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K,\,\1,\1.\ D. I L\RRIS

Attorncv Cicncralni" Califnrnia FR,\t\t( 1-1. i'ACOF Supervising Depuly At! orne~: Gcnt_:ra\ M ICt t,\El. 13. FRANKLIN Deputy Attorney Ciencr;d State Bar No. U11524

455 Golden Gate Avenue, Suite IlOilO Snn Frclllcisco. CA 94102-711114 Telephone: (c\15) 703-5h22 Facsimile: (415) 7113-5480

Atlome\'S j{!r Colllf!luinunl

BEFORE THE

9 DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

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In the Matter ol' the Accusation Ag<tinst:

MD SMOG CHECK JENNY Tl~N, OWNER 193 Barnard Ave .. Suite tiN San Jose, CA 95125

Automotive Repair Dealer Registration No. ARD 280290 -Smog Check Station License No. TC 280290,

HUNG PHI NGUYEN 17 3570 El Camino Real

Santa Clara. CA 9'i051 IS

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Smog Check Inspector (EO) License No. 153903 Smog Check Repair Technician (El) License No. I 53903 (formerly EA 153903 ),

Respondents.

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23 Complainant alleges:

, . .., 'd \ c:, .. I I q tCj Case No.

ACCUSATION

24 PARTIES

25 1. Patrick Dnr;1i~ (Cnmpl<1inan!) bring~ this Accu~ation snkly in his official capacity as

26 tht: Chief of the Bureau of Automotive Repair (Bureau)_ Dcp:trtment or Consumer Affairs.

27 Ill

21:) Ill

(fvlD Smng C'hL'ck) i\C'CUS/\TION

1 Automotive Repair Dealer Registration

2 On or <~bout May -'0, :'II 15, the Bureau issued Automotive Rcp<~ir Dealer Registration

J Number i\RD 200290 ("·Registration") tc1 .JennY Tr<~n (""Respondent Tran") doing business as MD

4 Smog Check. The Automotive Rcp<~ir Dealer Registrcrtiun w<~s in full J"urce <~ncl cfkct <~I <ill times

5 relevant to the chcnge~ brought hen:in and will expire t)il Ma; 31, 2011). unless renewed.

(J Smog Check Test Only Station License

7 3. On or about June 16, 21115. the l3urcau issued Smog Check, Test Only, Station

::; License Number TC 2t:>02lJO ("smog station license") to Respondent Trar1. The smog station

<) license was in full force and effect crt all times rclev<~ntto the ch<~rges brought herein ancl will

1 () expire on May 31, 211 l S, unless renewed.

II STAR Station License

12 4. On or about August 3. 20 l:'i, MD Smog Check was certified as a STAR Station by the

13 Bureau. The certificate will remain active unless the Registration and/or the Station License is

14 revoked, ctncclecl, or the licenses become clelinqucnt or the STAR Station certification is

15 invalidated.

16 Smog Check License

17 5. In or about 2006, the Bureau issued ArJvanccd Emission Specialist Technician

18 Licen>c' Number Ei\ 153903 to Hung Phi Nguyen (Respondent Nguyen). Respondent Nguyen's

19 advanced emission specialist technician license was due to expire on November 30, 2012,

20 however, it was cancelled on October 22,2012. Pursuant to California Code of Regulations, title

21 16, section :\340.21-:, subdivision (e), the license w;rs renewed, pursuant to Respondent Nguyen's

22 election. as Smog Check Inspector License EU l5:ilJtn and Smog Check Repair Technician

23 License El l:i3lJII3. Respondent Ngu,cn's Smog Check lnspcctor License ancl Smog Check

24 Repair Technician License expired on November 30. 20lh .. and has not been renewed. 1

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----------1 Ellcctivc Augu~t 1,:2012. C~tlifornia Code of Regulations, titiL: 16. section 3340.20,

3J40.2<J and ]340.30 \Vcrc amended to implement a license restructure from the Advanced Emission Specialist Tccbnici~u1 (E/\) license and B~lsic Area (EB) Technician lic12nsc to Smog Check Inspector (EO) license ctnd ;rnd/nr Smog Check Repair Technician (EI) license.

{i\t\1) Slllll!! Check) i\L'CUSi\T!ON

.)LIJUSDICTION

11. This Accusation i.s brought bdurc the Directur of the Department of Consumer

J i\ft"airs (Director) for the l3ureau of Automotive Repair. under the authority of the following laws.

4 STATUTORY PROVISIONS

7. Section 9884.7 of the Code states:

6 "(~1) The director_ where the automotive repair dealer cnnnot show there was <I bona ride

7 error, may deny, suspend, revoke, or place on probation the registration or an <tulomotive repair

~ dealer for any of the following acts or omissions related to the eoncluct of the business of the

9 automotive repair dealer, which arc clone hy the automotive repair dealer nr any automotive

10 technician. employee. partner. officer. or member uf the automotive repair clcalcr.

ll (1) Making or authorizing in any manner or by <.tn_y rncans whatever any statcn1cnt written or

12 oral which is untrue or misleading, ancl which is known, or which by the exercise of reasonable

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

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15 (4) Any other conduct that constitutc.s i'r<md.

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

18 regulations adopted pursuant to it.

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20 (c) Notwithstanding subdivision (h). the director may suspend. revoke. or place on

21 probation the regi~tmtion for all plnccs ofbusinc~s operated in this state by an automotive repair

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

23 ancl willful violations of this chapter. or regulations <tdopted pursuant to it."

24 0. Section 9884.JJ or the Code provides. in pertinent part. thitt the expiration of a valid

25 registration sh;lllnot deprive the director or chief ofjurisdiction to proceed with a disciplinary

2n proct.:ecling againsl an automotive rcp~tir dealer nr to rcmkr a decision invalidating(\ registration

temporttrily or j)crm~tncntly.

2S

{ i'v\1) Smug ('heck) ;\( '( 'l) Si\T!ON

lJ. Cock section '1~8-I.U provides. in pertine11t part. that the expiration or a valid

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

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

4 temporarily or permanently.

5 10. Section 44002 of the Health ancl Sakty Cocle provides, in pertinent part. that the

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

7 the Motor Vehicle Inspection Program.

11. Section -14012 of the Health and Sal"cty Code requires that tests at smog check

9 stations he performed in accordance with procedures prescribed by the department.

10 12. Section 44059 or the llccdth and Sakty Code Si<lics, in pertillellt part:

ll ··The willful making of any l'alsc statemenl or entry with regard to a material matter in any

12 oath. affidavit. certificate of compliance or noncompliance. or application form which is

13 required by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of

14 the Business and Professions Code, constitutes perjury and is punishable as provided in the

15 Penal Code."

1() 13. Section 44072.2 of the Health and Safety Code states, in pertinent part:

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

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

19 following:

20 (a) Violates c\11)' section or this chapter and the regulations adopted pursuant to it, which

21 related to the licensed activities,

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23 (c) Violates any of the regulations adopt eel by the director pursuant to this chapter,

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

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20 (h) Violates or attempts to vin!alt' the provisions of this chapter relating to the particular

27 activity for which he or she is licensed.

14. Scction4.J072,6 of the Health allll SaJ'cty C'mlc prnviclcs. in pertinent part. that the

(l'v\[) Smng Check) AC'C:US;\TION

expiration en Sl!SJlL~llSion of (l license hy opcr~llion or law, or by order or decision or the Director

2 o[ Consumer Allait·s. or a court o[ law. or the vr1luntary surrender of the license shall not deprive

3 the Director orjurisdiction to proceed with disciplin<try action.

4 15. Section 44072.H of the Health and Safety Code states:

5 When a license has been revukcclm suspended following a hearing under this article. rmy

6 additional license issued under 1his chapter in the n:l!nc of the license~ may he likewise revoked

7 or suspended by I he director.

16. California Code nf Regulations, title lf1, scction3340.24, states:

9 .. _ .. (c) The bureau may suspend m revoke the license ol' or pursue other legal action against

10 a licensee, if the licensee falsely m frauclulcnily issues or obtains a certificate u[ compliance or a

11 certificate of noncompliance.

12 17. California Code of Regulations. title lh, section 3340.30. states, in pertinent part:

13 A licensccl smog check inspector and/or repair technician shall comply with the following

14 requirements at all times while licensed:

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

16 Health and Safety Code, section 44035 or the Health and Safety Code, and section 3340.42 of this

17 article.

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18. California Code of Regulations. title 16, section3340.4l(c), states:

··No person shall enter into the emissions inspection system any vehicle identification

information or emission control system identification data for any vehicle other than the one being

tested. Nor shall any person knowingly enter into the emissions inspection system any false

information about the vehicle being tcslccl."

19. California Code ol Regulations, title l(J. section 3340.42. states. in pertinent part that

"Smog check inspection methods arc prescribed in the Smog Check ManuaL referenced by

section 3340.c-l-.S.'.

27 20. Califomi<t Code or Regulations. title lb. section JJ40.45. states:

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--- --- ---- -- -- I ( 0.:1 D Sm(1g Check) i\CCUSAT!ON

(a) All Smog Check inspections shall he perfmmed in accordance with requirements and

2 procedures prescribed in the follmving:

~ (I) Smog Check Inspection Procedures ManuaL (bled August 20UlJ, which is hereby

4 incorporated by rdcrcnce. This manual shall be in effect until subparagraph (2) is implemcmed.

5 (2) Smog Check Manu;tl, dated 20 JJ. which is hereby incorprH<~tcd by reference. This

6 manu<~l shall become eiTective on or after .lanu"ry I. 20IJ.

7 COSTS

8 21. Section 125,3 of the Code provides, in pertinent part, that the Bureau may request the

9 administrative l"w judge to direct a licentiate found to have committed a violation or violations of

10 the licensing act to pay a sum not to exceed the rcasonabk costs of the invt..:~ligaliun and

11 enforcement of the Ci!SC, with failure ur the licenti;~tc to comply subjecting the license to not being

12 renewed or reinstated. If a case settles. rccovc.ry· o[ investigation and enforcement costs may be

13 included in a stipulated settlement.

14 FACTUAL SUMMARY

!5 22. On March 9, 2015. the Bureau implemented a statewide regulatory change requiring

16 the use of the On Board Diagnostic Inspection System (BAR-OIS) instead of the Emission

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

18 hybrid vehicles.

!Y 23. The new BAR-O!S smog inspection uses a Data Acquisition Device (DAD), a

20 computer, a bar code scanner, and printer, The DAD is a sean tool that retrieves data from a

21 vehicle's On Board Diagnostic-generation II (OBD II) computer. The DAD connects the BAR

22 OIS computer to the vehicle's diagnostrc link connector (DLC) to retrieve the data from the

vehicle. The bar code scanner is used to input technician information, the vehicle identification

24 number (YIN), ami DMV renewal ini(mnation. Tire printer is used to print Vehicle Inspection

25 Reports.

20 :24. Data retrieved and recorded during an l3AR-OIS smog check includes: the eVIN,

27 which is the digitally stored YIN progrcunmecl into the vehicles l'owcrrrain Contml Module

2tl (PC'l\1): the communication protocol. \\·hich is the m<H1ullH .. :turcr/Ychiclc·s specific ''lnnguagc~~ the

( M!) Sn1r1g ChL·c\.:.) ;\CCUSAllON

PCM uses lil relay inf<'rnl:llinn: and 1\w rwmbcr of Paramclcr Identifications (P\Ds). which is the

2 number of specific d;rta values c;rch l'l 'M u>c·s rclatcc\ to emi"ions control>.

3 25. As part uf the \3AR-OIS smog inspections. the technician also performs a visual and

4 functional test on the vehicle being inspected. The visual inspect inn or the emission control

5 components verifies the required emission control devices arc present and properly conm:cted and

6 a functional test is performed of the malfunction indicator light (MIL). The 13AR-O\S software

7 makes the determination whether or no! the vehicle pa;,:-.es the inspection based on the results of

S the 0130, visual and functional tests. If the vehicle passes the inspection a certificate of

9 compliance is issued. The in format inn from the smog inspection is then transmitted to the

10 Vehicle Information Dat;r (VlD).

J J 25. The Bureau can acccs;o; the VID to vit..:w tesl data on smog check inspections

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

l3 particular vehicle which has been tested.

14 26. The Bureau has become aware of several methods used by Smog Check stations and

15 Smog Check technicians to issue improper/fraudulent smog certific;rtes of cumpliancc. One

J<i method is known as clean plugging. Clean-plugging is the praCLice of testing one OBD II system

17 (<r system that would pass the smog inspection), for the purpose of fraudulently issuing a smog

18 certificate of compliance to another vehicle that would not pass the smog inspection and/or is not

19 present for testing. The vehicle receiving the certificate of compliance is not actually tested

20 during the smog inspection.

21 27. On or about September ~5. 20 L\ the Bureau initiated an investigation of Respondent

22 Tran·s shop MD Smog Check. 13cginning on or about August 27,2015 and continuing until

23 about November Jt\, 2015. Respondents' were found to have performed 10 fraudulent smog

24 inspections using clcan-plug.ging methods.

25 1Cl. A Bureau representative reviewed data for vehicles inspected hv Respondent Nguyen

26 and certified hy Respondent Tran. The data revealed that the 10 vehicles that were purportedly

27 2 Respondent Nguyen pcrrormt>d the smog !CSIS Oll hcllll\1' or Respondent TraiL

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test eel hy Respondents were· not and wulcl not have been cllnnccted Ill the Di\D when they were

2 being certificcl because the OBD-11 data purportedly transmitted by th osc vehicles could not have

3 been transmitted by those vehicles.

4 2'!. The PlD counts for the 10 vehicles purportedly being test ed did not match the

5 opcctecll'ID counts for those vehicles. The cVINs were not present on all o[ the Ill vehicles and

6 the communication protocols wcrc not what they should have been.

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30. ·suiting in the issuance of Ill Respondent Nguyen clean plugged len ( 10) vehicles. rc

·reclean plugged as follows: [raudulcnt Smog Check Certificates or Compliance. The Vehicles we

Clean !'lug 2

Clean Plug 3

'rotcJci)l-[ PID C-ount Cert. # YT96592SC=-l=~~VlN # _ \

L Passing (Clean Plug) Nnt !'resent ~

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~1cction N177;'l::i - ( I,_

Expected 013DII Value·'

Failed inspection ~/27/15

Failed Inspection 0/27/15

Cert. # YT965946C

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Passing (Clean Plug) Inspection H/.11/15

Expected OBI) II Value

Failed Inspection fli10!15

Failed Inspection H/27/15

lJI40~0K

-----5 Nli\RIWI6C6273KI llJ 14

'JI411KIIK N I AR lKU I6Co27JK I !---1 f---c,,

~

5! N I i\R I NU I6C627.'NI

r- --------c-VIN #

' ---------------1---- " Not Present 1 I

'JI411XOK

)rotocol

'Jl411~11X

'AN II ht5

i

I -hc:,J-~c)NSI3MK +.teA - ..

I N I I ht500

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-~-~ CJLC4oll69N51.1MK ~ \ N I I ht5011 i I

'

------I c"~::::~,"'"" I ", Cert. # PW06209XC

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Passing (Clean Plug) Inspection 9/K/ 15

expected OllDII Value I Failed Inspection g/l/15 I

---.I

.I

Protocol

lJI40XOK

';\N I I ht5 MJER29L4711l2Nl20 i IC

M.1ER:2iJL47012Kl2~ _ICi\ -- ---

N II ht5110

20

--22

-22

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PlD Count

I 20

I 36/10,371111' i

' 0,7

37

PID Count

- ·--16

39/12, 39115 ~- 'l)

-' Protocol -_ PID Co-unt l lJ 140KIIX ~ 211

- - ---- c-VIN ___ I_ -

r-- ll __ l-~ean

1

ug~4 __ · Not Present

t·----i Passing (Clean Plug)

lnSJ?_eclion 9/15/lS Expected 0131)11 Value ANI_II>t500 L 44 I [__________ . ·- _; ------

1 4JC,BilKhEXhi\04592J ! IC '

AN I I ht5110 I 44

~rntocnl _ r PID-Couni- ~ ' ---r- - - --------· --· :_

I Fai.lcd lnspeclion4/2t.l/.15 : 4.1Gill3KhEXl>i\045lJ21 i IC ·- --------- ___ .. ----· - . ,_

an [ - Cert. # I'W55X656C i e-V~ --I gs : L ! -------------·- ---------· - ----------- ·'--

'Expected OBDII value is the xalu·c rccorc!cd lc11· "'like 1chicl ·'Some vehicles will report two PID counts to the lli\R-OIS.

cs ·· inspected.

- --- -------- -·--- --- I ( rvt D SllHl!,; { "hl'ck) /\CC ~USA110N1

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-··

I Failed Inspection 11/02/15 I 2HKYFIX7KSH

--~. Clean I Cert. # QAI04737C c-VIN _Plug 9

Passing_(Clcan Plu~) 1

Not Prc~e ____ lnspc~_tll111 11/14/L"' _.'

Expected 0131)11 Value I 5FNRUX~2513

Ill

Failed Inspection II; 14/15 I N<1l Presc '

Failed Inspection 9/21/15 '

5FNRL3H42513 I

07X232 ! 19140HON

Clean Cert. # QA3o:Eo7C r--~VIN # .. I -Protocol ! Plug I I

16

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PID Countl

16 i lO Passing(Cic:111 Plug) ··---r-1

Not Present·-~' 19140tlON~ ________ lnspccti<~n ll/1~!15 ____ , ___ _

I Expected 013DII Value ', IOLC55079N5520XO ', IC:A!,Tliht5 I 43 i -----1 c_-:-_:_l-0;tilcd Inspection 11/1=15 I 10L05rJ71JN55~0XO _l~CAN llht51H_I ___ IL_ __ 4_.3 __ __j

FIRST CAUSE FOR DISCIPLINE

(Misleading Statements -Registration)

27 3l. Respond~nt Tran h<ls suhjL't'lccllwr registration tn discipline under Code section

2,, 4 o l)t)H· .7. subdivision (a)(l), in th<ll she 11\tldC Sl:\\ellll'lllS which ShL~ kllL'\V or which by C.\Crcisc or

l)

(MD Sm()!..'. Ch~d) ACCUSATION

reasonable can.: she should have known were untrue or miskading, as set forth above in

2 paragraphs _11-3+, above. Rcspo11dcnts fnrudulently purported to test the 10 vehicles, a11cl

3 certified that the ]()vehicles passed inspection and were in compliance with applicable l<tws and

4 regulations. In fact. Respondents conducted the inspections on those vehicles using dean-

5 plugging methods. Allovving Rc5'pomknt to continue to practice \vould endanger the public.

6 SECOND CAUSE FOR DISCIPLINE

7 (Fraud -Registration)

8 32. Respondent Tran has suhjcctccl her registration to discipline under Code section

9 'JSC\4.7. subdivision (a)(4), in th;rt she committed acts which constitute fraud, as set forth above in

10 paragraphs 31-3,1, above. Allowing Respondent to continue to practice would endanger the

11 public.

12 THIRD CAUSE FOR DISCIPLINE

!3 (Violation of the Motor Vchide Inspection Program- Smog Station License)

14 33. Respondent Tran has subjected her station license to discipline under I lealth and

15 Safety Code section 44072.2, subdivisions (a) and (c), in that she violated sections of that Code

16 and applicable regulations, as set forth above in paragraphs 31-34. as follows:

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

I~ perfmmed on those vehicles in accordance with procedures prescribed by the department.

19 b. Section 3340.24, subdivision (c): Respondent Tran falsely or frauclulently issued

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

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

22 Code section 440 !2.

c. Section 3340.35, subdivision (c): Respondent Tran issued electronic certificates of

24 compliance even though those vehicles had not been inspcckd in accordance with section

25 3340.42.

26 d. Section 3340.41. subdivision (c): Respondent Tr:111 cntcrccl blse inform,tion into an

27 inspections system about the vchick being tested.

2~ II/

!II

(MD Smog Check) ACCUSATION

c. Section .B40A2: Respondent Tr:tn Lriledto conduct the required smog tests :tnd

2 inspections on those vehicles ill accordance with the 13urcau·s specifications.

3 r. Section J340A5: Respondent Tr:tn i'criled to conduct the required smog tests and

4 inspections on those H~hic\es in accorclancc with the Bun::au·s smog check procedures manuals.

S FOURTH CAUSE FOR DISCIPLINE

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

7 34. Respondent Tran suhjecicd her station license to suspension/discipline under Health

t-: and Safety Code section 44072.2. subdivision (d). in that she com milled acts involving

9 dishonesty, fraud or deceit. whereby ClllOthcr was injured by iosuing electronic certificates of

10 compliance for vehicles without pcrftJrming buna rid~.: inspections ur the emission control devices

11 and systems on the vehicles. thereby depriving the People of the Stale or California of the

12 protection afforded by the Motor Vehicle Inspection Program, as sci l'orth above in paragraphs 31-

13 34, above.

14 FIFTH CAUSE FOR DISCIPLINE

15 (Violations of the Motor Vehicle Inspection Program- Smog Check Licenses)

16 35. Respondent Nguyen has subjected his Smog Check Inspector license and his Smog

17 Check Repair Technician License to discipline under Health and Safety Code section and

!8 44072.2, subdivisions (a) and (c), in that he violated sections of that Code and applicable

19 regulations, as set forth above in paragraphs 31-J4, as rollows:

20 ll. Section 44012: Respondent Nguyen failed to ensure that the emission control tests

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

22

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b. Section 44059: Respondent Nguyen willfully made false entries for the electronic

certificates of compliance by certil'ying that those vehicles had been inspected crs required when.

in fact. they had not.

c. Section 3340.24. subdivision (c): Respondent Nguyen fcrlscly or l'rauclulcntly issued

26 electrnnic certirie<ltcs of compliance for thn:-;c vehicles without performing bona fide inspections

27 of the emission contml devices and ."sterns on the vehicles as required by Health and Safety

28 Code section -14012.

'' '' ( i\.-1 [) Sm(\g Check) AC:CUSATIO"J

d. Section 3340.30, subdivision (a): Respondent Nguyen failed to inspect and test

2 those vehicles in accordance with l-lcalth and Scd'ety Code section44012 and California code of

3 Regulations title JCl. section 33-10.42.

4 c. Section 3340.41, subdivision (c): Respondent Nguyen entered false information into

5 an inspl'ctions system about the vehicle being ll:stccl.

f. Section 3340.42: Respondent Nguyen failed to conduct the required smog tests and

7 inspections 011 those vehicles in <Iccorci;Jncc with the Bureau's specifications.

g. Section 3340.45: Respondent Nguyen failed to conduct the required smog tests and

9 inspections on those vehicles in <JCcnrd~mcc \Vith the Bureau's smog check procedures manuals.

10 SIXTH CALISE FOR DISCiPLINE

11 (Dishonesty, Fraud or Deceit- Smog Check Licenses)

12 36. Respondent Nguyen subjected his Smog Check Inspector License and his Smog

13 Check Repair Technician License to discipline under 1-k<ilth and Safety Code section 44072.2,

14 subdivision (d), in that he committed acts involving dishonesty. fraud or deceit, whereby another

15 was injured by issuing electronic certificates of compliance for vehicles without performing bona

16 fide inspections of the emission contml devices and systems on the vehicles. thereby depriving the

I 7 People of the State of California of the protection afforded by the Motor Vehicle Inspection

18 Program. as set forth above in paragraphs 3 J -34.

19 OTHER MATTERS

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

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

22 Respondent TraiL upon a finding that Respondent Tran has. or is. engaged in a CllUrse or repeated

23 and willful violations of the laws and regulations pertaining to an automotive repair dealer.

24 3S. Pursuant to Health & Safctv Coclc section 44072.0. if Respondent Tran·s Station

25 License is revoked or suspended. anv aclditionallicense issued under Chapter) of Part) of

26 Divi~ion 26 ofl-Ie;JI!h <lnd StJfely ('ode in the name ofs<tid licen~cc may be likewise revoked or

27 suspended hy the director.

2S II!

12

(i'\·l]) Smog Check) ACCUSATION

::;q. Pur~uant to 1-kal!h & Sakt~· Cock :-:.cction ~~--Hl72.~. if Rc\pumknt Nguyen's Smng

2 Check Inspector License m Smog Check Rcp«ir Tcchnici«n License is revoked or suspended,,

3 «ny addition«! license issued uncler Chapter 5 of P«rl 5 of Division 21l of Health and S«fcty Code

4 in the n«me of said licensee m«y be likewise revoked nr suspended by the director.

5

fl PRAYER

7 WHEREFORE. Compbin:ull requests that a hearing be held on the m«ttcrs herein allcgccL

8 anclthat {()!lowing the i1l'<rring. the Director of Cnnsumer Allairs is.sue a decision:

l) I. Revoking or suspending Automotive Repair Dealer Registration Number ARD

lO 2R0290, issued to Jenny Tmn doing business as MD Smog Check:

ll 2. Revoking or suspending Snmg Check, Test Only. Station License Number TC

12 2tl0290. issued to .Jenny Tran doing business as MD Smog Check;

13 3. Revoking ur suspending any additional Automotive Repair Dealer Registration, Smog

14 Check Station License, Smog Check Inspector License. or Smug Check Repair Technician

15 license. issued to Jenny Tran:

16 4. Revoking m suspending Smog Check Inspector License EO l'i3<J(Li and Smog Check

17 Repair Technician License El 153003. issued to Respondent Nguyen;

18 5. Revoking or suspending any additional Smog Check Repair Technician (El) License

19 or Smog Check inspector (EO) License issued to Rcspomlent Nguyen under Chapter 5, Part 5,

20 Division 2(J in the name of Hung Phi Nguyen;

21 G. Ordering .lenny Tran to pay the Bureau of Automotive Repair the reasonable costs of

22 the investigation and enforcement of this case, pursuant to Business and Professions Code section I 23 12S.J:

24 7. Ordering Hung Phi Nguyen to pav the Bureau ot' Automotive Repair the reasonable

costs of the investigation and ent'orcement or this case. pursuant tu l3usincss and Professions Code

sl:clion 125.~: and.

27 i! I

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K. Taking such ntlwr <1m\ l'urther cll·tit)n <1<..: deemed necessary and proper.

DATED:

S F20 l r,2lJ03RC> 41624-t61J.doc

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