california bureau of automotive repair - department of...

$: California Bureau of Automotive Repair - DEPARTMENT OF ...bar.ca.gov/pdf/accusations/eo-637233_2017_04_18_dec.pdfa nio. d! iceisSLu mOve C!iflLO\ Cu uy u e OOedU. credluiv at the hanrino$
This Decision shall become effective

/

YAN MAIcRoFT Assistant ChiefCounsel Division of Legal Affairs Department of Consumer Affairs

DATED:

BEFORE THE DIRECTOR DEPARTMENT OF CONSUMER AFFAIRS

BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

In the Matter of the Accusation Against:

MARIO A. JURADO aka Mario A. Jurado Rodriguez,

Smog Check Inspector License No. EO 637233,

Respondent.

Case No. 79/16-163

OAHNo. 2016110578

DECISION

The attached Proposed Decision of the Administrative Law Judge is hereby accepted and adopted by the Director of Consumer Affairs as the Decision in the above-entitled matter.

:.L

iART\1ENi 02 CONSUVIER -FfT0RS BURTAU ( 2.UTOistOTTV REP YR em '-aT: "- 2 ("- T -; \1L J:'Lr'

10 the Matter of the Yusation Ae,ains:

JVii-\RiO A. JUR,DO alca 4ario A• Jui'ndo Rod rnucz.

mo Toceh insaaclnr Tense No. EQ (Y7233

''1 liZ T"" i\O. ! Ii) Z3

OAIi No. 2016 11057

This mad':'oa heard b\. uul'ic k. Pearinian, Aclmnistraove loiw .h de wt Lt't'Z

016cc o Admi a 'nO, a I carings. on November 29. 20 6. in Lo'-aY. Ctii0:o a. 11* m1ja1 5 '1e5L m i_

Aitorne Cnarr 1. R nonciant 1v0irio A. Juraclo. also Rnown as Mnro A. fumdo Rcii e:az esondcnt. w' •rcm and renresenterl hmseL.

the deanna. 9'ono1ainanl's motion to amend the ccusation was framed. 'iT: foliowing aliego 1)05 pertaining to loon other Respondents who are in uclau![ vere deleerl: paragraphs 2-1: n:rngrnphs 6-7: p rigraphs 3S--t 1: ilragraphS 44-45: pnragr;iYs -17-59: naragraphs 63-6* u'agraph 70-7 1: and paragruohT; 1 -5 nob - 0 ui Te

Oral ann! documentary evidence was received ann! argumcn i was neard. The record was ciosed. and Ide mailm' was submiaed for decision on No\ ember 29, 20]

'm tOe 10! 0 ;v ag tactual i:nuIns. a,aa m :1,.m. " -

'"-"--''.: :.''- '''ae

arougnt i0C Cc:aaa1o1 in 'us Oucial 24 u -cnu of ,*ul000'Y a i.enair (Eurenu -. Da.'- arimet m o )osumcr -i fi', ZC5,',C 0

a jmL. Ii' nar: msa)ar casuce.

2. Tn pra 2A 2014. the Bureau ssuccI nap Check lnspecto icense Number BC (A72ltll n cesponctent. The Smog Check Inspector License is seheduk c to

L (li r- U I ...- )

.Sxog - m •1 Pin iuza

3. Tht Bureau is responsible for the licensure and regulation ul smoo stations and same chci< insncctors. Coli arnie S smon check proaram is desianed m improve air puaj a ann it) oroleCt the public health by reducing Vehicle ensstonr. I mm

desienecl 0 coanpia iO tchertti lay, the Clean Aii Act. (See BealT A BA A.ic. f 4-tf(; I.) The Bureau plays a Rev i_ole in nainti'ini- air qcn11v hr marina Am

those it licenses m00e10 inSOCOL motor vehicles to verilk that the s:rme ccnLro comnonents instiled on motor vehicter are functioning properly.

For n.m years. SmOg Check tests were perlormed asian, a p7 Tmidom inspection System (BIB). Te ElS is i computer-based analyzer that samples a r chlcic exhaust emissions tntough an exhaust sample probe that is placed in the of mAe of tb-c vehicle being inspected. The BIS accepts entries from the licensed technician per Cs ncr visual and lunctionni insnection ol the vehicle, as well as the information specific to the particular vehicle being tested: such as. model year. make, model. license p1atc nuiunet. VIIa. etc. Toe licensed echnicla a gains access to the EIS by using a confidential soom access cod. assigueri hr the 3urea a. The HIS uses the information enicreci hr the teN cAn. noaU \mt! nU LaIn man Inc nanT'zer. to uete!1u:n-c wnei ca the vehicle nasser the ms.

5. Tim p Check test c0nSiLs of a three-part nsoecL1an: a vis La! 1fl5flcCO3 A kic OillCC5 en'- a mmvrol cutrruonents. an e\nanst emimloir snme . am am ma of certain ma isa a-re!aieci comnonents. if tire vehicle sses the tOSt. the lEA issuer a Cmti1L IL ( 1u i1dDL I I5 tlhlw numb.i di U clii eSL lii 0

P Irama iiP a in arorlc ar .0 the Bureau Vehicle Information ; :Ca e IT a

a. B panap a mach P. 2(1 5. Californias Smog Chock Program : naumec. m keep once v.'jth ever ads aircing a chicle technology. The program update acer rim use a Cii

Co Bourci Biagnirtie maccoon System (Prima n as the BAR-CIS). BrA-TA B S -t Choer etuipnm rettuired in nil arcim of the State when InspecLing most ;rcoaeI--ana u

anti newer gasal ic net avOrch a chriclm ann most i bPS and newer cacrut a LIIces. -'

•- I •'

'' 1 - S\SLiu L)Ir .- u12!LJoU . - ). Lid OtiTh cu -. LU : -- computer. ha: cafe monica. and printer. hEre oiT the sheA' cpuipmear lOis am a tnm - eafornxtncc :erc ccueo15 to ensure c impaPbiiity wtth BAR-CIS sorB'nre. T A- A H

user the ful i can I . B. -. 4-CA soitware to communicate \\11fl BARs central can lansu fmopo tIm ctetme coa::ccnor. Toe Culilorata 35.R-OIS software rccaircr a eflHrucc: OOe 00

connection ncr -a-araBian a Bnao Check inspection.

- 1 i UC - P I-!-ceIOLc camnutmm t tfi U--- -- ------- -- cu -, A-HIS at rrt -- -cad lie dli: 1.11 1T:

C-IDIsmI:B 5 Am!alcikinL. -mie1rendcstecovL!ILn1lu -a1nm- -Lo -cu

retrieves Oi3D S. ham m the vehicle. 5 supported OBiD it data reqoestcu ho toe

California BAR-CS so 0 ;vare wili be retrieved. Some of the data ccii even during a BAR-OS Gn:cg Check iaepec:ion includm the ReSide tiC itLicJLloO Sumac: (yIN). the 050 1 cc 'utnunication protocol. and the Parameter identification (Sf0 acunt.

8. [he VIN is programmed into the vehicles 030 Ii system electronic control unit (ECU) on 2i05 and newer vehcIes. and on many occasions was programmed iran the 013D Ii s stem CCC in earlier model-years. This electronically programmed \71N, referred to as the 'eVIN. is car tured by BAR during' a Smog Check inspection. and under normal circumstances matcoec m 000sIcal VIN on the vehicle.

9. 0 hoo'u Smoq Checlr tnspcctors can issue imoro ci lrtucm:..OL Smog lie CO Ce m iCS i5 C no OL o sica IneL1rod loo\\ i a cleen ' ca C L

nvoves using annther ehicles roperly functioning 030 Ii system. or another soerce, to generate passion diagoomfe :eadings or IlIC purpose of issuing raSuten CCIiifCLLe ci

Compliance to hOle,: :m arc cot in conoaliance and or not reecct 0-

Ldtc'ait IS'e.siic'ion

'(\ '- I ,-L '.. ') Is. m ue. a nio. d! iceisSLu mOve C!iflLO\ Cu uy u e OOedU.

credluiv at the hanrino. based upon a review of smog check clam, the bureau ot eLO;noLOm

Repair initiated 01 :O estootion into the smog check testing practices of 2 Brohert; Smog i')'.' ..:' .1 .r'ir,..._: ,. "-. .,,..

051 5 \ ii a1 (il 1 iulnlc iCi5 :CS iD C _ t

Sog Cheek inspector .h.3ureau rerresetaLive reviewed the 015 Oem to ctatl to: 2 Brchers and licuneh cmos, check insoectors employed there. tucludlng Ses000000t. tOe review showed t i five venicles had been certified by Respondent at 2 Brothers with a pattern ot cliffere ccc be LII CCO the VIN on the certified vehicles and the electronic 015 (eVIN) numbers v:Sfci: v:ere transmitted as part of the smog iflsDcctjon. CS yeS as vehicie comnmelcsil10 nnnco!s and incorrect SIB counts.

Ii. Toe 000 1 communication protocol ciescrihe the So C COCCI eonrmoncatton Cat :nut..g.: used U\ toe 050 1 con'tpet ter to communicate to 'cc a a other devices such as th ttfroR 030 insoection System (015). Tee eommrmicaiion mcci is programmed loin tee CCC 11 computer during manufacturing and does no ch:ng.

12. 'Or:nmter Ideatifications (2tCc) are cOta points renorted Si the CCC: comnote: 0 tee eeoc , cl a: CAR 012. Cearnies of PliD are scOne :cieei: sncc, sop 11'C tcmn• Lore itoh 010cr mpui ace aJtpnt moo :c Sate Sc Re CC If

The .0. a te Lee numtce: or dma points mportec ho toe ;3 a.' :. - programme:: cacc nanu.aeunng. does not change daring norma onecola' of

13. sen dam from the cerLll'iedl vehicles was also compared to duo. of elm vehicles of die smite year. make, and model. The data comicarisons shoved ni1ti:'s ciiscreuancics miii the cye vehicles which Respondent certified with reissing e -nm. t5'O.

inC0rieCL eh1e 0 - Is OC: 01 :11C )c

1\L \D IL 01 iL I\

SflOO inspectioa nI OC Ci0IH lDb-D °°•

I 1-. 1 ha Suca Incstiation ann re jew of nab tbr 2 Dr mci's "a'. :aied Da

tbraary mo iv maw raudulent mo Cheol: cert icaca 0 Cu jima: ' ei :w. espocieni. at ii: a usuig the cleam pmugeiog method. 2 he liii a r efeo that nine ed C

C \ C Den 0 O we CL 1d 1C C C iho w a coiesnondn c (aa \ enicles ant l;censc gone nu; Diar 10 10 C ittiafe O1 eC:

vehicle. Thei'a v 'era a ' crepancies hetween the C0flflnuni 1000 rOt000D ii;

COUOLS liatce, Ion Cc ccinicien :und 015 Tent Data for similar yea: :naica innoda C1Ic. ''H

dkcrenncies indicated that he DAD Was not ConneCted to the Pvc tested CCi'tiiiU \C1I1CICS.

as requiree.

I . The Dnremu a review of the OIS Test Data for Brothers shows the DPuvi ing live lroudulcnt smog InspeCtions Were conducted and fraudulent smog Certificates ol Compliance wear jsruru H Deaondeni using his Smog Cheeh unsireCto: Liccose Do. IC

wow

1('\tai I bt_5 z(

1)5 :j

Di S 5 10 1007 Hi Fo no;ic 1014 I('\hfl 015 It) ci

0. These P creuecies in the OIS Test Data rove the CAD 'ms am wnnacwd to cina:a wi: woificrt. ranTing the isLmncc o: five ldawoian. u.

_ • ia " \ /. i ' ;' - - LIIC

a mc Tinned f:'.I rn:: 1' cornni:imcc nt's :asuent at maeOer 01';; a 10c?: '• Tar he .md ' I u: : :u shm :1w vch:c:e acuorteci 22 21Dm own. ':-

raT - s ms: ;000aol. i;ts OnOr tct r•word I. aipCccn) 1tici in-nw.

17. lOom I 10ruary lb. 2016 and March 5. 1110 I 6. Respondent ciolated the hoe ha

ng icing it CIC 10 t d h\ sing nc Ccinic i'c C CThini PCc v 11Ci (UI

have been issued.

11L'S!)OJi(1C171 IL(. c/'(:oc

10. 110 mdco Lestlie at hearing. He look no resPonsU cv for tire cone OCt

t J C L L 1 Li1 ) I U 0 fl I

contended that ha fed his job at 2 Brothers in January 20 16 and v.os no ionter ecrolor rh

ftcoe in Fe u I ci I 11snn ne isSel 'cc 11 1 r S

) U I (I 0 1 Cu 1 2 e n1h1s ii I to LL C ' 1)

u)( C L LU S I S

10. R'I'OPOI10CIrtS testImony vat; not credible. RespondentlO sioo tecH'ciac care \; ,1 ohosicahy soIuur; joo lOs DOSS\vorct vans entered. For each m the f'i':e fraudulen

1OiiLtOi0 ULa. a act mtteo 1010 his card suns in his possession nil times. carl never shared iris card or iris passrsord wjtn anyone. As for ResnondentlO semioc mat ire W05 not working at 2 i3rotners on the dates in question, the Bureau mantaas a iecnncen

access history, which CCOtUifl5 a licensee's niace and dates ot emplo\ airent. 2irit inloinranon enables a licensi e tO oerfn:m smog inspections at a articular SCiviCe station. dire Lacrnicicri hfnraelf must no inc hIs dates and olOce ot employment io the Bureau: a sa:ioo o';:acr

cannot do so. Roenoirciunt hod renortcd to the Bureau that he was enroloved at 2 rrictjrer: Iron February .11 2(1 Fr through March 21. 21)16. This official record of in anir)omr cc:

refinhtaoeha a .;stoircntsseI oserv: a testimony at the heuria.

2(1. R;inMmstJnanciai 5IWi1LR)fl is "am ood. i-Ic :rrooeclas 0oarcia: suocr 0 ni no ' uid h1 U < H cd v i II 11 usoe C

OLO ni his ICCItS:: a earh Ociou: 21) 0. and lie has earned miniorm liCU101 lad. a cii 0010100011 a mimi as cn the a laced b \sordl of moo Or" referee

dos! }ecocc;n'

2 . Ccciii a): an L jacurred irvustoative costs ct d5 1.1101. as ac: i as :rraer a:: a

cmos totaling 05572.50 for legal services urovided h ihe Office of the 0J[OOIC\ Coecaci through November 10. 2(116. The Accusat:on origioaiiy involved five respondents. Cab;

Resnondeirt requasico an administrative hearing. The olOer four named aespon an a: :1: Ic

clelnu it. !neroeore. aroralninont :s SuCKIng o; enty :rercent of its total vosts Iron:

0esponctect, in the ancerh of Si .2db-ho. This amount is reasonable,

- '0JLi L'a OL) Li&i1 - 1/_.. UUGi\ 1,'I. c. )

and (ri). tOe Jice . se 01 a :aog check inspecior can be disciplined for ,ioiatina any , tales a: regulations related to ftc I iceose. or br commItting any act nvoIving Li5 oflC5tv. fraud, tecett \v erehy t.co a: is iaurecl.

2. Code sact ion 44072.2, subdivision (a). provides that a smog check iivnrecto: lIcense na be suspended or revoked for violating any orovision of mocr vehle inspcct'Oa p:a.as.

Code secitoS 44032 requires smog check technicians to ertorni orvg t.at-a Ia coma 1cc v,i It tectia: -Hi; 1 2. Code section 440 12 nrovjdes Shut smo lcsv at

ie:tomct a aavm' .t:v'. Oh the procedures specitied he the •a: teat.

4. r0 c1-c 4-g)72. 10 suo'Jjvjsion (c). i:roHcic iou tn Cem51mm rc':ke the icens n - ' . :vog check technician v:ho intentional' vh ae c a -.

Ctlifo:o i: dude of Regulations, tide 10 (RegulaLion), seaLino 374 an tIle u'cnu naty suspentt or re' al-tn a t:CCiSSCC 'ran aeec.aH::

0. re -- vr to dIscipline Respondent's Smog Check )nsnec!o: I dc-s r;se ant a vi. eat : ' -10712. subd \'5iOfl (a). in that between Pebruary S anti :1

- . : - ,o:.. H . . Cnu. rection 44012 by failing to ensure that tIre eta iss a a CutS 0

tcss v:Crc pe ate 'n 0 a vehicles in accordance wills the rocedures prescrhrnd it; Department, ttr set ban I H flcLual bindings 10- 1 7.

7. v t 0 s o -aiscinline kesnondenks bmoo 01rer:tr Ins:cco, to ba'dc Ci 0 4- 1)72.2, sub:) ivirion (a). in that between belt, s: a sri Iba:a 5.

2! o St1 JThL '01 OU 5LoO )7 t' 11' O a coo 1:01 dc' ;c es :3 s's evs on ive veh CCS in accordance ',tin Cd on sect;ua -:4k) a. a a

'ehicin. a d .dat: u1.eged. :---• to 'o,'th in Onctun) lading;

- ! t .isem-a:te :ponue;v'; Ovorn iaaf nsct suam to r,:'v: ,n, -: -172.2, seal kio,t [:1). in that heosana 10:un:t ::

20t,. liar, o;v.ri ';i':: I odD snatb;ts ua-053 by 'a iiifc* tvn ' a sire ;r5 ' 0-

at netron I a las s. - a )iarril me hr nest iCing [trut i e veh : . s:.. 0

:euui:ad ',hctt, I 'I;.a . rO' tOrL Ott aenc, ar ru soh its C ctusn .0: Dagr I -

C. a:.: •:.a,- , nHci0tInL Kertondeni's i')-aog Ohm-n rs:e:o:

pursuant tot Ott: 5JC tnt -:4'72.2, andi''iiots in tn;,l beLween lore-sr; -a:: sn:: 5. 2t0b. Castro::: v41v Cngumhsn snclion 3340.30. sub-riivh-ion ,n). in ha:

inspect i2 t. Poe \C. occoc occc one 2on -low 2. os ot 1o:.h jaPacual

i 10- 7.

10. mu O I SCi'lw •pondaots x1i1(7C OThCc

fDursun1 o CocH cc ion o072.2. '•ubcii\ klan Ic a in th1U OeLv can :v a

20 10. Re DOOCICIO \Coin wc wgumton Cti0O 3-2). 1. SUOCO\15100 . 1w L en iacsc OLCFffldtiC ci I7 I C 1 01 li\C C 1CCL100ic CCti 1iC tes w .001701 tIcaC LC O

veHele emission coo iil;:matioo Ir vehicica ot1er than the vel oe; bc'ag cc:ih'iad. j a'

I . Onuse c'H LS LO dkciplinc kes ondeot's Smog C2cci\ neca 7 a ursuant to f Ho: uci 0.: o-m7 2.1. aubti ivision (c). in that he1v7ean Pchonliry I non nm a.

2012, R1ndent violated Hegulat ion section 33-0)42 in that he fallen to conduct the required smog tests and i pcetiOn on five vehicles in accordance with the Bureau's socci fications. n sc ark in acIunl Hwings Id- 1 7.

12. ('lose csa to discipline csnondent's Smog Chech secror I pursuant to Carla sect 1on -14072.2. subdivision (ci). in that between Hbruar. I S ecic i\Iarch . 211 msnome 'a coo i ceO acts ;flV, 1 mc d1shoocstv, fraud or dccci n':: n. I'::

mw cerc :cams 01 compliance for live enh'H; a ham oer :a e:nirsi.n xnusi cIwce and :c;u:o '; an lCn' mw

derls lao: a 1: : lane 2' kntil'nrniu of Ic nroiection ai'irdcr1 a 'ow ale nom'l - war. as 'ut c'0icI ii: .:lctuai dinclings 10- 1 7.

12. .r,Li,C a 0107 071 COflililUc In his l'cet:wc aL".w.m lOp: ' Ii'; disl'et us: a'Hs a: in 0 Ic': ado lent conduct. won 12 cndancL ac nuIc ccc •7.

CLOC!\'.,;!ldlc. I a: 'c :aaccl Fiadins 10 Larougl: 17. ks a matter ci' low. cc

LI ii U I u Os l 0Cc LS 0 Oa ihu 001 iC I m a protect prc nerO ocl egecntcoo. (a ode -:o012. subu. (0).) It 15 c'cre': I LII ma a etc vehicle emissior S is inooriccnt to the public health and n cHore . Fu':thermo:c. the Omuirce o2 fraudulent documents 27 a liccnee. v, hich become pare of a Llolic record. ancc arc reas000bl\ expected to he relied upon h ouhiic agencies. is oerniciou,; to tOn 'am

I-f. ttapondcnt has not accepted nov responsihilttv for his actions, oca' oe cccicno\vledged an a ronpi'01 'coorloct. :' acerdingly. there is a rHO I'. ci sricn or. in u

co:atccc •Occs r. c:: 'c ,tl0ac on ms Resoandant's Iccense c :o

cOLIc:;, casts Iln\c;k,k.m 17 :.

cc l:;'drs: 7Li0, C'tln sCcLicr7 I2,n, as i:tr: icc weLL:. a:

:cjnsli::nn,d cac :naecc:cwt ma.........................', lsincr aim ar:e r LJL Sc:i: t2(' .3. 1 an clang. acm: c '. 7n:, a':, auincn:,s::cl:'•: On': L,,'C mc ccgcc,'a': cc C\ :duccte sm c:'cci tILiuF$ LU : 'cor Lw

:ecu'.'er': i(\ LIII . Icr: indhidoals 1'ronl axarc,aag cneomIn a

othar thints. tha ccnH otcncv tist nsidnr a iepoi inns ahflity LO ray.

[1P:! at 45.) i)flLt taie aw n nas no ah:tn to pa' at 1hi

'IhercIorn. he \vllt an o:Jccd LO Si! Ifl toe UtLift an SCeks mi : i1tC000L Oi• al- nm

ijcnnsu:c frmo LI

- I . I '- -n— fl -I - -• -- _L 1S £1I'UL (

aIm

2. 1! eso )ncat seetm; me astatamont 01 flis ticcose, or at mm liccm a IC a

13urcatt in tan fr urn. an si-all rio: ftc costs tablished in this maLe: in on: a

DA'tL3: n)ceenmcr .20,. 4!) DQCISCJnd by:

L/\L RIfE R. ?ERLLfAf

- ml -.c!Inn-,Lt1rc :: -

0 0

KAMALA D. HARRIS Attorney General of California LINDAL. SUN Supervising Deputy Attorney General TERRENCE M. MASON Deputy Attorney General State Bar No. 158935

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-6294 Facsimile: (213) 897-2804

A ttorneys for Complainant

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

Case No. 'rq/m -/4

ACCUSATION

(SMOG CHECK)

In the Matter of the Accusation Against:

2 BROTHERS SMOG AUTO SERVICE Raul Xavier Diaz, Owner 7825 Santa Fe Ave. Walnut Park, CA 90255 Automotive Repair Dealer Registration No. ARD 275987 Smog Check Station License No. RC 275987;

GERARDO HERNANDEZ 2180 Cambridge St. #1 Los Angeles, CA 90006 Smog Check Inspector License No. EQ 633664 Smog Check Repair Technician License No. El 633664;

MARIO A. JURADO R aka Mario A. Jurado Rodriguez 9710 Parmelee Ave. Los Angeles, CA 90002 Smog Check Inspector License No. EQ 637233;

CATHERINE CERRITENO 12010 S. Vermont Ave. #303 Los Angeles, CA 90044 Smog Check Inspector License No E0635741;

RICARDO HERNANDEZ 1813 E. 108th st. Los Angeles, CA 90059 Smog Check Inspector License No. EQ 637617;

Respondents.

In the Matter of the Accusation Against: 2 Brothers Smog Auto Service, et al. ACCUSATION

Complainant alleges:

PARTIES

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

the Chief of the Bureau of Automotive Repair (Bureau), Department of Consumer Affairs.

2 Brothers Smog Auto Service

2. On or about March 25, 2014, the Bureau issued Automotive Repair Dealer

Registration No. ARD 275987 to Raul Xavier Diaz, Owner, d.b.a. 2 Brothers Smog Auto Service

("Respondent 2 Brothers"). The Automotive Repair Dealer Registration was in full force and

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

unless renewed.

3. On or about April 25, 2014, the Bureau issued Smog Check Station License No. RC

275987 to Respondent 2 Brothers. The Smog Check Test Only Station license was in full force

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

unless renewed.

Gerardo 1-Iernandez

4. On or about September 29, 2011, the Bureau issued Advanced Emission Specialist

Technician License No. EA 633664 to Respondent Gerardo Hernandez. The license was due to

expire on April 30, 2013, however, it was cancelled on March 4, 2013. Pursuant to Calif. Code

Regs., title 16, section 3340.28, subdivision (e), said license was renewed pursuant to Gerardo

Hernandez' election as Smog Check Inspector License No. EO 633664 and Smog Check Repair

Technician License No. El 633664, effective March 4, 2013. The licenses were in full force and

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

renewed.

I/I

I/I

Effective August 1, 2012, California Code of Regulations, title 16, sections 3340.28, 3340.29, and 3340.30 were amended to implement a license restructure from the Advanced Emission Specialist Technician (EA) license and Basic Area (EB) Technician license to Smog Check Inspector (EO) license and/or Smog Check Repair Technician (El) license.

2


Mario A. Jurado R, aka Mario A. Jurado Rodriguez

5. On or about August 25, 2014, the Bureau issued Smog Check Inspector License No.

EQ 637233 to Mario A. Jurado R. The Smog Check Inspector License was in full force and

effect at all times relevant to the charges brought herein and will expire on April 30, 2018, unless

renewed.

Catherine Cerriteno

6. On or about July 11, 2013, the Bureau issued Smog Check Inspector License No. EQ

635741 to Catherine Cerriteno. The Smog Check Inspector License was in full force and effect at

all times relevant to the charges brought herein and will expire on August 31, 2017, unless

renewed.

Ricardo Hernandez

7. On or about December 8, 2014, the Bureau issued Smog Check Inspector License No.

EQ 637617 to Ricardo Hernandez. The Smog Check Inspector License was in full force and

effect at all times relevant to the charges brought herein and will expire on November 30, 2016,

unless renewed.

JURISDICTION

8. This Accusation is brought before the Director of Consumer Affairs (Director) for the

Bureau of Automotive Repair, under the authority of the following laws.

9. Section 9884.13 of the Business and Professions Code provides, in pertinent part, that

"[t]he expiration of a valid registration shall not deprive the director or chief ofjurisdiction to

proceed with . . . [a] disciplinary proceeding against an automotive repair dealer or to render a

decision invalidating a registration temporarily or permanently."

10. Section 9884.7 of the Bus. & Prof. Code states, in pertinent part:

"(a) The director, where the automotive repair dealer cannot show there was a bona fide error, may refuse to validate, or may invalidate temporarily or permanently, the registration of an automotive repair dealer for any of the following acts or omissions related to the conduct of the business of the automotive repair dealer, which are done by the automotive repair dealer or any automotive technician, employee, partner, officer, or member of the automotive repair dealer.

3


"(1) Making or authorizing in any manner or by any means whatever any statement written or oral which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading

"(4) Any other conduct which constitutes fraud.

"(6) Failure in any material respect to comply with the provisions of this chapter or regulations adopted pursuant to it."

11. Section 17500 of the Code states, in pertinent part:

"It is unlawful for any person, firm, corporation. . . or any employee thereof with intent.. to dispose of. . . property or to perform services, professional or otherwise, . . . to make or disseminate or cause to be made or disseminated before the public in this state, or to make or disseminate. . . before the public. . . any statement, concerning that. . . property or those services, professional or otherwise, . . . which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading.

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

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

the Motor Vehicle Inspection Program.

13. Section 44012 of the Health & Saf. Code provides, in pertinent part, that tests at smog

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

14. Section 44015, subdivision (b), of the Health & Saf. Code provides that a certificate

of compliance shall be issued if a vehicle meets the requirements of Health & Saf. Code section

40012.

15. Section 44032 of the Health & Saf. Code provides, in pertinent part, that "[q]ualified

technicians shall perform tests of emission control devices and systems in accordance with

Section 44012."

16. Section 44059 of the Health & Saf. Code provides:

"The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code, constitutes perjury and is punishable as provided in the Penal Code."

17. Section 44072.2 of the Health & Saf. Code states, in pertinent part:

4

In the Matter of the Accusation Against: 2 Brothers Smog Auto Service, et al. ACCUSATiON

"The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee, or any partner, officer, or director thereof, does any of the following:

"(a) Violates any section of this chapter [the Motor Vehicle Inspection Program (Health and Saf. Code, § 44000, et seq.)] and the regulations adopted pursuant to it, which related to the licensed activities

"(b) Is convicted of any crime substantially related to the qualifications, functions, or duties of the license holder in question.

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

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

1 8. Section 44072.8 of the Health & Saf. Code states:

"When a license has been revoked or suspended following a hearing under this article, any

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

or suspended by the director."

19. Section 44072.10 of the Health & Saf. Code states, in pertinent part:

"(c) The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:

"(1) Clean piping, as defined by the department.

"(2) Tampering with a vehicle emission control system or test analyzer system.

((3) Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection.

"(4) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter."

REGULATORY PROVISIONS

20. California Code of Regulations ("CCR"), title 16, section 3340.24, subdivision (c),

states:

"The bureau may suspend or revoke the license of or pursue other legal action against a

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

certificate of noncompliance."

5

Iii the Matter of the Accusation Against: 2 Brothers Smog Auto Service, et al. ACCUSATION

21. CCR, title 16, section 3340.30, subdivision (a), states that a licensed smog technician

shall at all times "[i]nspect, test and repair vehicles, as applicable, in accordance with section

44012 of the Health & Saf. Code, section 44035 of the Health & Saf. Code, and section 3340.42

of this article."

22. CCR, title 16, section 3340.35, subdivision (c), states that a licensed smog check

station "shall issue a certificate of compliance or noncompliance to the owner or operator of any

vehicle that has been inspected in accordance with the procedures specified in section 3340.42 of

this article and has all the required emission control equipment and devices installed and

functioning correctly."

23. CCR, title 16, section 3340.41, subdivision (c), provides: "No person shall enter into

the emissions inspection system any vehicle identification infornmtion 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 tested."

24. CCR, title 16, section 3340.42, sets forth specific emissions test methods and

procedures which apply to all vehicles inspected in the State of California.

25. CCR, title 16, section 3340.45 provides that all Smog Check inspections shall be

performed in accordance with requirements and procedures prescribed in the Bureau's Smog

Check Manual, which became effective January 1, 2013.

COST RECOVERY

26. Section 125.3, subdivision (a), of the Bus. & Prof. Code provides, in pertinent part,

that a Board "may request the administrative law judge to direct a licentiate found to have

committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable

costs of the investigation and enforcement of the case."

SMOG CHECK PROGRAM BACKGROUND

27. Smog Check tests are performed using a BAR97 Emissions Inspection System

("ElS"). The EIS is a computer-based analyzer that samples a vehicle's exhaust emissions

through an exhaust sample probe that is placed in the tailpipe of the vehicle being inspected. The

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EIS accepts entries from the licensed technician per his/her visual and functional inspection of the

vehicle, as well as the information specific to the particular vehicle being tested; such as, model

year, make, model, license plate number, VIN, etc. The licensed technician gains access to the

EIS by using a confidential personal access code assigned by the Bureau. The EIS uses the

information entered by the technician, along with the data from the analyzer, to determine

whether the vehicle passes the test.

28. The Smog Check test consists of a three-part inspection; a visual inspection of the

vehicle's emission control components, an exhaust emission sample, and a functional test of

certain emission-related components. If the vehicle passes the test, the EIS issues a Certificate of

Compliance number. This certificate number and all test information are automatically

transmitted via modem to the Bureau's Vehicle Information Database ("VID").

29. Beginning March 9, 2015, California's Smog Check Program was updated to keep

pace with ever advancing vehicle technology. The program update requires use of an On Board

Diagnostic Inspection System (known as the "BAR-OIS"). BAR-OIS is the Smog Check

equipment required in all areas of the State when inspecting most model-year 2000 and newer

gasoline and hybrid vehicles and most 1998 and newer diesel vehicles. The system consists of a

Data Acquisition Device ("DAD"), and other "off the shelf" equipment, a computer, bar code

scanner, and printer. The "off the shelf' equipment must meet minimum performance

requirements to ensure compatibility with BAR O1S software. The BAR-OIS uses the California

BAR-OIS software to communicate with BAR's central database through the Internet connection.

The California BAR-OIS software requires a continuous internet connection when performing a

Smog Check inspection.

30. The DAD is the only BAR-certified component of the BAR-OIS. The DAD connects

between the BAR-OIS computer and the vehicle's DLC. The DAD is an OBD II scan tool that,

when requested by the California BAR-OIS software, retrieves OBD II data from the vehicle. All

supported OBD II data requested by the California BAR-OIS software will be retrieved. Some of

the data retrieved and recorded during a BAR-OIS Smog Check inspection includes the Vehicle

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Identification Number ("yIN"), the OBD II communication protocol, and the Parameter

Identification (PID) count.

31. The VIN is programmed into the vehicle's OBD II system electronic control unit

("ECU") on 2005 and newer vehicles, and on many occasions was programmed into the OBD II

system ECU in earlier model-years. This electronically programmed VIN, referred to as the

"eViN", is captured by BAR during a Smog Check inspection, and under normal circumstances

matches the physical VTN on the vehicle.

32. Dishonest Smog Check Stations and Smog Check Inspectors can issue

improper/fraudulent Smog Check Certificates of Compliance by using a method known as "clean

plugging." Clean plugging involves using another vehicle's properly functioning OBD II

system, or another source, to generate passing diagnostic readings for the purpose of issuing

fraudulent Certificates of Compliance to vehicles that are not in compliance and/or not present for

testing.

BUREAU iNVESTIGATION

33. Based upon a review of smog check data, the Bureau of Automotive Repair initiated

an investigation into the smog check testing practices of Respondent 2 Brothers Smog Auto

Service. A Bureau representative reviewed the OIS Test Data in detail for Respondents 2 Brothers

and licensed smog check inspectors Gerardo Hemandez, Mario A. Jurado R (aka Mario A. Jurado

Rodriguez), Catherine Cerriteno, and Ricardo Hernandez. The review showed vehicles that had

been certified at 2 Brothers with a pattern of differences between the VIN on the certified vehicle

and the electronic VIN (eVIN) that was transmitted as part of the smog inspection, as well as

incorrect vehicle communication protocols and incorrect PID counts.

34. The OBD II communication protocol describes the SAE specified communication

"language" used by the OBD II computer to communicate to scan tools and other devices such as

the BAR OBD Inspection System ("OIS"). The communication protocol is programmed into the

OBD II computer during manufacturing and does not change.

35. Parameter Identifications ("PIDs") are data points reported by the OBD II

computer to the scan tool or BAR OIS. Examples of PIDs are engine speed (rpm), vehicle speed,

8

In the Matter of the Accusation Against: 2 Brothers Smog Auto Service, Ct al. ACCUSATION

engine temperature, and other input and output values utilized by the OBD 11 computer. The PID

count is the number of data points reported by the OBD II computer, is programmed during

manufacturing, and does not change during normal operation of the vehicle.

36. The data from the certified vehicles were also compared to data of similar vehicles

of the same year, make, and model. The data comparisons showed multiple discrepancies with

sixteen (16) vehicles that were certified with missing eVINs, and/or incorrect vehicle

communication protocols and/or incorrect PID counts. This confirmed the vehicles receiving

smog certificates were fraudulently tested during the smog inspection using the "clean plugging"

method.

37. The Bureau's investigation and review of data for Respondent 2 Brothers revealed

that between November 10, 2015 and June 10, 2016, at least sixteen (16) fraudulent Smog Check

Certificates of Compliance were issued by four licensed Smog Check Inspectors at the facility

using the Clean Plugging method. The data rcvealed that the eVIN was missing for each of the

vehicles certified even though there were corresponding eVINs for the vehicles and license plate

numbers in the data base for each vehicle. There were also discrepancies between the

communication protocols and the PID counts listed for the vehicles and OIS Test Data for similar

year/make/model vehicles. These discrepancies indicated that the OIS Data Acquisition Device

("DAD") was not connected to the tested/certified vehicles, as required.

38. The Bureau's review of the OIS Test Data for Respondent 2 Brothers shows the

following four (4) fraudulent smog inspections were conducted -- and fraudulent smog

Certificates of Compliance were issued -- by Respondent Gerardo Hernandez using his Smog

Check Inspector License No. EQ 633664:

Date Vehicle Certified!

License Plate

Reported eVIN

Reported Protocol

Expected Protocol

Reported PID

Count

Expected PID

Count 11/10/15 2005 Toyota

4Runner #7FAC858

none 1914 ICAN11bt5 10 44

11/11/15 2008Jeep Wrangler #6CDD765

none 1914 1CAN1lbt5 10 43

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12/4/15 2006 Chevrolet Silverado C 1500 #64726U I

none 1914 JVPW 10 22

12/21/15 2008Dodge Charger #7GUD784 *


* On 12/19/15, this same 2008 Dodge Charger (7GUD784) was tested and failed inspection at another Smog Check Station. The OIS Test Detail for this prior test shows the vehicle broadcasted a matching eVIN, reported 43 PIDs, and communicated through ICANi lbts protocol. This prior test record is consistent with expected values for this vehicle.

39. The above discrepancies in the OIS Test Data prove the OIS Data Acquisition Device

(DAD) was not connected to the actual vehicles being certified, causing the issuance of a

fraudulent Smog Certificates of Compliance by Respondent Gerardo Hernandez.


following four (4) fraudulent smog inspections were conducted -- and fraudulent smog

Certificates of Compliance were issued -- by Respondent Catherine Cerriteno using her Smog



License Plate

Reported eVIN

Reported Protocol

Expected Protocol

Reported PID

Count

Expected PID

Count 1/30/16 2006 Subaru

impreza WRX AVRO588

none 1914 KWPF 10 19

2/3/16 2001 Buick LeSabre Custom #4NCC700 *

none 1914 .TVPW 10 19 or 20

2/4/16 2006 Chevrolet Malibu LT

6MKH997 **

none 1914 ICANi lbt5 10 45

2/4/16 2004 Mazda 6S !/6ZZK579

none 1914 ICANI lbts -

10 39

* On January 29, 2016, the same 2001 Buick LeSabre Custom (#4NCC700) was tested and failed inspection at another Smog Check Station. The OIS Test Detail for this prior test shows the vehicle broadcasted a matching eVIN, reported 20 PIDs, and communicated through JVPW protocol. This prior test record is consistent with expected values for this vehicle.

** On January 7,2016, the same 2006 Chevrolet Malibu LT (#6MKH997) was tested and failed inspection at another Smog Check Station. The OIS Test Detail for this prior test shows the vehicle reported 45 PIDs, and communicated through ICANI lbts protocol. This prior test record is consistent with expected values for this vehicle.

10


41. The above discrepancies in the OIS Test Data prove the OIS Data Acquisition

Device (DAD) was not connected to the actual vehicles being certified, causing the issuance of a

fraudulent Smog Certificates of Compliance by Respondent Catherine Cerriteno.


following five (5) fraudulent smog inspections were conducted -- and fraudulent smog

Certificates of Compliance were issued -- by Respondent Mario A. Jurado R. using his Smog

Check Inspector License No. EO 637233:


License Plate

Reported eVIN

Reported Protocol

Expected Protocol

Reported PID

Count

Expected PID

Count 2/18/16 2006 Toyota

Tacoma #7X80057

none 1914 ICAN1lbt5 10 44 or 46

2/23/16 2003 GMC Yukon #6KNN981 *

none 1914 JVPW 10 22

2/25/16 2009 ScioiiTC #7JFL 123


3/3/16 2003 Ford Econoline E350 #6Z0X03 I

none 1914 JWPM 10 18or19

3/5/16 2007 Ford Focus #6E0F355

none 1914 1CAN11bt5 10 37 or 38

17 * On November 4,2014, the same 2003 GMC Yukon (#6KNN981) was inspected and a Smog Check

Certificate of Compliance was issued at another Smog Check Station. The OIS Test Detail for this prior test shows the vehicle reported 22 PIDs, broadcasted an eVIN. and communicated through JVPW 1850 protocol. This prior test record is consistent with expected values for this vehicle.

43. The above discrepancies in the OIS Test Data prove the OIS Data Acquisition

Device (DAD) was not connected to the actual vehicles being certified, causing the issuance of a

fraudulent Smog Certificates of Compliance by Respondent Mario A. Jurado R.


following three (3) fraudulent smog inspections were conducted -- and fraudulent smog

Certificates of Compliance were issued -- by Respondent Ricardo Hernandez using his Smog


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License Plate

Reported eVIN

Reported Protocol

Expected Protocol

Reported PID

Count

Expected PID

Count 3/7/16 2001 Ford

Ranger #6S64466 *

none 1914 JPWM 10 19

6/10/16 2001 Dodge Rain #35401 G 1

Incorrect eVIN

KWPF 1914 128 10/7

6/10/16 2000 Mitsubishi Eclipse RS #T058530

Incorrect eVIN

KWPF 1914 16 16

* On February Certificate of Compliance was issued the vehicle reported 19 PIDs, broadcasted record is consistent with expected

45. The above discrepancies

Device (DAD) was not connected

fraudulent Smog Certificates

46. The data analysis

2015 and June, 2016 shows

R., Catherine Cerriteno, and

sixteen (16) fraudulent Smog

fraudulent electronic Smog

47. 2 Brothers has subjected

section 9884.7, subdivision

statements which it knew or

or misleading when it issued

that those vehicles were in compliance

vehicles had not been inspected.

allegations set forth above in

9, 2015, the same 2001 Ford Ranger (#6S64466) was at another Smog Check Station. The OIS Test Detail

an eVIN, and communicated through the JPWM values for this vehicle.

in the OIS Test Data prove the OIS

to the actual vehicles being certified, causing

of Compliance by Respondent Ricardo Hernandez.

conducted on Respondent 2 Brothers Smog

that Respondents 2 Brothers, Gerardo Hernandez,

Ricardo Hernandez all participated in a scheme

Check inspections resulting in the issuance

Check Certificates of Compliance.

FIRST CAUSE FOR DISCIPLINE

inspected and a Smog Check for this prior test shows protocol. This prior test

Data Acquisition

the issuance of a

between November,

Mario A. Jurado

to peribrni at least

of sixteen (16)

to Bus. & Prof. Code

June 10, 2016, it made

have known were untrue

vehicles, certifying

when, in fact, those

incorporates, the

fully herein.

(Misleading Statements)

its Registration to discipline pursuant

(a)(1), in that between November 10, 2015 and

which by exercise of reasonable care hould

electronic certificates of compliance for certain

with applicable laws and regulations

Complainant refers to, and by this reference

paragraphs 33 through 46, as though set forth

12

In the Matter of the Accusation Against: 2 Brothers Smog Auto Service. et al. ACCUSATION

SECOND CAUSE FOR DISCIPLINE

(Fraud)

48. 2 Brothers has subjected its Registration to discipline pursuant to Bus. & Prof. Code

section 9884.7, subdivision (a)(4), in that between November 10, 2015 and June 10, 2016, it

committed acts which constitute fraud by issuing electronic certificates of compliance for certain

vehicles without performing bona fide inspections of the emission control devices and systems on

those vehicles, thereby depriving the People of the State of California of the protection afforded

by the Motor Vehicle Inspection Program. Complainant refers to, and by this reference

incorporates, the allegations set forth above in paragraphs 33 through 46, as though set forth fully

herein.

THIRD CAUSE FOR DISCIPLINE

(Material Violation of Automotive Repair Act)


section 9884.7, subdivision (a)(6), in that between November 10, 2015 and June 10, 2016, it

failed in a "material respect to comply with the provisions of this chapter or regulations adopted

pursuant to it" when it issued electronic certificates of compliance for certain vehicles without

performing bona fide inspections of the emission control devices and systems on those vehicles,

thereby depriving the People of the State of California of the protection afforded by the Motor

Vehicle Inspection Program. Complainant refers to, and by this reference incorporates, the

allegations set forth above in paragraphs 33 through 46, as though set forth fully herein.

FOURTH CAUSE FOR DISCIPLINE

(False and/or Misleading Statements)


section 17500, in that between November 10, 2015 and June 10, 2016, it disseminated untrue

and/or misleading information into the state's database that smog check inspections had been

performed on vehicles when, in fact, they had not, and by issuing electronic smog certificates of

compliance to those same vehicles which would not have passed a valid smog inspection.

13


Complainant refers to, and by this reference incorporates, the allegations set forth above in

paragraphs 33 through 46 above, as though set forth fully herein.

FIFTH CAUSE FOR DISCIPLINE

(Violation of the Motor Vehicle Inspection Program)

51. 2 Brothers has subjected its Station License to discipline under Health & Saf. Code

section 44072.2, subdivision (a), in that between November 10, 2015 and June 10, 2016,

Respondent violated the following sections of the Health & Saf. Code with respect to the

inspection of certain vehicles:

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

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

b. Section 44015, subdivision (b): Respondent issued electronic certificates of

compliance without properly testing and inspecting the vehicles to determine if they were in

compliance with section 44012 of the Health & Saf. Code.

c. Section 44059: Respondent willfully made false entries for the electronic certificates

of compliance by certifying that those vehicles had been inspected as required when, in fact, they

had not.


paragraphs 33 through 46, as though set forth fully herein.

SIXTH CAUSE FOR DISCIPLINE

(Violations of Regulations Pursuant to the Motor Vehicle Inspection Program)

52. 2 Brothers has subjected its Station License to discipline under Health & Saf. Code

section 44072.2, subdivision (c), in that between November 10, 2015 and June 10, 2016,

Respondent violated the following sections of title 16 of the CCR with respect to the inspection of

certain vehicles:

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

electronic certificates of compliance without performing bona fide inspections of the emission

control devices and systems on those vehicles as required by Health & Saf. Code section 44012.

14


b. Section 3340.35, subdivision (C): Respondent issued electronic certificates of

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

3340.42 of the Health & Saf. Code.

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

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

d. Section 3340.45: Respondent failed to perform Smog Check inspections in

accordance with requirements and procedures prescribed in the Bureau's Smog Check Manual.



SEVENTH CAUSE FOR DISCIPLINE

(Dishonesty, Fraud or Deceit)

53. 2 Brothers has subjected its Statioii License to discipline under Health & Saf. Code

section 44072.2, subdivision (d), in that between November 10, 2015 and June 10, 2016,

Respondent committed acts involving dishonesty, fraud or deceit whereby another was injured by

issuing electronic certificates of compliance for certain vehicles without performing bona fide

inspections of the emission control devices and systems on those vehicles, thereby depriving the

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

Program. Complainant refers to, and by this reference incorporates, the allegations set forth

above in paragraphs 33 through 46, as though set forth fully herein.

EIGHTH CAUSE FOR DISCIPLINE

(Violations of the Motor Vehicle Inspection Program)

54. Respondent Gerardo Hernandez has subjected his Smog Check Inspector and Smog

Check Repair Technician Licenses to discipline under Health & Saf. Code section 44072.2,

subdivision (a), in that between November 10 and December 21, 2015, he violated the following

sections of the Health & Saf. Code with respect to the inspection of certain vehicles:



15

In the Matter of the Accusation Against: 2 Brothers Smog Auto Service, el al. ACCUSATION

0 0

b. Section 44032: Respondent failed to perform tests of the emission control devices

and systems on those vehicles in accordance with section 44012 of the Health & Saf. Code, in

that the vehicles had been clean plugged.



had not.



NINTH CAUSE FOR DISCIPLINE




subdivision (c), in that between November 10 and December 21, 2015, he violated the following

sections of the CCR, title 16, with respect to the inspection of certain vehicles:

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

vehicles in accordance with Health & Saf. Code section 44012.

b. Section 3340.41, subdivision (C): Respondent entered false information into the EIS

for the electronic certificates of compliance by entering vehicle emission control information for

vehicles other than the vehicles being certified.





TENTH CAUSE FOR DISCIPLINE




subdivision (d), in that between November 10 and December 21, 2015, he committed acts

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

certificates of compliance for certain vehicles without performing bona fide inspections of the

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

of California of the protection afforded by the Motor Vehicle Inspection Program. Complainant

refers to, and by this reference incorporates, the allegations set forth above in paragraphs 38

through 39, as though set forth fully herein.

ELEVENTH CAUSE FOR DISCIPLINE


57. Respondent Catherine Cerriteno has subjected her Smog Check Inspector License to

discipline under Health & Saf. Code section 44072.2, subdivision (a), in that between January 30

and February 4, 2016, she violated the following sections of the Health & Saf. Code with respect

to the inspection of certain vehicles:








had not.

Complainant refers to, and by this reference incorporates, the allegations set forth


TWELFTH CAUSE FOR DISCIPLINE



discipline under Health & Saf. Code section 44072.2, subdivision (c), in that between January 30

and February 4, 2016, she violated the following sections of the CCR, title 16, with respect to the


17




b. Section 3340.41, subdivision (c): Respondent entered false information into the EIS







THIRTEENTH CAUSE FOR DISCIPLINE



discipline under Health & Saf. Code section 44072.2, subdivision (d), in that between January 30

and February 4, 2016, she committed acts involving dishonesty, fraud or deceit whereby another

was injured by issuing electronic certificates of compliance for certain vehicles without





FOURTEENTH CAUSE FOR DISCIPLINE


60. Respondent Mario A. Jurado R. has suljected his Smog Check Inspector License to

discipline under Health & Saf. Code section 44072.2, subdivision (a), in that between February

18 and March 5,2016, he violated the following sections of the Health & Saf. Code with respect

to the inspection of certain vehicles:


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

18







had not.

Complainant refers to, and by this reference incorporates, the allegations set forth


FIFTEENTH CAUSE FOR DISCIPLINE


61. Respondent Mario A. Jurado R. has subjected his Smog Check Inspector License to

discipline under Health & Saf. Code section 44072.2, subdivision (c), in that between February

18 and March 5,2016, he violated the following sections of the CCR, title 16, with respect to the











SIXTEENTH CAUSE FOR DISCIPLINE


62. Respondent Mario A. Jurado R. has subjected his Smog Check inspector License to

discipline under Health & Saf. Code section 44072.2, subdivision (d), in that between February

18 and March 5, 2016, he committed acts involving dishonesty, fraud or deceit whereby another

19


was injured by issuing electronic certificates of compliance for certain vehicles without





SEVENTEENTH CAUSE FOR DISCIPLINE


63. Respondent Ricardo Hernandez has subjected his Smog Check Inspector License to

discipline under Health & Saf. Code section 44072.2, subdivision (a), in that between March 7

and June 10, 2016, he violated the following sections of the Health & Saf. Code with respect to

the inspection of certain vehicles:








had not.



EIGHTEENTH CAUSE FOR DISCIPLINE



discipline under Health & Saf. Code section 44072.2, subdivision (c), in that between March 7

and June 10, 2016, he violated the following sections of the CCR, title 16, with respect to the


20











NINETEENTH CAUSE FOR DISCIPLINE



discipline under Health & Saf. Code section 44072.2. subdivision (d), in that between March 7

and June 10, 2016, he committed acts involving dishonesty, fraud or deceit whereby another was

injured by issuing electronic certificates of compliance for certain vehicles without performing

bona fide inspections of the emission control devices and systems on those vehicles, thereby

depriving the People of the State of California of the protection afforded by the Motor Vehicle

Inspection Program. Complainant refers to, and by this reference incorporates, the allegations set

forth above in paragraphs 44 through 45, as though set forth fully herein.

OTHER MATTERS

66. Pursuant Bus. & Prof. Code section 9884.7, subdivision (c), the Director of Consumer

Affairs may suspend, revoke, or place on probation the registrations for all places of business

operated in this state by Raul Xavier Diaz, owner, doing business as 2 Brothers Smog Auto

Service, upon a finding that he has, or is, engaged in a course of repeated and willful violations of

the laws and regulations pertaining to an automotive repair dealer.

67. Pursuant to Health & Saf. Code section 44072.8, if Smog Check Station License

Number RC 275987, issued to Raul Xavier Diaz, owner, doing business as 2 Brothers Smog Auto

Service, is revoked or suspended, any additional license issued under this chapter in the name of

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said licensees may be likewise revoked or suspended by the director.

68. Pursuant to Health & Saf. Code section 44072.8, if Respondent Gerardo Hernandez'

Smog Check Inspector License, currently designated as EQ 633664, and/or Smog Check Repair

Technician License, currently designated as El 633664, is revoked or suspended, any additional

license issued under this chapter in the name of said licensee may be likewise revoked or

suspended by the Director.

69. Pursuant to Health & Saf. Code section 44072.8, if Respondent Mario A. Jurado R.'s

Smog Check inspector License No. EQ 637233 is revoked or suspended, any additional license

issued under this chapter in the name of said licensee may be likewise revoked or suspended by

the Director.

70. Pursuant to Health & Saf. Code section 44072.8, if Respondent Catherine Cerriteno's

Smog Check inspector License No. EQ 635741 is revoked or suspended, any additional license


the Director.

71. Pursuant to Health & Saf. Code section 44072.8, if Respondent Ricardo Hernandez'

Smog Check Inspector License No. EQ 637617 is revoked or suspended, any additional license


the Director.

PRAYER

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

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

I. Revoking or suspending Automotive Repair Dealer Registration No. ARD 275987,

issued to Raul Xavier Diaz, owner, doing business as 2 Brothers Smog Auto Service;

2. Revoking or suspending any other automotive repair dealer registration issued to Raul

Xavier Diaz;

3. Revoking or suspending Smog Check Station License No. RC 275987, issued to Raul

Xavier Diaz, owner, doing business as 2 Brothers Smog Auto Service;

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In the Matter of the Accusation Against: 2 Brothers Smog Auto Service, ci al. ACCUSATION

0 C)

4. Revoking or suspending Smog Check Inspector License No. EQ 633664 and Smog

Check Repair Technician License No. El 633664, issued to Gerardo Hernandez;

5. Revoking or suspending any additional license issued under Chapter 5 of the Health

& Saf. Code in the name of Gerardo Hernandez;

6. Revoking or suspending Smog Check Inspector License No. EQ 637233, issued to

Mario A. Jurado R., aka Mario A Jurado Rodriguez;


& Saf. Code in the name of Mario A. Jurado R., aka Mario A Jurado Rodriguez;


Catherine Cerriteno;


& Saf. Code in the name of Catherine Cerriteno;


Ricardo Hernandez;

11. Revoking or suspending any additional license issued under Chapters of the Health

& Saf. Code in the name of Ricardo Hernandez;

12. Qrdering Respondents 2 Brothers Siiog Auto Service, Raul Xavier Diaz, Gerardo

Hernandez, Mario A. Jurado R., Catherine Cerriteno, and Ricardo Hernandez jointly and

severally to pay the Bureau of Automotive Repair the reasonable costs of the investigation and

enforcement of this case, pursuant to Bus. & Prof. Code section 125.3;

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

DATED: 24/c PATRICK DORAIS Chief Bureau of Automotive Repair Department of Consumer Affairs State of California Complainant

(rev.IO/I7/I6)

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