~i-=1bar.ca.gov/pdf/accusations/rc-171810_2018_01_19_acc.pdf · hassan e. khaziri; dba el monte...

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XAVIER BECERRA Attorney General of California DIANN SOKOLOFF Supervising Deputy Attorney General SHEILA J. V ASANTHARAM Deputy Attorney General State Bar No. 289217

1515 Clay Street, 20th Floor P.O. Box 70550 Oakland, CA 94612-0550 Telephone: (51 0) 879-1006 Facsimile: (510) 622-2270 E-mail: Sheila.Vasantharam@doj .ca.gov

Attorneys for Complainant

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

In the Matter of the Accusation Against:

HASSAN E. KHAZIRI; DBA EL MONTE CHEVRON 1010 El Monte Ave. Mountain View, CA 94040- 2321

Automotive Repair Dealer Registration No. ARD 171810

Smog Check Station License No. RC 171810,

HASSAN ERFAN KHAZIRI 4871 Kingston Way San Jose, CA 95130

Smog Check Inspector License No. EO 307572

Smog Check Repair Technician License No. EI 307572,

Respondents.

CaseNo.lq (n~St\~i-=1

ACCUSATION

(EL MONTE CHEVRON; HASSAN E. KHAZ!Rl) ACCUSATIO

Complainant alleges:

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PARTIES

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

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

5 2. In 1993, the Bureau of Automotive Repair issued Automotive Repair Dealer

6 Registration Number ARD 171810 to Hassan E. Khaziri; dba El Monte Chevron (Respondent El

7 Monte Chevron). The Automotive Repair Dealer Registration was in full force and effect at all

8 times relevant to the charges brought in the Accusation and will expire on April30, 2018, unless

9 renewed.

10 3. On or about May 27, 1993, the Bureau of Automotive Repair issued Smog Check

II Station License Number RC 171810 to Hassan E. Khaziri; dba El Monte Chevron. The Smog

12 Check Station License was in full force and effect at all times relevant to the charges brought in

13 the Accusation and will expire on April30, 2018.

14 4. In 2003, the Bureau of Automotive Repair issued Advanced Emission Specialist

15 Technician License Number EA 307572 to Hassan Erfan Khaziri (Respondent Khaziri). On

16 January 4, 2003, the license was cancelled and reissued as Smog Check Inspector License

17 Number EO 307572 and Smog Check Repair Technician License Number EI 307572. The Smog

18 Check Inspector License was in full force and effect at all times relevant to the charges brought in

19 the Accusation and will expire on January 31, 2019, unless renewed. The Smog Check Repair

20 Technician License expired on January 31, 2017.

21 JURISDICTION

22 5. This Accusation is brought before the Director of the Department of Consumer

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

24 6. Business and Professions Code (Code) section 118, subdivision (b), provides that the

25 suspension/expiration/surrender/cancellation of a license shall not deprive the

26 Board/Registrar/Director of jurisdiction to proceed with a disciplinary action during the period

27 within which the license may be renewed, restored, reissued or reinstated.

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I 7. Section 9884.13 of the Code provides, in pertinent part, that the expiration of a valid

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

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

4 temporarily or permanently.

5 8. Section 44002 of the Health and Safety Code 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.

8 9. Section 44072.6 of the Health and Safety Code provides, in pertinent part, that the

9 expiration or suspension of a license by operation of law, or by order or decision of the Director

10 of Consumer Affairs, or a court of law, or the voluntary surrender of the license shall not deprive

11 the Director of jurisdiction to proceed with disciplinary action.

12 10. Code section 477 provides, in pertinent part, that "Board" includes "bureau,"

13 "commission," "comtnittee," "departtnent," "division,'' "examining cmnmittee," "program," and

14 "agency." "License" includes certificate, registration or other means to engage in a business or

15 profession regulated by the code.

16 STATUTORY PROVISIONS

17 II. Section 9884.7 of the Code states, in pertinent part:

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

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

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

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

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

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

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

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

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27 ( 4) Any other conduct which constitutes fraud.

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3

(EL MONTE CHEVRON; HASSAN E. KHAZIRI) ACCUSATIO

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

2 regulations adopted pursuant to it."

3 12. Section 9889.22 of the Code states:

4 "The willful making of any false statement or entry with regard to a material matter in any

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

6 by this chapter or Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the

7 Health and Safety Code constitutes perjury and is punishable as provided in the Penal Code."

8 13. Section 17200 of the Code states:

9 "As used in this chapter, unfair competition shall mean and include any unlawful, unfair or

10 fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any

11 act prohibited by Chapter I (commencing with Section 17500) of Part 3 of Division 7 of the

12 Business and Professions Code."

13 14. Section 17500 of the Code states:

14 "It is unlawful for any person, firm, corporation or association, or any employee thereof

15 with intent directly or indirectly to dispose of real or personal property or to perform services,

16 professional or otherwise, or anything of any nature whatsoever or to induce the public to enter

17 into any obligation relating thereto, to make or disseminate or cause to be made or disseminated

18 before the public in this state, or to make or disseminate or cause to be made or disseminated

19 from this state before the public in any state, in any newspaper or other publication, or any

20 advertising device, or by public outcry or proclamation, or in any other manner or means

21 whatever, including over the Internet, any statement, concerning that real or personal property or

22 those services, professional or otherwise, or concerning any circumstance or matter of fact

23 connected with the proposed performance or disposition thereof, which is untrue or misleading,

24 and which is known, or which by the exercise of reasonable care should be known, to be untrue or

25 misleading, or for any person, firm, or corporation to so make or disseminate or cause to be so

26 made or disseminated any such statement as part of a plan or scheme with the intent not to sell

27 that personal property or those services, professional or otherwise, so advertised at the price

28 stated therein, or as so advertised. Any violation of the provisions of this section is a

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(EL MONTE CHEVRON; HASSAN E. KHAZIRI) ACCUSA TIO

1 misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a

2 fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and

3 fine."

4 15. Section 44012, subdivision (f) of the Health and Safety Code states:

5 "The test at the smog check stations shall be performed in accordance with procedures

6 prescribed by the department, pursuant to Section 44013, shall require, at a minimum, loaded

7 mode dynamometer testing in enhanced areas, and two-speed testing in all other program areas,

8 and shall ensure all of the following:

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10 "(f) A visual or functional check is made of emission control devices specified by the

11 department, including the catalytic converter in those instances in which the department

12 determines it to be necessary to meet the findings of Section 44001. The visual or functional

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

14 16. Section 44015 of the Health and Safety Code states, in pertinent pa1t:

15 "(b) If a vehicle meets the requirements of Section 44012, a smog check station licensed to

16 issue certificates shall issue a certificate of compliance or a certificate of noncompliance."

17 17. Section 44032 of the Health and Safety Code states, in pertinent part:

18 "No person shall perform, for compensation, tests or repairs of emission control devices or

19 systems of motor vehicles required by this chapter unless the person performing the test or repair

20 is a qualified smog check technician and the test or repair is performed at a licensed smog check

21 station. Qualified technicians shall perform tests of emission control devices and systems in

22 accordance with Section 44012."

23 18. Section 44059 of the Health and Safety Code states:

24 "The willful making of any false statement or entry with regard to a material matter in any

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

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

27 and Professions Code, constitutes perjury and is punishable as provided in the Penal Code."

28 ///

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(EL MONTE CHEVRON; HASSAN E. KHAZ!Rl) 1\CCUSA TIO

1 19. Section 115 of the Penal Code states, in pertinent part:

2 "(a) Every person who knowingly procures or offers any false or forged instrument to be

3 filed, registered, or recorded in any public office within this state, which instrument, if genuine,

4 might be filed, registered, or recorded under any Jaw of this state or of the United States, is guilty

5 of a felony.

6 "(b) Each instrument which is procured or offered to be filed, registered, or recorded in

7 violation of subdivision (a) shall constitute a separate violation of this section."

8 20. Section 20 of the Vehicle Code states:

9 "It is unlawful to use a false or fictitious name, or to knowingly make any false statement or

10 knowingly conceal any material fact in any document filed with the Department of Motor

11 Vehicles or the Department of the California Highway Patrol."

12 21. Section 4463 of the Vehicle Code states, in pertinent part:

13 "(a) A person who, with intent to prejudice, damage, or defraud, commits any of the

14 following acts is guilty of a felony and upon conviction thereof shall be punished by

15 imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or

J 6 two or three years, or by imprisonment in a county jail for not more than one year:

17 (I) Alters, forges, counterfeits, or falsifies a certificate of ownership, registration card,

18 certificate, license, license plate, device issued pursuant to Section 4853, special plate, or permit

19 provided for by this code or a comparable certificate of ownership, registration card, certificate,

20 license, license plate, device comparable to that issued pursuant to Section 4853·, special plate, or

21 permit provided for by a foreign jurisdiction, or alters, forges, counterfeits, or falsifies the

22 document, device, or plate with intent to represent it as issued by the department, or alters, forges,

23 counterfeits, or falsifies with fraudulent intent an endorsement of transfer on a certificate of

24 ownership or other document evidencing ownership, or with fraudulent intent displays or causes

25 or permits to be displayed or have in his or her possession a blank, incomplete, canceled,

26 suspended, revoked, altered, forged, counterfeit, or false certificate of ownership, registration

27 card, certificate, license, license plate, device issued pursuant to Section 4853, special plate, or

28 permit.

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1 (2) Utters, publishes, passes, or attempts to pass, as true and genuine, a false, altered,

2 forged, or counterfeited matter listed in paragraph (I) knowing it to be false, altered, forged, or

3 counterfeited."

4 22. Section 502 of the Penal Code states, in pertinent part:

5 "(c) Except as provided in subdivision (h), any person who commits any of the following

6 acts is guilty of a public offense:

7 (I) Knowingly accesses and without permission alters, damages, deletes, destroys, or

8 otherwise uses any data, computer, computer system, or computer network in order to either (A)

9 devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control

10 or obtain money, property, or data."

II REGULATORY PROVISIONS

12 23. California Code of Regulations, title 16, section 3373, states:

13 "No automotive repair dealer or individual in charge shall, in filling out an estimate,

14 invoice, or work order, or record required to be maintained by section 3340.15(£) of this chapter,

15 withhold therefrom or insert therein any statement or information which will cause any such

16 document to be false or misleading, or where the tendency or effect thereby would be to mislead

17 or deceive customers, prospective customers, or the public."

18 24. California Code of Regulations, title 16, section 3340.30, states, in pertinent part:

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

20 requirements at all times while licensed:

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

22 Health and Safety Code, section 44035 of the Health and Safety Code, and section 3340.42 of this

23 article."


25 "(c) A licensed station shall issue a certificate of compliance or noncompliance to the

26 owner or operator of any vehicle that has been inspected in accordance with the procedures

27 specified in section 3340.42 of this article and has all the required emission control equipment

28 and devices installed and functioning correctly. The following conditions shall apply:

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(EL MONTE CHEVRON; HASSAN E. KHAZIR!) ACCUSA 110

1 "(I) Customers shall be charged the same price for certificates as that paid by the licensed

2 station; and

3 "(2) Sales tax shall not be assessed on the price of certificates."


5 "(c) No person shall enter into the emissions inspection system any vehicle identification

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

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

8 information about the vehicle being tested."


10 "Smog check inspection methods are prescribed in the Smog Check Manual, referenced by

II section 3340.45.

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13 "(b) In addition to subsection (a), all vehicles subject to the smog check program shall

14 receive the following:

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16 "(2) A functional inspection of emission control systems as specified in the Smog Check

17 Manual, referenced by section 3340.45, which may include an OBD test, to verify their proper

18 operation."


20 "(a) All Smog Check inspections shall be performed in accordance with requirements and

21 procedures prescribed in the following:

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

24 manual shall become effective on or after January I, 2013.

25 COST RECOVERY PROVISION

26 29. Section 125.3 of the Code provides, in pertinent part, that a Board may request the

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

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(EL MONTE CHEVRON; HASSAN E. KHAZIRI) ACCUSA TJO

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

2 enforcement of the case.

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FACTUAL ALLEGATIONS

30. Bureau representative Kim Smith reviewed the OIS Data for vehicles inspected by

Respondent Khaziri using the BAR-OIS at El Monte Chevron between September 22, 2016 to

February 17,2017. During Smith's investigation, she accessed the Vehicle Information Database

(VID), and performed a focused review ofBAR-OIS test data for El Monte Chevron. BAR-OIS

test data is the OBD information transmitted during a smog inspection from the computer of the

vehicle being inspected to the BAR-OIS. Beginning March 9, 2015, California's Smog Check

Program was updated and now requires smog inspectors and stations to use the BAR-OIS

computer system during smog inspections, for most model year 2000 and newer gasoline and

hybrid vehicles, and most 1998 and newer diesel vehicles. The BAR-OIS consists of a BAR

certified Data Acquisition Device (DAD), computer, bar code scanner, and printer. The DAD

serves as an on-board diagnostic (OBD) scan tool. The DAD is an interface box that connects the

computer containing the BAR-OIS software to the diagnostic link connector (DLC) of the vehicle

being inspected. When requested by the BAR-OIS software, the DAD retrieves data from the

vehicle's on-board computer system (OBD II).

31. The information obtained by the BAR-OIS software during a smog inspection is

organized in a detailed inspection report for each vehicle inspected and is known as a BAR-OIS

Test Detail. The BAR-OIS Test Detail contains information segregated into eight different

blocks titled as follows: Station, Vehicle, Test Status, Visual Details, Functional Details, OBDII

Details, OBDII Readiness Monitor Status, and OBDII DTC Details. For the purposes of Smith's

investigation of Respondent El Monte Chevron, she focused on information in the "Vehicle" and

"OBDII Details" blocks because they contain a unique combination of information for the vehicle

being inspected and "like vehicles" inspected. Like vehicles are vehicles of the same

manufacturer, model, and model year that were inspected on the BAR-OIS. The unique

combination of information analyzed by Smith includes the eVIN, PID count, and protocol.

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Smith compared the eVIN, communication protocol, and PID count for a vehicle that was

certified to like vehicles.

32. Smith identified four vehicles certified by Respondents El Monte Chevron and

Khaziri between approximately September 22, 2016, and February 17, 2017, that failed to

transmit the expected eVIN, protocol, and PID count. The data transmitted during Respondent

Khaziri's inspections either differed from the OIS data the vehicles transmitted during other

inspections, or the data was inconsistent with the OIS data transmitted by "like vehicles"

inspected, or both.

33. The OIS Data transmitted by the vehicles during the other inspections was

consistent with the OIS Data transmitted by like vehicles inspected. The OIS Data transmitted by

the four vehicles identified by Smith was not consistent with OIS Data for like vehicles inspected.

34. Smith's review of The BAR-OIS data for the vehicles certified by Respondents El

Monte Chevron and Khaziri during the above time period revealed a pattern of fraudulent smog

inspections that resulted in the issuance of fraudulent certificates of compliance. There were at

least four instances in which Respondent Khaziri certified vehicles that were not connected to the

DAD during the smog inspection. Respondent Khaziri therefore clean plugged four vehicles,

resulting in Respondent El Monte Chevron issuing four fraudulent Certificates of Compliance

between approximately September 22, 2016, and February 17, 2017. The details of each instance

of clean plugging is as follows:

35. Clean Plug Number 1:

a. Smith's review of the OIS test OBD Inspection List for El Monte Chevron

22 indicated that on September 22, 2016, Respondent Khaziri inspected a 2006 Chevrolet Cobalt LS,

23 VIN 1 G 1AK15F867758601, and Respondent El Monte Chevron issued smog certificate of

24 compliance ZJ327339C. The OIS Test Data shows that during Khaziri's inspection, an incorrect

25 eVIN of JH4CU26689C030995 was reported, the communication protocol was listed as

26 ICAN29bt5, and the PID count was 37/19. Comparative OIS Test Data for approximately 919

27 like 2006 Chevrolet Cobalts LS show that 96.5% of the time they transmit their correct eVINs,

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(EL MONTE CHEVRON; HASSAN E. KHAZTRI) ACCUSATIO

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they transmit a communication protocol ofiCANIIbt5, and they transmit a PID count of38,

38/7, 39, or 39/7.

b. Furthermore, on August 4, 2015, the same 2006 Chevrolet Cobalt LS was

inspected using the BAR-OIS. During that inspection, the correct eYIN was reported, the

communication was through the expected protocol of I CAN II bt5, and the expected PID count of

38/7 was transmitted. The vehicle passed the smog inspection.

36. Clean Plug Number 2:

a. Smith's review of the OIS test OBD Inspection List for El Monte Chevron

indicated that on February 3, 2017, Respondent Khaziri inspected a 2000 Ford Expedition Eddie

Bauer, YIN IFMPUI8L2YLA06668, and Respondent El Monte Chevron issued smog certificate

of compliance ZN004989C. The OIS Test Data shows that during Khaziri's inspection, the eYIN

was not reported, the communication protocol was listed as NPW, and the PID count was 15.

Comparative OIS Test Data for approximately I ,000 like 2000 Ford Expeditions Eddie Bauer

show that 96.9% of the time they transmit their correct eYINs, they transmit a communication

protocol of JPWM, and they transmit a PID count of20.

b. Furthermore, on February I, 2017, the same 2000 Ford Expedition Eddie Bauer

17 was inspected using the BAR-OIS. During that inspection, the correct eYIN was reported, the

18 communication was through the expected protocol of JPWM, and the expected PID count of 20

19 was transmitted. The vehicle failed the smog inspection.

20 37. Clean Plug Number 3:

21 a. Smith's review of the OIS test OBD Inspection List for El Monte Chevron

22 indicated that on February 9, 2017, Respondent Khaziri inspected a 2004 Nissan Xterra XE; YIN

23 5NIED28T74C61 0062, and Respondent El Monte Chevron issued smog certificate of compliance

24 ZN004992C. The OIS Test Data shows that during Khaziri's inspection, an incorrect eYIN of

25 5LMFU27527LJ24154 was reported, the communication protocol was listed as ICAN!lbt5, and

26 the PID count was 43/16. Comparative OIS Test Data for approximately I ,000 like 2004 Nissan

27 Xterras XE show that 94.4% of the time they do not transmit their eY!Ns, they transmit a

28 communication protocol of 1914, and they transmit a PID count of 22.

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I b. Furthermore, on December 13,2016, the same 2004 Nissan Xterra XE was

2 inspected using the BAR -OIS. During that inspection, the e YIN was not reported, the

3 communication was through the expected protocol ofi914, and the expected PID count of22 was

4 transmitted. The vehicle passed the smog inspection.

5 38. Clean Plug Number 4:

6 a. Smith's review of the OIS test OBD Inspection List for El Monte Chevron

7 indicated that on February 17,2017, Respondent Khaziri inspected a 2008 Saturn Aura XE, YIN

8 I G8ZS57BX8Fl78099, and Respondent El Monte Chevron issued smog certificate of compliance

9 ZP396601C. The OIS Test Data shows that during Khaziri's inspection, an incorrect eYIN of

10 IHGEM22934L020606 was reported, the communication protocol was listed as I914, and the

II PID count was 17. Comparative OIS Test Data for approximately 622 like 2008 Saturn Auras

12 show that 98.4% of the time they transmit their correct eYINs, they transmit a communication

13 protocol of!CAN11bt5, and they transmit a PID count of38/7.

14 b. Furthermore, on January 6, 2015, the same 2008 Saturn Aura XS was inspected

15 using the BAR-OIS. During that inspection, the correct eYIN was rep01ted, the communication

16 was through the expected protocol ofiCANllbt5, and the expected PID count of 38/7 was

17 transmitted. The vehicle passed the smog inspection.

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Fraudulent 5LMFU27527LJ24154 !CAN II bt5 43/16 InsQection 2/9/17 Prior Inspection Not Reported 1914 22

12/13/16 Expected Value Not Usually Reported !914 22

Clean Plug Cert. # eVIN Protocol PID Count ~ ''i'. t'{;,. ~· ZP396601C

Fraudulent 1HGEM22934L020606 !914 17 Inspection

2/17/17 Prior Inspection I G8ZS57BX8Fl78099 ICANllbt5 38/7

1/6/15 Expected Value I G8ZS57BX8FI78099 ICANllbt5 38/7

Respondent El Monte Chevron:

FIRST CAUSE FOR DISCIPLINE (Bus. & Prof Code,§ 9884.7, subd. (a)(l))

(Making or Authorizing Untrue or Misleading Statements)

39. Respondent El Monte Chevron has subjected its Automotive Repair Dealer

Registration and Smog Check Station License to disciplinary action in that Respondent El Monte

Chevron made untrue statements when it issued four fraudulent certificates of compliance and

failed to comply with the Automotive Repair Act as set forth in paragraphs 30 to 38, above. (Bus.

& Prof Code,§ 9884.7, subd. (a)(!).)

SECOND CAUSE FOR DISCIPLINE

(Bus. & Prof. Code,§ 9884.7, subd. (a)(4)) (Fraud)


Registration and Smog Check Station License to discipline in that Respondent El Monte Chevron

engaged in fraud when it issued four fraudulent certificates of compliance as set forth in

paragraphs 30 to 38, above. (Bus. & Prof. Code, section 9884.7, subd, (a)(4).)

THIRD CAUSE FOR DISCIPLINE

(Bus. & Prof Code,§ 9884.7, subd. (a)(6); Health & Saf. Code,§ 44072.2, subds. (a), (c)) (Failure to Comply with the Automotive Repair Act)


Registration and Smog Check Station License to discipline in that it failed to comply with the

Automotive Repair Act and sections of the Code and applicable regulations as set forth in

13 ·-·--

(EL MONTE CHEVRON; HASSAN E. KHAZJRI) ACCUSA Tim

paragraphs 30 to 38, above. (Bus. & Prof Code,§ 9884.7, subd. (a)(6); Health & Saf. Code,§

2 44072.2.) The violations are as follows:

3 a. Health & Safety Code,§ 44012, subd. (f): Respondent El Monte Chevron failed to

4 follow test procedures in accordance with the Onboard Inspection System (OIS) specifications

5 when it failed to properly conduct the functional portion of the smog inspection by failing to

6 connect four vehicles to the BAR-OIS when they were being certified.

7 b. Cal. Code Regs., tit. 16, § 3340.24, subd. (c): Respondent El Monte Chevron falsely

8 or fraudulently issued certificates of compliance for vehicles without performing bona fide

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

10 Safety Code section 44012.

11 c. Cal. Code Regs., tit. 16, § 3340.35, subd. (c): Respondent El Monte Chevron issued

12 certificates of compliance to vehicles that were not properly inspected in accordance with

13 California Code ofRegu1ations, title 16, section 3340.42.

d. Cal. Code Regs., tit. 16, § 3340.42, subd. (b)(2): Respondent E1 Monte Chevron 14

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failed to conduct the functional inspection in accordance with the smog check manual referenced

in California Code of Regulations, title 16, section 3340.45.

FOURTH CAUSE FOR DISCIPLINE

(Health & Saf. Code,§ 44072.2, subd. (d)) (Dishonesty, Fraud, or Deceit)

19 42. Respondent El Monte Chevron has subjected its Automotive Repair Dealer

20 Registration and Smog Station License to discipline in that it committed acts involving

21 dishonesty, fraud or deceit, whereby another was injured, by issuing four fraudulent certificates of

22 compliance as set forth in paragraphs 30 to 38, above. (Health & Saf. Code, § 44072.2, subd.

23 (d).)

24 Ill

25 Ill

26 Ill

27 Ill

28 Ill

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(EL MONTE CHEVRON; HASSAN E. KHAZIRJ) ACCUSATIO

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Respondent Khaziri:

FIRST CAUSE FOR DISCIPLINE

(Health & Saf. Code,§ 44072.2, subds. (a), (c)) (Violation of Motor Vehicle Inspection Program)

4 43. Respondent Khaziri has subjected his Smog Check Inspector License and Smog

5 Check Repair Technician License to discipline in that he violated sections of the Code and

6 applicable regulations when he failed to connect four vehicles to the BAR-OlS when they were

7 being certified, as set forth in paragraphs 30 to 38, above. (Health & Safe Code, § 44072.2,

8 subds. (a), (c).) The circumstances are as follows:

9 a. Health & Saf. Code, § 44012, subd. (I): Respondent Khaziri failed to follow test

I 0 procedures in accordance with the OIS specifications and failed to perform a functional

II inspection of required equipment.

12 b. Health & Saf. Code, § 44032: Respondent Khaziri failed to ensure that the emission

13 control test was performed in accordance with the procedures prescribed by the department.

14 c. Cal. Code Regs., tit. 16, § 3340.24, subd. (c): Respondent Khaziri falsely or

15 fraudulently caused certificates of compliance to be issued to vehicles without performing bona

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

17 and Safety Code section 44012.

18 d. Cal. Code Regs., tit. 16, § 3340.30, subd. (a): Respondent Khaziri failed to inspect

19 and test four vehicles in accordance with Health & Safety Code sections 44012 and 44035, and

20 California Code of Regulations, title 16, section 3340.42.

21 e. Cal. Code Regs., tit. 16, § 3340.35, subd. (c): Respondent Khaziri caused

22 certificates of compliance to be issued to vehicles that were not properly inspected in accordance

23 with California Code of Regulations, title 16, section 3340.42.

24 f. Cal. Code Regs., tit. 16, § 3340.41, subd. (c): Respondent Khaziri entered into the

25 BAR-OIS vehicle identification information or emission inspection information for a vehicle

26 other than the vehicle being inspected, and also entered false information for the vehicle being

2 7 inspected.

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g. Cal. Code Regs., tit. 16, § 3340.42, subd. (b)(2): Respondent Khaziri failed to

conduct the functional inspection in accordance with the smog check manual referenced in

California Code of Regulations, title 16, section 3340.45.

SECOND CAUSE FOR DISCIPLINE (Health & Saf. Code, § 44072.2, subd. (d))

(Dishonesty, Fraud, or Deceit)

6 44. Respondent Khaziri has subjected his Smog Check Inspector License and Smog

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Check Repair Technician License to discipline in that he committed acts involving dishonesty,

fraud or deceit, whereby another was injured, by issuing four fraudulent certificates of

compliance as set forth in paragraphs 30 to 38, above. (Health & Saf. Code, § 44072.2, subd.

(d).)

THIRD CAUSE FOR DISCIPLINE (Bus. & Prof Code,§ 9889.22; Penal Code,§ I 15)

(Perjury)

45. Respondent Khaziri has subjected his Smog Check Inspector License and Smog

Check Repair Technician License to discipline in that he made a false or forged instruments when

he issued four fraudulent certificates of compliance as set forth in paragraphs 30 to 38, above.

(Bus. & Prof Code,§ 9889.22; Penal Code,§ 115.)

FOURTH CAUSE FOR IllSCIPLINE (Veh. Code, § 20) (False Statements)

46. Respondent Khaziri has subjected his Smog Check Inspector License and Smog

Check Repair Technician License to discipline in that he issued false or misleading statements in

a document filed with the Department of Motor Vehicles when he issued four fraudulent

certificates of compliance as set forth in paragraphs 30 to 38, above. (Veh. Code, § 20.)

OTHER MATTERS

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

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

Respondent El Monte Chevron, upon a finding that Respondent El Monte Chevron has, or is,

16 ---····~-----

(EL MONTE CHEVRON; HASSAN E. KHAZIRT) ACCUSATIO

1 engaged in a course of repeated and willful violations of the laws and regulations pertaining to an

2 automotive repair dealer.

3 48. Pursuant to Health & Safety Code section 44072.8, if Respondent El Monte

4 Chevron's Station License is revoked or suspended, any additional license issued under Chapter 5

5 of Part 5 of Division 26 of the Health and Safety Code in the name of said licensee may be

6 likewise revoked or suspended by the director.

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

8 Check Inspector and/or Smog Check Repair Technician Licenses are revoked or suspended, any

9 additional license issued under Chapter 5 of Part 5 of Division 26 of the Health and Safety Code

10 in the name of said licensee may be likewise revoked or suspended by the director.

11 PRAYER

12 WHEREFORE, Complainant requests that a hearing be held on the matters alleged in this

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

I. Revoking or suspending Automotive Repair Dealer Registration Number ARD

171810, issued to Hassan E. Khaziri; dba El Monte Chevron;

2. Revoking or suspending any additional automotive repair dealer registrations issued

to Hassan E. Khaziri;

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18 3. Revoking or suspending Smog Check Station License Number RC 171810, issued to

]9 Hassan E. Khaziri; dba El Monte Chevron;

20 4. Revoking or suspending Smog Check Inspector License Number EO 307572 issued

21 to Hassan Erfan Khaziri;

22 5. Revoking or suspending Smog Check Repair Technician License Number EI 307572

23 issued to Hassan Erfran Khaziri;

24 6. Revoking or suspending any additional licenses issued under Chapter 5, Part 5,

25 Division 26 of the Health and Safety Code in the name of Hassan Erfan Khaziri.

26 7. Ordering Hassan E. Khaziri; dba El Monte Chevron to pay the Bureau of Automotive

27 Repair the reasonable costs of the investigation and enforcement of this case, pursuant to

28 Business and Professions Code section 125.3;

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(EL MONTE CHEVRON; HASSAN E. KI-IAZIRI) ACCUSA TIO

I 8. Ordering Hassan Erfan Khaziri to pay the Bureau of Automotive Repair the

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

3 Professions Code section 125.3; and

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

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DATED: ~Ua/'(j ~~ '20/j

OK2017901521 13 90882278.docx

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

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(EL MONTE CHEVRON; HASSAN E. KI-IAZIRI) ACCUSATIO

~i-=1bar.ca.gov/pdf/accusations/rc-171810_2018_01_19_acc.pdf · hassan e. khaziri; dba el monte...

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