xavier becerra thomasbar.ca.gov/pdf/accusations/tc-280972_2018_07_13_acc.pdf · xavier becerra...

XAVIER BECERRA Attorney General of California

2 THOMAS L. RINALDI Supervising Deputy Attorney General

3 VIVIANCHO Deputy Attorney General

4 State Bar No. 293773 300 So. Spring Street, Suite 1702

5 Los Angeles, CA 90013 Telephone: (213) 269-6603

6 Facsimile: (213) 897-2804

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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: Case No. 'l9 / I '1- - S 5 ~ ©

JUAN MANUEL ARREOLA BERMUDEZ ACCUSATION DBA M.S SMOG CHECK 10726 Avalon Blvd. Los Angeles, CA 90061

Automotive Repair Dealer Registration No. ARD 280972 Smog Check, Test Only, Station License No. TC 280972

EDUARDO A. SERRANO 3809 E. 55th St. Maywood, CA 90270

Smog Check Inspector License No. EO 141842 Smog Check Repair Technician License No. EI 141842

Respondent.

Complainant alleges:

PARTIES

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

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

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(JUAN MANUEL ARREOLA BERMUDEZ dba M.S SMOG CHECK & EDUARDO A. SERRANO) ACCUSATION

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XAVIER BECERRA Attorney General of California THOMAS L. RINALDI Supervising Deputy Attorney General VIVIAN CHO Deputy Attorney General State Bar No. 293773

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269-6603 Facsimile: (213) 897-2804

Attorneys for Complainant

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REP AIR STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No.

JUAN MANUEL ARREOLA BERMUDEZ ACCUSATION DBA M.S SMOG CHECK 10726 Avalon Blvd. Los Angeles, CA 90061

Automotive Repair Dealer Registration No. ARD 280972 Smog Check, Test Only, Station License No. TC 280972

EDUARDO A. SERRANO 3809 E. 55th St. Maywood, CA 90270

Smog Check Inspector License No. EO 141842 Smog Check Repair Technician License No. EI 141842

Respondent.

Complainant alleges:

PARTIES

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

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

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Respondent Juan Manuel Arreola Bermudez dba M.S Smog Check

2. · On or about July 24, 2015, the Bureau of Automotive Repair ("Bureau") issued

3 Automotive Repair Dealer Registration Number ARD 280972 to Juan Manuel Arreola Bermudez

4 dba M.S Smog Check ("Respondent Bermudez"). The Automotive Repair Dealer Registration

5 was in full force and effect at all times relevant to the charges brought herein and will expire on

6 July 31, 2018, unless renewed.

7 3. On or about September 21, 2015, the Bureau issued Smog Check Test Only Station

8 License Number TC 280972 to Respondent Bermudez. The Smog Check Test Only Station

9 License was in full force and effect at all times relevant to the charges brought herein and will

10 expire on July 31, 2018, unless renewed.

11 4. On or about February 22, 2016, the Bureau certified M.S Smog Check as a STAR

12 Station. That certification was in full force and effect at all times relevant to the charges brought

13 herein and will remain active unless the Automotive Repair Dealer Registration and/or Smog

14 Check Station License issued to Respondent Bermudez is revoked, canceled, or the licenses

15 become delinquent or certification is invalidated.

16 Respondent Eduardo A. Serrano

17 5. In 2002, the Bureau issued Advanced Emission Specialist Technician License No. EA

18 141842 to Eduardo A. Serrano ("Respondent Serrano"). Advanced Emission Specialist Technician

19 License Number EA 141842 was cancelled on October 15, 2012. Pursuant to California Code of

20 Regulations, title 16 section 3340.28, subdivision (e), Advanced Emission Specialist Technician

21 ·License Number EA 141842 was renewed, pursuant to Respondent Serrano's election, as Smog

22 Check Inspector License No. EO 141842 and Smog Check Repair Technician License No. EI

23 141842, effective October 15, 2012. The Smog Check Inspector License and Smog Check Repair

24 Technician License were in full force and effect at all times relevant to the charges brought herein

25 and will expire on October 31, 2018, unless renewed.

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JURISDICTION

This Accusation is brought before the Director of the Department of Consumer Affairs

3 (Director) for the Bureau of Automotive Repair, under the authority of the following laws. \

4 7. Business and Professions Code section 9884.7 provides that the Director may revoke

5 an Automotive Repair Dealer Registration.

6 8. Business and Professions Code section 9884.13 of the Code provides, in pertinent part,

7 that the expiration of a valid registration shall not deprive the Director or chief of jurisdiction to

8 proceed with a disciplinary proceeding against an automotive repair dealer or to render a decision

9 invalidating a registration temporarily or permanently.

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

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

12 the Motor Vehicle Inspection Program.

13 I 0. Section 44072.6 of the Health and Safety Code provides, in pertinent part, that the

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

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

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

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

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11. Section 44072.8 of the Health and Safety 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.

STATUTORY PROVISIONS

12. Section 477 of the Business and Professions Code provides, in pertinent part, that

23 "Board" includes "bureau," "commission," "com1nittee," "department," "division," "examining

24 committee," "program," and "agency." "License" includes certificate, registration or other means

25 to engage in a business or profession regulated by the Business and Professions Code.

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(JUAN MANUEL ARREOLA BERMUDEZ dbaM.S SMOG CHECK & EDUARDO A. SERRANO) ACCUSATION

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13. Business and Professions Code section 9884.7 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.

(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 that constitutes fraud.

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

( c) Notwithstanding subdivision (b ), the director may suspend, revoke, or place on probation the registration for all places of business operated in this state by an automotive repair dealer upon a finding that the automotive repair dealer has, or is, engaged in a course of repeated and willful violations of this chapter, or regulations adopted pursuant to it.

14. Section 44012 of the Health and Safety Code provides, in pertinent part, that tests at

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

department.

15. Section 44015, subdivision (b), of the Health and Safety Code provides that a

certificate of compliance shall be issued if a vehicle meets the requirements of Health and Safety

Code section 40012.

16. Health and Safety Code section 44072.2 states, in pertinent part:

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:

4 (JUAN MANUEL ARREOLA BERMUDEZ dba M.S SMOG CHECK & EDUARDO A. SERRANO)

ACCUSATION

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

( 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 ...

17. Health and Safety Code section 44072.10 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

18. California Code of Regulations, 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.

19. California Code of Regulations, title 16, section 3340.30, subdivision (a), states:

A smog check technician shall comply with the following requirements at all times while licensed.

(a) A licensed technician shall inspect, test and repair vehicles in accordance with section 44012 of the Health and Safety Code, section 44035 of the Health and Safety Code, and section 3340.42 of this article ....


ACCUSATION

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20. California Code of Regulations, title 16, section 3340.35, subdivision (c), states:

( c) A licensed 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 ....

21. California Code of Regulations, title 16, section 3340.41; subdivision (c), states:

... [ n Jo person shall enter into the emissions inspection system any vehicle identification information or emission control system identification data for any vehicle other than the one being tested. Nor shall any person knowingly enter into the emissions inspection system any false information about the. vehicle being tested.

22. California Code of Regulations, title 16, section 3340.42, sets forth specific emissions test

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

13 COST RECOVERY

14 23. Business and Professions Code section 125 .3 provides, in pertinent part, that the Board

15 may request the administrative law judge to direct a licentiate found to·have committed a violation

16 or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation

J 7 and enforcement of the case, with failure of the licentiate to comply subjecting the license to not

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

19 be included in a stipulated settlement.

20 VID DATA REVIEW

21 24. Beginning March 9, 2015, California's Smog Check Program was updated to require

22 the use of an On-Board Diagnostic Inspection System ("BAR-OIS") during smog checks. OIS is

23 the Smog Check equipment required in all areas of the State when inspecting most model-year

24 2000 and newer gasoline and hybrid vehicles and most 1998 and newer diesel vehicles. The

25 system consists of a certified Data Acquisition Device (DAD), computer, bar code scanner, and

26 printer. The DAD is an On Board Diagnostic scan tool that, when requested by the California

27 BAR-OIS software, retrieves data from the vehicle. Data retrieved and recorded during an OIS

28 smog check includes:


ACCUSATION

I • eVIN, which is the digitally stored VIN programmed into the vehicle's Powertrain

2 Control Module ("PCM").

3 • Communication Protocol, which is the manufacturer/vehicle specific language the

4 PCM uses to relay information; and

5 • Number of Parameter Identifications ("Pills"), which is the number of specific data

6 points reported by the vehicle's on-board computer. PIDs are programmed during manufacture and

7 are related to emissions controls. Examples of Pills are engine speed, vehicle speed, engine

8 temperature, and other input and output values utilized by the vehicle's on-board computer.

9 25. On or around April 10, 2017, Bureau representative Mark Casillas initiated an

IO investigation in which he reviewed OIS test data for M.S Smog Check. The OIS Bureau Test Data

11 lists differences in Vehicle Identification Numbers (VIN) for vehicles that have received smog

12 inspections, in addition to communication protocol (the language used to communicate) and

13 Parameter ID (PID) differences with vehicles that have been certified correctly that are the same

14 make and model vehicles, Representative Casillas' investigation revealed that the data related to

15 certain vehicles certified by M.S Smog Check contained discrepancies between the information

16 transmitted during the inspections and documented information known about the subject vehicles.

17 Specifically, representative Casillas compared the data received from the certified vehicles to data

18 from vehicles of the same year, make, and model and determined that the data from all three

19 certified vehicles contained the following discrepancies: (I) they were certified with erroneous

20 eV!Ns; (2) they transmitted incorrect PID counts; and. (3) they transmitted incorrect

21 communication protocols. These documented discrepancies confirm that the vehicles receiving

22 smog certificates from M.S Smog Check were fraudulently tested during the smog inspection using

23 the "clean plugging" method.1 Table I illustrates the documented clean plugging activities of

24 Respondents between March 8, 2017 and April 1, 2017.

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1 "Clean plugging" refers to the use of another vehicle's properly functioning On Board Diagnostic, generation II, (OBD II) system, or another source, to generate passing diagnostic readings for the purpose of issuing fraudulent smog Certificates of Compliance to vehicles that are not in smog compliance and/or not present for testing.

7 (WAN MANUEL ARREOLA BERMUDEZ dba M.S SMOG CHECK & EDUARDO A. SERRANO)

ACCUSATION

I Test Vehicle & Inspector Certificate Fraudnlent Passing Expected OBDII

2 Date License No. Inspection Data Value No.

3 1 3/8/17 2002 Respondent QI172970C eVIN: eVlN:

4 Chevrolet Serrano 1AIJC5444R7252367 1GIND52J52M649651 Malibu EO 141842

5 4WBW564 Comm. Protocol: Comm. Protocol: 1914 JVPW

6 PID Count: PID Count:

7 17 19

2 3/13/17 2002 Respondent QI172988C eVIN: eVlN: 8 Volkswagen Serrano 1AIJC5444R7252367 not expected

Jetta GLS EO 141842 9 4WSK192 Comm. Protocol: Comm. Protocol:

ICAN!lbt5 1914 10

PID Count: PID Count:

11 128 18 or 1815

12 3 3/21/17 2002 Respondent ZR453070C eVIN: eVIN:

Honda Serrano IAIJC5444R7252367 no(expected

13 CR-VEX EO 141842 4WGR421 Comm. Protocol: Comm. Protocol:

14 ICAN1 lbt5 1914

PID Count: PID Count: 15 20 16 or 17

16 4 3/22/17 2003 Ford Respondent ZR453073C eVIN: eVIN: Explorer Serrano 1AIJC5444R7252367 1FMZU63K33ZB07423

17 XLT EO 141842 Comm. Protocol: 7ASH796 Comm. Protocol:

18 1914 JPWM

PID Count: PID Count: 19 20 22

20 5 3/22/17 2001 Respondent ZR453075C eVIN: eVIN: Honda Serrano 1AlJC5444R7252367 not expected

21 Accord EO 141842 Value Comm. Protocol: Comm. Protocol:

22 6RYL764 !CAN! lbt5 1914

23 PID Count: PID Count:

20 16

24 6 3/27/17 2003 Respondent ZR453096C eVIN: eVIN: Saturn Ion Serrano 1AIJC5444R7252367 IG8AJ52F93Zl05386

25 Level2 EO 141842 7COS929 Comm. Protocol: Comm. Protocol:

26 1914 ICANl lbt5

27 PID Count: PID Count: 18 1613

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Test Vehicle & Inspector Certificate Frandnlent Passing Expected OBDII Date License No. Inspection Data Value

No.

7 3131/17 2001 Ford Respondent. ZR882175C eVIN: eVIN: Windstar Serrano 1AIJC5444R7252367 2FMZA51491BA91171

LX EO 141842 Comm. Protocol: 4RQT593 Comm. Protocol:

1914 JPWM

PID Cotmt: PID Count: 19 20 or 21

8 3131117 2008 Respondent ZR882176C eVIN: eVIN: Honda Serrano 1AIJC5444R7252367 JHMCP263X8C0 17368

AccordLX EO 141842 Comm. Protocol: Comm. Protocol: (no license

plate) lCANllbt5 lCAN29bt5

PID Count: PID Count: 128 37 or 39119

9 411117 2002 Respondent ZR882182C eVIN: eVIN: Chevrolet Serrano 1AIJC5444R7252367 2GIFP22G522134248 Camara EO 141842

Comm. Protocol: Comm. Protocol: Z28 4WPC092 1914 JVPW

PID Count: PID Count: 20 22

FIRST CAUSE FOR DISCIPLINE .

(Untrue or Misleading Statements -

Automotive Repair Dealer Registration - Respondent Bermudez)

26. Respondent Bermudez's Automotive Repair Dealer Registration is subject to

disciplinary action pursuant to Business and Professions Code section 9884.7, subdivision (a)(I),

in that between March 8, 2017 and April 1, 2017, Respondent Bermudez made or authorized

statements which he knew or in the exercise of reasonable care should have known to be untrue or

misleading, as follows: Respondent Bermudez certified that the vehicles set forth above in Table

1 had passed smog check inspections and were in compliance with applicable laws and regulations.

In fact, Respondent Bermudez used the clean plugging method in order to issue smog certificates

of compliance and did not test or inspect the vehicles as required by Health and Safety Code section

44012. Complainant refers to, and by this reference incorporates, the allegations set forth above in

paragraphs 24 through 25, inclusive, as though set forth fully herein.

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SECOND CAUSE FOR DISCIPLINE

(Fraud - Automotive Repair Dealer Registration - Respondent Bermudez)

27. Respondent Bermudez's Automotive Repair Dealer Registration is subject to

4 disciplinary action pursuant to Business and Professions Code section 9884.7, subdivision (a)(4),

5 in that between March 8, 2017 and April I, 2017, Respondent Bermudez committed acts which

6 constitute fraud by issuing electronic certificates of compliance for the vehicles set forth above in

7 Table 1 without performing bona fide inspections of the emission control devices and systems on

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

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

IO incorporates, the allegations set forth above in paragraphs 24 through 25, inclusive, as though set

11 forth fully herein.

12 THIRD CAUSE FOR DISCIPLINE

13 (Material Violation of Automotive Repair Act -

14 Automotive Repair Dealer Registration -Respoudeut Bermudez)

15 28. Respondent Bermudez's Automotive Repair Dealer Registration is subject to

16 disciplinary action pursuant to Business and Professions Code section 9884.7, subdivision (a)(6),

17 in that between March 8, 2017 and April I, 2017, RespondentBermudezfailed in a material respect

18 to comply with the provisions of this c_hapter or regulations adopted pursuant to it when he issued

19 electronic certificates of compliance for the vehicles identified in Table I above without

20 performing bona fide inspections of their emission control devices and systems, thereby depriving

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

22 Program .. Complainant refers to, and by this reference incorporates, the allegations contained in

23 paragraphs 24 through 25, above, as though set forth fully herein.

24 FOURTH CAUSE FOR DISCIPLINE

25 (Violations of the Motor Vehicle Inspection Program -

26 Smog Check Test Only Station License - Respondent Bermudez)

27 29. Respondent Bermudez's Smog Check Test Only Station License is subject to

28 disciplinary action pursuant to Health and Safety Code section 44072.2, subdivision (a), in that


ACCUSATION

1 between March 8, 2017 and April 1, 2017, regarding the vehicles set forth above in Table 1,

2 Respondent Bermudez failed to comply with the following sections of the Health and Safety Code:

3 a. Section 44012: Respondent Bermudez failed to ensure that the emission control

4 tests were performed on the vehicles in accordance with procedures prescribed by the department;

5 and

6 b. Section 44015: Respondent Bermudez issued electronic certificates of

7 compliance for the vehicles, without ensuring that the vehicles were properly tested and inspected

8 to determine if they were in compliance with Health and Safety Code section 44012.

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

1 O paragraphs 24 through 25, inclusive, as though set forth fully herein.

11 FIFTH CAUSE FOR DISCIPLINE

12 (Failure to Comply with Regulations Pursuant to the Motor Vehicle Inspection Program -



15 disciplinary action pursuant to Health and Safety Code section 44072.2, subdivision (c), in that


17 Respondent Bermudez failed to comply with the following provisions of California Code of

18 Regulations, title 16, as follows:

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

20 issued electronic smog certificates of compliance for the vehicles identified in Table 1 above;

21 b. Section 3340.35, subdivision (c): Respondent Bermudez issued electronic

22 smog certificates of compliance for the vehicles identified in Table 1 above, even though the

23 vehicles had not been inspected in accordance with section 3340.42;

24 c. Section 3340.41, subdivision (c): Respondent Bermudez knowingly entered false

25 information into the emissions inspection system for the vehicles identified in Table 1 above; and

26 d. Section 3340.42: Respondent Bermudez failed to ensure that the required smog

27 tests were conducted on the vehicles identified in Table I above, in accordance with the Bureau's

28 specifications.

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2 paragraphs 24 through 25, inclusive, as though set forth fully herein.

3 SIXTH CAUSE FOR DISCIPLINE

4 (Dishonesty, Fraud or Deceit-



7 disciplinary action pursuant to Health and Safety Code section 44072.2, subdivision ( d), in that


9 Respondent Bermudez committed acts involving dishonesty, fraud or deceit whereby another was

IO injured by issuing electronic certificates of compliance for those vehicles without performing bona

11 fide inspections of their emission control devices and systems, thereby depriving the People of the

12 State of California of the protection afforded by the Motor Vehicle Inspection Program.



15 SEVENTH CAUSE FOR DISCIPLINE

16 (Violations of the Motor Vehicle Inspection Program -

17 Smog Check Inspector and Repair Technician Licenses - Respondent Serrano)

18 32. Respondent Serrano's· Smog Check Inspector and Repair Technician Licenses are

19 subject to discipline pursuant to Health and Safety Code section 44072.2, subdivision (a), in that

20 between March 8, 2017 and April 1, 2017, regarding the vehicles set forth above in Table I,

21 Respondent Serrano failed to comply with section 44012 of the Health and Safety Code in a

22 material respect, as follows: Respondent Serrano failed to perfonn the emission control tests on

23 the vehicles set forth above in Table I in accordance with procedures prescribed by the department.



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(mAN MANUEL ARREOLA BERMUDEZ dba M.S SMOG CHECK & EDUARDO A. SERRANO) ACCUSATION

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EIGHTH CAUSE FOR DISCIPLINE

(Failure to Comply with Regulations Pursuant to the Motor Vehicle Inspection Program -

Smog Check Inspector and Repair Technician Licenses -Respondent Serrano)

33. Respondent Serrano's Smog Check Inspector and Repair Technician Licenses are

5 subject to discipline pursuant to Health and Safety Code section 44072.2, subdivision ( c ), in that

6 between March 8, 2017 and April I, 2017, regarding the vehicles set forth above in Table 1,

7 Respondent Serrano failed to comply with provisions of California Code of Regulations, title 16,

8 as follows:

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

1 0 issued an electronic smog certificate of compliance for the vehicles identified in Table I above;

11 b. Section 3340.30, subdivision (a): Respondent Serrano failed to inspect and test

12 the vehicles identified in Table 1 above in accordance with Health and Safety Code sections 44012

13 and 44035, and California Code of Regulations, title 16, section 3340.42;

14 C. Section 3340.41, subdivision (c): Respondent Serrano knowingly entered false

15 information into the emissions inspection system for the vehicles identified in Table 1 above; and

16 d. Section 3340.42: Respondent Serrano failed to conduct the required smog tests

17 on the vehicles identified in Table I above in accordance with the Bureau's specifications.

18 Complainant refers to, and by this reference incorporates, the allegations contained in

19 paragraphs 24 through 25, above, as though set forth fully herein.

20 NINTH CAUSE FOR DISCIPLINE

21 (Dishonesty, Fraud or Deceit -

22 Smog Check Inspector and Repair Technician Licenses - Respondent Serrano)

23 34. Respondent Serrano's Smog Check Inspector and Repair Technician Licenses are

24 subject to disciplinary action pursuant to Health and Safety Code section 44072.2, subdivision ( d),

25 in that between March 8, 2017 and April I, 2017, Respondent Serrano committed dishonest,

26 fraudulent, or deceitful acts whereby another was injured by the issuance of an electronic smog

27 certificate of compliance for the vehicles set forth above in Table I, without performing bona fide

28 inspections of their emission control devices and systems, thereby depriving the People of the State

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

refers to, and by this reference incorporates, the allegations contained in paragraphs 24 through

25, above, as though set forth fully herein.

OTHER MATTERS

35. Pursuant to Business and Professions 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 Bermudez, upon a finding that it has, or is, engaged in a course

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

dealer.

36. Pursuant to Health and Safety Code section 44072.8, if Smog Check Test Only Station

License Number TC 280972, issued to Respondent Bermudez, is revoked or suspended following

a hearing, any additional license issued under Chapter 5 of Part 5 of Division 26 of the Health and

Safety Code in the name of said licensee may be likewise revoked or suspended by the Director.

3 7. Pursuant to Health and Safety Code section 44072.8, if Smog Check Inspector License

Number EO 141842 and/or Smog Check Repair Technician License Nurnber EI 141842, issued to

Respondent Serrano, is revoked or suspended following a hearing, any additional license issued

under Chapter 5 of Part 5 of Division 26 of the Health and Safety Code in the name of said licensee

may be likewise revoked or suspended by 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:

1. Revoking or suspending Automotive Repair Dealer Registration Number ARD

280972, issued to Respondent Juan Manuel Arreola Bermudez dba M.S Smog Check;

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

Respondent Juan Manuel Arreola Bermudez;

3. Revoking or suspending Smog Check Test Only Station License Number TC 280972,

issued to Respondent Juan Manuel Arreola Bermudez dba M.S Smog Check;

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(JUAN MANUEL ARREOLA BERMUDEZ dbaM.S SMOG CHECK & EDUARDO A. SERRANO) ACCUSATION

4. · Revoking or suspending any additional license issued under Chapter 5 of Part 5 of

2 Division 26 of the Health and Safety Code in the name of Respondent Juan Manuel Arreola

3 Bermudez;

4 5. Revoking or suspending Smog Check Inspector License Number EI 141842, issued to

5 Respondent Eduardo A. Serrano;

6 6. Revoking or suspending Smog Check Repair Technician License Number EO 141842,

7 issued to Respondent Eduardo A. Serrano;

8 7. Revoking or suspending any additional license issued under Chapter 5 of Part 5 of

9 Division 26 of the Health and Safety Code in the name of Respondent Eduardo A. Serrano;

10 8. Ordering Respondent Juan Manuel Arreola Bermudez and Respondent Eduardo A.

11 Serrano to pay the Bureau of Automotive Repair the reasonable costs of the investigation and

12 enforcement of this case, pursuant to Business and Professions Code section 125.3; and,

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

DA TED: -~_ IA.._ ft+-y_/--7''.3.'-----Z ___,o{'----~ 7 7 PATRICK DORAIS

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

21 LA2017604906

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62840348.docx

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(JUAN MANUEL ARREOLA BERMUDEZ dba M.S SMOG CHECK & EDUARDO A: SERRANO) ACCUSATION

xavier becerra thomasbar.ca.gov/pdf/accusations/tc-280972_2018_07_13_acc.pdf · xavier becerra...

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