kamala d. harris diann sokoloff · pdf filekamala d. harris attorney general of california 2...

KAMALA D. HARRIs Attorney General of California

2 DIANN SOKOLOFF Supervising Deputy Attorney General

3 KlM M. SETILES Deputy Attorney General

4 State Bar No . 116945 1515 Clay Street, 20th Floor

5 P.O. Box 70550 Oakland, CA 94612-0550

6 Telephone: (510) 622-2138 Facsimile: (510) 622-2270

7 E-mail: [email protected] Attorneys for Complainant

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BEFORE THE

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DEPARTMENT OF CONSUMER AFFAIRS FOR THE BUREAU OF AUTOMOTIVE REPAIR

STATE OF CALIFORNIA

In the Matter ofthe Accusation Against:

LOUIS K. SAADEH, President, HANI J. KASSIS, Secretary/Treasurer, HL ENTERPRISES INC. ,dba TAM JUNCTION SMOG 251 Shoreline Highway, Unit B Mill Valley, CA 45941

459 Neptune Drive Redwood City, CA 94065

Automotive Repair Dealer Registration No. ARD 256972 .

Smog Check, Test Only, Station License No. TC 256972

JAMES DEAN LEEP 521 Crinella Drive Petaluma, CA 45954

Smog Check Inspector License No. EO 29763

Smog Check Repair Technician License No. EI29763

Respondents.

Case No. -, q \ \ lb -0653

ACCUSATION

TAM JUNCTION SMOG ACCUSATION

1 Complainant alleges:

2 PARTIES

3 1. 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. On or about December 22, 2008, the Bureau of Automotive Repair issued

6 Automotive Repair Dealer Registration Number ARD 256972 to Louis K. Saadeh, President;

7 Hani J. Kassis, Secretary/Treasurer; HL Enterprises, Inc., dba Tam Junction Smog

8 ("Respondent"). The Automotive Repair Dealer Registration was in full force and effect at all

9 times relevant to the charges brought in this Accusation and will expire on December 31, 2016,

10 unless renewed.

11 3. On or about January 16, 2009, the Bureau of Automotive Repair issued Smog Check,

12 Test Only Station License Number TC 256972 to Louis K. Saadeh, President; Hani J. Kassis,

13 Secretary/Treasurer; HL Enterprises, Inc., dba Tam Junction Smog ("Respondent") . The Smog

14 Check, Test Only Station License was in full force and effect at all times relevant to the charges

15 brought in this Accusation and will expire on December 31, 2016, unless renewed.

16 4. On or about 2002, the Bureau of Automotive Repair issued Advanced Emission

17 Specialist Technician License No. EA 29763 to James Dean Leep. ("Respondent"). The

18 Advanced Emission Specialist Technician License was due to expire on December 31,2012,

19 however, was cancelled on December 17,2012. The Advanced Emission Specialist License was

20 renewed pursuant to Respondent's election as Smog Check Inspector License No. EO 29763 and

21 Smog Check Repair Technician License No. EI 29763, effective December 17,2012. The Smog

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

23 this Accusation and will expire on December 31, 2016, unless renewed. The Smog Check Repair

24 Technician License expired on December 31, 2014.

25 JURISDICTION

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

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

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

the expiration of a license shall not deprive the Director of jurisdiction to proceed with a

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

or reinstated.

7. Code section 9884.13 of the Code provides, in pertinent part, that the expiration of a

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

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

registration temporarily or permanently.

8. Code section 9889.1 provides, in pertinent part, that the Director may suspend or

revoke any license issued under Articles 5 and 6 (commencing with section 9887.1) of the

Automotive Repair Act.

9. Code section 9889.7 provides, in pertinent part, that the expiration or suspension ofa

license by operation of law by order or decision of the Director or a court of law, or the voluntary

surrender of a license shall not deprive the director of jurisdiction to proceed with any

disciplinary proceedings.

10. Section 44002 ofthe 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.

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

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

of Consumer Affairs, or a court of law, or the vo luntary surrender of the license shall not deprive

the Director of jurisdiction to proceed with any investigation of, or action or disciplinary

proceedings against the licensee, or to render a decision suspending or revoking the license.

STATUTORY/REGULATORY PROVISIONS

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

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

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

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

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

2 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

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

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

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7 (4) Any other conduct which constitutes fraud.

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

10 regulations adopted pursuant to it.

11 13. Section 9889.3 ofthe Code states, in pertinent part:

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

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

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

15 licensed activities.

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

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

19 14. Section 44072.2 ofthe Health and Safety Code states, in pertinent part:

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

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

22 following:

23 "(a) Violates any section of this chapter [the Motor Vehicle Inspection Program (Health

24 and Sat Code, § 44000, et seq.)] and the regulations adopted pursuant to it, which related to the

25 licensed activities.

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

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

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1 15. Section 44032 of the Health and Safety Code states:

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

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

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

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

6 accordance with Section 44012."

7 16. Section 44012 of the Health and Safety Code states, in pertinent part:

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

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

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

11 and shall ensure all of the following:

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

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

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

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

17 17. California Code of Regulations, title 16, section 3340.42, states, in pertinent part:

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

19 section 3340.45.

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

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

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

26 operation."

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

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1 "A smog check technician shall comply with the following requirements at all times while

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3 "(a) A licensed technician shall inspect, test and repair vehicles in accordance with section

4 44012 ofthe Health and Safety Code, section 44035 of the Health and Safety Code, and section

5 3340.42 of this article."

6 COST RECOVERY

7 19. Section 125.3 of the Code provides, in pertinent part, that the Bureau may request the

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

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

10 enforcement of the case, with failure of the licentiate to comply subjecting the license to not being

11 renewed or reinstated. If a case settles, recovery of investigation and enforcement costs may be

12 included in a stipulated settlement.

13 FACTUAL ALLEGATIONS

14 20. On January 15,2016, Bureau representative Moses Avitia reviewed the OIS ("On-

15 Board Inspection System") smog data for vehicles inspected by James Dean Leep and certified by

16 Tam Junction Smog, for the period between November 7, 2014 and December 15,2015. During

17 Avitia's investigation, he accessed the VID ("Vehicle Identification Data"), and performed a

18 focused review ofBAR-OIS test data for Tam Junction Smog. BAR-OIS test data is the OBD

19 ("On Board Diagnostics System") information transmitted during a smog inspection from the

20 computer of the vehicle being inspected to the BAR-OIS. Beginning March 9, 2015, California's

21 Smog Check Program was updated and now requires smog inspectors and stations to use the

22 BAR-OIS computer system during smog inspections, for most model year 2000 and newer

23 gasoline and hybrid vehicles, and most 1998 and new diesel vehicles. The BAR-OIS consists of a

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

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

26 connects the computer containing the BAR-OIS software to the diagnostic link connector

27 ("DLC") ofthe vehicle being inspected. When requested by the BAR-OIS software, the DAD

28 retrieves data from the vehicle's on-board computer system ("OBD II").

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

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

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

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

5 Details, OBDII Readiness Monitor Status, and OBDII DTC Details. For the purposes of

6 Cummings' investigation of Respondent, he focused on information in the "Vehicle" and "OBDII

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

8 inspected and "like vehicles" inspected. Like vehicles are vehicles of the same manufacturer,

9 model, and model year that were inspected on the BAR-OIS. The unique combination of

10 information analyzed by A vitia includes the e VIN ("Electronic Vehicle Identification Number"),

11 PID ("Parameter Identification") count, and communication protocol. Avitia compared the eVIN,

12 communication protocol, and PID count for a vehicle that was certified to like vehicles.

13 22. Avitia identified ten vehicles certified by Respondents Tam Junction Smog and James

14 Dean Leap's inspection either differed from the OIS data the vehicles transmitted during other

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

16 inspected or both.

17 23. Avitia's review of the BAR-OIS data for the vehicles certified by Respondents Tam

18 Junction Smog and James Dean Leap during the above-referenced time period revealed a pattern

19 of fraudulent smog inspections that re'sulted ,in the issuance of fraudulent certificates of

20 compliance. There were ten instances in which Respondent James Dean Leep certified vehicles

21 that were not connected to the DAD when they were certified. Respondent James Dean Leep

22 therefore clean plugged ten vehicles, resulting in Respondent Tam Junction Smog issuing ten

23 fraudulent Certificate of Compliance between November 7,2014 and December 15, 2015. The

24 details of each instance of clean plugging is as follows:

25 24. Clean Plug Number 1:

26 a. Avitia's review of the OIS Test Data contained in the BAR's VID indicates that on

27 November 7,2014, Respondent James Dean Leep inspected a 2006 Maserati Quattroporte M139,

28 VIN # ZAMCE39A860021405, and Tam Junction Smog issued smog Certificate of Compliance

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1 #PM380010C. The OIS Test Details for the Acura shows eVIN #ZAMFE39A470031217, the

2 communication protocol is listed as ICANllbt500, and the PID count was 42. Comparative OIS

3 Test data shows that similar 2006 Maserati Quattroporte M139 vehicles report the eVIN, have an

4 expected communication protocol ofI914, and an expected PID count of22.

5 b. The discrepancies in the OIS Test Data establishes the OIS DAD was not connected

6 to the 2006 Maserati Quattroporte M139 being certified, resulting in the issuance of a fraudulent

7 smog Certificate of Compliance.

8 c. On October 13,2014, the same 2006 Maserati Quattroporte M139 failed a smog

9 inspection at Vista Test Only Center. During the inspection, the correct e VIN was reported, the

10 communication protocol was listed as 1914, and PID count was 22.


12 a. Avitia review of the OIS Test Data contained in the BAR's VID indicates that on

13 May 1, 2015, Respondent James Dean Leep inspected a 2008 Buick Lucerne CXL, VIN

14 #IG4HD572X8UI25194, and Tam Junction Smog issued smog Certificate of Compliance

15 #PQ952531C. The OIS Test Details for the Acura shows eVIN #lGCGG25V951254656, the

16 communication protocol is listed as NPW1850, and the PID count was 22. Comparative OIS

17 Test data shows that similar 2008 Buick Lucerne CXL vehicles report the eVIN, have an

18 expected communication protocol ofICAN11 bt5, and an expected PID count of 40 or 41.


20 to the 2008 Buick Lucerne CXL being certified, resulting in the issuance of a fraudulent smog

21 Certificate of Compliance.

22 c. On October 21,2015, the same 2008 Buick Lucern CXL passed a smog inspection at

23 Millenium Auto Care. During the inspection, the correct e VIN was reported, the communication

24 protocol was listed as ICANll bt500, and PID count was 40.



27 June 19,2015, Respondent James Dean Leap inspected a 2004 Dodge Stratus, YIN #

28 IB3EL36T84N137178, and Tam Junction Smog issued smog Certificate of Compliance

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#YR962842C. The OIS Test Details for the 2004 Dodge Stratus shows e VIN

#2C3KA43R36H477005, the communication protocol is listed as iCANl1 bt500, and the PID

count was 43. Comparative OIS Test data shows that similar 2004 Dodge Stratus vehicles mayor

may not report an e YIN, have an expected communication protocol of NPW, and an expected

PID count of 22.

b. The discrepancies in the OIS Test Data establishes the OIS DAD was not connected

to the 2004 Dodge Stratus being certified, resulting in the issuance of a fraudulent smog

Certificate of Compliance.

c. On June 18, 2015, the same 2004 Dodge Stratus failed a smog inspection at Smog

Center Test Only. During the inspection, the eVIN was not reported, the communication protocol

was listed as NPW1850, and PID count was 22.

27. Clean Plug Number 4:

a. Avitia's review of the OIS Test Data contained in the BAR's VID indicates that on

June 23, 2015, Respondent James Dean Leep inspected a 2003 Saturn Vue, VIN #

5GZCZ63B93S801388, and Tam Junction Smog issued smog Certificate of Compliance

#YT228056C. The OIS Test Details for the 2003 Saturn Vue shows eVIN

#2G2WP522951139996, the communication protocol is listed as NPW1850, and the PID count

was 40. Comparative OIS Test data shows that similar 2003 Saturn Vue vehicles report the

correct eVIN, have an expected communication protocol ofKWPF, and an expected PID count of

20 22.


22 to the 2003 Saturn Vue being certified, resulting in the issuance of a fraudulent smog Certificate

23 of Compliance.



26 July 23,2015, Respondent James Dean Leep inspected a 2002 Cadillac Deville, VIN #

27 IG6KD57Y32U185309, and Tam Junction Smog issued smog Certificate of Compliance

28 #PU254083C. The OIS Test Details for the 2002 Cadillac Deville shows eVIN

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#IG6DM56T850184845, the communication protocol is listed as ICANII bt500, and the PID

count was 42. Comparative OIS Test data shows that similar 2002 Cadillac Deville vehicles

report the correct e VIN, have an expected communication protocol of NPW, and an expected

PID count of21.


to the 2008 BMW 3281 SULEV being certified, resulting in the issuance of a fraudulent smog


c. On March 6,2015, the same 2002 Cadillac Seville failed a smog inspection at Vallejo

Smog. During the inspection, the eVIN was reported as #IG6KD57Y32UI85309, the

communication protocol was listed as NPW, and PID count was 21.


a. Aviata review of the OIS Test Data contained in the BAR's VID indicates that on

August 3, 2015, Respondent James Dean Leep inspected a 2000 Land Rover Range Rover SE,

VIN # SALPV1544YA432798 , and Tam Junction Smog issued smog Certificate of Compliance

#YT745429C. The OIS Test Details for the 2000 Land Rover Range Rover SE shows the eVIN

listed as WBANA73574B808811, the communication protocol is listed as KWPFFF02, and the

PID count was 22. Comparative OIS Test data shows that similar 2000 Land Rover Range Rover

SE vehicles report the correct eVIN, have an expected communication protocol ofI914, and an

expected PID count of20.


to the 2000 Land Rover Range Rover SE being certified, resulting in the issuance of a fraudulent

smog Certificate of Compliance.


a. Aviata's review of the OIS Test Data contained in the BAR's VID indicates that on

25 August 27,2015, Respondent James Dean Leep inspected a 2007 Chevrolet Monte Carlo LS,

26 VIN # 2Gl WJ15N579221006, and Tam Junction Smog issued smog Certificate of Compliance

27 #YT870837C. The OIS Test Details for the 2007 Chevrolet Monte Carlo LS vehicle shows the

28 e VIN listed as 1 GCGG25V951254656, the communication protocol is listed as NPW1850, and

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the PID count was 22. Comparative OIS Test data shows that similar 2007 Chevrolet Monte

Carlo LS vehicles report the correct eVIN, have an expected communication protocol of

ICANllbt, and an expected PID count of39.


to the 2007 Chevrolet Monte Carlo being certified, resulting in the issuance of a fraudulent smog


31. Clean Plug Number 8

a. Ariata's review of the OIS Test Data contained in the BAR's VID indicates that on

October 5, 2015, Respondent James Dean Leep inspected a 2008 Honda Civic SI, VIN #

2HGFA55588H704755, and Tam Junction Smog issued smog Certificate of Compliance

#PW955676C. The OIS Test Details for the 2008 Honda Civic SI vehicle shows the eVIN listed

as 2HGES16534H596183, the communicationprotoco\ is listed as 19140808, and the PID count

was 17. Comparative OIS Test data shows that similar 2008 Honda Civic SI vehicles report the

correct eVIN, have an expected communication protocol ofICAN29bt5, and an expected PID

count of37.


to the 2008 Honda Civic SI being certified, resulting in the issuance of a fraudulent smog


32. Clean Plug Number 9

a. Ariata's review of the OIS Test Data contained in the BAR's VID indicates that on

December 2,2015, Respondent James Dean Leep inspected a 2003 Chevrolet Corvette Z06, VIN

#IGl YY12S435109173, and Tam Junction Smog and issued smog Certificate of Compliance

#QA569269C. The OIS Test Details for the 2003 Chevrolet Corvette Z06 vehicle shows the

e VIN listed as 1 G 1 YY26E265117240, the communication protocol is listed as ICANll bt500,

and the PID count was 43. Comparative OIS Test data shows that similar 2003 Chevrolet

Corvette Z06 vehicles report the correct e VIN, have an expected communication protocol of

JVPW and an expected PID count of22.

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2 to the 2003 Chevrolet Corvette Z06 being certified, resulting in the issuance of a fraudulent smog


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5 33. Clean Plug Number 10

6 a. Ariata's review of the OIS Test Data contained in the BAR's VID indicates that on

7 December 15, 2015, Respondent James Dean Leep inspected a 2005 Nissan Maxima SE/SL, VIN

8 #IN4BA41EX5C870146 and Tam Junction Smog issued smog Certificate of Compliance

9 #QA849162C. The OIS Test Details for the 2005 Nissan Maxima SE/SL vehicle shows the eVIN

10 as #IN4AL3AP5DN445959, the communication protocol is listed as ICANllbt500, and the PID

11 count was 39. Comparative OIS Test data shows that similar 2005 Nissan Maxima SE/SL

12 vehicles report the correct eVIN, have an expected communication protocol ofI914 and an

13 expected PID count of22.


15 to the 2005 Nissan Maxima SE/SL being certified, resulting in the issuance ofa fraudulent smog


17 Respondent, Tam Junction Smog

18 FIRST CAUSE FOR DISCIPLINE

19 (Making or Authorizing Untrue or Misleading Statements)

20 34. Respondent, Louis K. Saadeh, President; Hani J. Kassis, Secretary/Treasurer; HL

21 Enterprises, Inc.; dba Tam Junction Smog has subjected its Automotive Repair Dealer

22 Registration and Smog Check Station License to disciplinary action pursuant to Business and

23 Professions Code section 9884.7, subdivision (a)(1), in that it issued ten fraudulent certificates of

24 compliance and failed to comply with the Automotive Repair Act as set forth in paragraphs 22-

25 33, above.

26 SECOND CAUSE FOR DISCIPLINE

27 (Fraud)

28 35. Respondent, Louis K. Saadeh, President; Hani J. Kassis, Secretary/Treasurer; HL

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1 Enterprises, Inc.; dba Tam Junction Smog has subjected its Automotive Repair Dealer

2 Registration and Smog Check Station License to. disciplinary action pursuant to Business and

3 Professions Code section 9884.7, subdivision (a)( 4), in that it issued ten fraudulent certificates of

4 compliance as set forth in paragraphs 22-33, above.

5 THIRD CAUSE FOR DISCIPLINE

6 (Failure to Comply with the Automotive Repair Act)

7 36. Respondent, Louis K. Saadeh, President; Hani 1. Kassis, Secretary/Treasurer; HL

8 Enterprises, Inc.; dba Tam Junction Smog, has subjected its Automotive Repair Dealer

9 Registration and Smog Check Station License to disciplinary action pursuant to Business and

10 Professions Code section 9884.7, subdivision (a)(6) and Health and Safety Code section 44072.2,

11 subdivisions (a) and ( c), in that it failed to comply with the Automotive Repair Act and sections

12 of the Code and applicable regulations as set forth in paragraphs 22-33, above. The violations are

13 as follows:

14 a. Health & Safety Code, section 44012, subdivision (f): Respondent, Louis K.

15 Saadeh, President; Hani 1. Kassis, Secretary/Treasurer; HL Enterprises, Inc.; dba Tam Junction

16 Smog, failed to follow test procedures in accordance with the OIS specifications when it failed to

17 properly conduct the functional portion of the smog inspection by failing to connect ten vehicles

18 to the BAR-OIS when they were being certified.

19 b. Health & Safety Code, section 44032: Respondent, Respondent, Louis K. Saadeh,

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President; Hani 1. Kassis, Secretary/Treasurer; HL Enterprises, Inc.; dba Tam Junction Smog,

failed to ensure that the emission control tests were performed in accordance with the procedures

prescribed by the department.

c. Cal. Code Regs., tit. 16, section 3340.30, subdivision (a): Respondent, Louis K.

Saadeh, President; Hani 1. Kassis, Secretary/Treasurer; HL Enterprises, Inc.; dba Tam Junction

Smog, failed to inspect and test ten vehicles in accordance with Health & Safety Code sections

44012.

27 d. Cal. Code Regs., tit. 16, section 3340.35, subdivision (c): Respondent, Louis K.

28 Saadeh, President; Hani 1. Kassis, Secretary/Treasurer; HL Enterprises, Inc.; dba Tam Junction

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Smog, falsely or fraudulently issued certificates of compliance for ten vehicles that had not been

2 inspected in accordance with the procedures specified in Cal. Code Regs., tit. 16, section 3340.42.

3 III

4 III

5 FOURTH CAUSE FOR DISCIPLINE

6 (Dishonesty, Fraud, Deceit)

7 37. Respondent, Louis K. Saadeh, President; Hani 1. Kassis, Secretary/Treasurer; HL

8 Enterprises, Inc.; dba Tam Junction Smog, has subjected its Automotive Repair Dealer

9 Registration and Smog Check Station License to disciplinary action pursuant to Health and Safety

10 Code section 44072.2, subdivision (d), in that it committed acts involving dishonesty, fraud or

11 deceit, whereby another was injured, by issuing ten fraudulent certificates of compliance as set

12 forth in paragraphs 22-33, above.

13 Respondent, James Dean Leep

14 FIFTH CAUSE FOR DISCIPLINE

15 (Violation of Motor Vehicle Inspector Program)

16 38. Respondent, James Dean Leep has subjected his Smog Check Inspector License and

17 Smog Check Repair Technician License to disciplinary action pursuant to Health and Safety Code

18 section 44072.2, subdivision (a) and (c), in that he failed to connect ten vehicles to the BAR-OIS

19 when the vehicles were being certified, as set forth in paragraphs 22-33, above. The

20 circumstances are as follows:

21 a. Health & Safety Code, section 44012, subdivision (1): Respondent, James Dean

22 Leep failed to follow test procedures in accordance with the OIS specifications when he failed to

23 properly conduct the functional portion of the smog inspection by failing to connect ten vehicles

24 to the BAR-OIS when they were being certified.

25 b. Health & Safety Code, section 44032: Respondent, Respondent, James Dean Leep

26 failed to ensure that the emission control tests were performed in accordance with the procedures

27 prescribed by the department.

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TAM JUNCTION SMOG ACCUSATION.

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c. Cal. Code Regs., tit. 16, section 3340.24, subdivision (c): Respondent, James Dean

Leep falsely or fraudulently issued certificates of compliance for ten vehicles without performing

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

Health and Safety Code section 44012.

d. Cal. Code Regs., tit. 16, section 3340.30, subdivision (a): Respondent, James Dean

Leep failed to inspect and test ten vehicles in accordance with Health & Safety Code sections

44012 and 44035, and California Code of Regulations, title 16, section 3340.42.

e. Cal. Code Regs., tit. 16, section 3340.35, subdivision (c): Respondent, James Dean

Leep falsely or fraudulently issued certificates of compliance for ten vehicles that had not been

inspected in accordance with the procedures specified in Cal. Code Regs., tit. 16, section 3340.42.

f. Cal. Code Regs., tit. 16, section 3340.41, subdivision (c): Respondent, James Dean

Leep entered into the BAR-OIS vehicle identification information or emission inspection

information for ten vehicles other than the vehicles being inspected, and also entered false

information for the vehicles being inspected.

g. Cal. Code Regs., tit. 16, section 3340.42, subdivision (b)(2): Respondent, James

Dean Leep failed to conduct the functional inspections in accordance with the smog check

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

SIXTH CAUSE FOR DISCIPLINE

(Violation of Motor Vehicle Inspection Program)

20 39. Respondent, James Dean Leep has SUbjected his Smog Check Inspector License and

21 Smog Check Repair Technician License to disciplinary action pursuant to Health and Safety Code

22 section 44072.2, subdivision Cd), in that he committed acts involving dishonesty, fraud, or deceit,

23 whereby another was injured, when he caused ten fraudulent certificates of compliance to be

24 issued as set forth in paragraphs 22-33, above.

25 OTHER MATTERS

26 40. Pursuant to Code section 9884.7, subdivision Cc), the director may suspend, revoke,

27 or place on probation the registrations for all places of business operated in this state by Louis K.

28 Saadeh and or Hani 1. Kassis, upon a finding that he or she has, or is, engaged in a course of

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

2 dealer.

3 41. Pursuant to Health and Safety Code section 44072.8, if Smog Check, Test Only

4 Station License Number TC 256972 issued to Louis K. Saadeh, President; Hani J. Kassis,

5 Secretary/Treasurer; HL Enterprises, Inc.; dba Tam Junction Smog, is revoked or suspended, any

6 additional license issued under this chapter in the name of said licensees may be likewise revoked

7 or suspended by the director.

8 42. Pursuant to Health and Safety Code section 44072.8, if Automotive Repair Dealer

9 Registration Number ARD 256972 issued to Louis K. Saadeh, President; Hani J. Kassis,

10 Secretary/Treasurer; HL Enterprises, Inc.; dba Tam Junction Smog, is revoked or suspended, any

11 additional license issued under this chapter in the name of said licensees may be likewise revoked

12 or suspended by the director.

13 43. Pursuant to Health and Safety Code section 44072.8, if Smog Check Repair

14 Technician License Number EI 29763, issued to James Dean L~ep, is revoked or suspended, any

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

16 or suspended by the Director.

17 44. Pursuant to Health and Safety Code section 44072.8, if Smog Check Inspector

18 License Number EO 29763, issued to James Dean Leep, is revoked or suspended, any additional

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

20 suspended by the Director.

21 PRAYER

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

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

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

25 256972, issued to Louis K. Saadeh, President; Hani J. Kassis, Secretary/Treasurer; HL

26 Enterprises, Inc.; dba Tam Junction Smog;

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28

16


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

2 256972, issued to Louis K. Saadeh, President; Hani 1. Kassis, Secretary/Treasurer; HL

3 Enterprises, Inc. ; dba Tam Junction Smog;

4 3. Ordering Louis K. Saadeh and Hani J. Kassis to pay the Bureau of Automotive Repair

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

6 Professions Code section 125 .3 ;

7 4. Revoking or suspending any other Automotive Repair Dealer Registration issued to

8 Louis K. Saadeh or Hani 1. Kassis;

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

10 and Safety Code in the name of Louis K. Saadeh or Hani J. Kassis;

11 6. Revoking or suspending Smog Check Repair Technician License Number EI 29763,

12 issued to James Dean Leep ;

13 7. Revoking or suspending Smog Check Inspector LicenseNumber EO 29763, issued to

14 James Dean Leep;

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

16 and Safety Code in the name of James Dean Leep;

17 9. Ordering James Dean Leep to pay the Bureau of Automotive Repair the reasonable

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

19 Code section 125 .3;

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

A£Vem/,er3,ut6 ~ ~ 21

22

23

24

25

DATED:

SF2016900209 26 9067450l.docx

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

17


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