6 7. Revoking or suspending any additional Smog Check Station License. Smog Check

7 Inspector License. or Smog Check Repair Technician License, issued to YusafRayhat Khalid

8 Hussain;

9 8. Ordering Yusaf Rayhat Khalid llussain to pay the Durcau of Automotive Repair

10 the reasonable costs of the investigation nnd enforcement of this case, pursuant to Business and

1] Professions Code section 125.3:

12 9. Revoking or suspending Smog Check Inspector License EO 636716 issued to Max

13 ;\nwar Ali:

14 10. Revoking or suspending any additional Smog Check Station License. Smog Check

15 Inspector License, or Smog Check Repair Technician License, issued to rvlax i\nwar A.li;

16 11. Ordering Ivla~ Anwar .Ali to pay the Bureau of' Automotive Repair the reasonable

17 costs of the investigation and enforcement of this case, pursuant to Business and Professions

18 Code section 125.3:

19 12. Revoking or suspending Smog Check Inspector [,iccnsc EO 635685 issued to

20 Erick Garcia;

21 13. Revoking or suspending any additional Smog Check Station License, Smog Check

22 Inspector License. or Smog Check Repair Technician l .icense. issued to Erick C1arcia:

1-:J.. Ordering L::rick (jarcia to pay thL' Hurcau or Automotive Repair the reasonable

24 costs of the investigation and enforcement of' this case. pursuant to Business and ProCessions

25 Code section 125 J;

26 !/I

27 I I.' I/,'

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15. Taking such other and further action as deemed necessary and proper.

DATED: ~e_ce)n~ Z3 Zoic:

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PATRICK DORAIS Chief Bureau of Automotive Repair Department of Consumer Affairs State of California Complainant

ACCUSATION

FINDINGS OF FACTbar.ca.gov/pdf/accusations/eo-635685_2017_08_21_dec.pdf · 2017-09-18 · 1 2 1....

Documents

Transcript of FINDINGS OF FACTbar.ca.gov/pdf/accusations/eo-635685_2017_08_21_dec.pdf · 2017-09-18 · 1 2 1....