D. - California Bureau of Automotive Repair · PDF fileARD 272202 Smog Check Station ... SMOG CHECK PROGRAM BACKGROUND 2 24. ... 11 25. The Smog Check test consists of a three-part

KAMALA D. HARRIS Attorney General of California

2 LINDA L. SUN Supervising Deputy Attorney General

3 TERRENCE M. MASON Deputy Attorney General

4 State Bar No. 158935 300 So. Spring Street, Suite 1702

5 Los Angeles, CA 90013 Telephone: (213) 897-6294

6 Facsimile: (213) 897-2804 Attorneys/or Complainant

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8 BEFORE THE

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DEPARTMENT OF CONSUMER AFFAIRS FOR THE BUREAU OF AUTOMOTIVE REPAIR

STATE OF CALIFORNIA

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In the Matter ofthe Accusation Against: Case No. 79/14 -IPS of)

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LA TINO SMOG CHECK, RICARDO GRANADOS, Owner 2105 Edison Hwy. B8 Bakersfield, CA 93305 Mailing Address: 2812 Berger S t. Bakersfield, CA 93305

Automotive Repair Dealer Registration No. ARD 272202 Smog Check Station License No. TC 272202;

RICARDO GRANADOS 2812 Berger St. Bakersfield, CA 93305

Smog Check Inspector License No. EO 635080 (formerly Advanced Emission Specialist Technician License No. EA 635080);

and

DAVID GRANADOS 3217 Haley St. Bakersfield, CA 93305

Advanced Emission Specialist Technician License No. EA 143913,

Respondents. 27 II---------------------~~~~~

28 Complainant alleges:

ACCUSATION

(SMOG CHECK)

In the Matter of the Accusation Against: Latino Smog Check, et al. ACCUSATION

PARTIES

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

3 as the Chief ofthe Bureau of Automotive Repair, Department of Consumer Affairs.

4 2. On or about March 18,2013, the Bureau of Automotive Repair ("Bureau") issued

5 Automotive Repair Dealer Registration Number ARD 272202 ("ARD Registration") to Ricardo

6 Granados, owner, doing busincss as Latino Smog Check ("Respondent Latino"). The ARD

7 Registration was in full force and effect at all times relevant to the charges brought herein. It will

8 expire on March 31, 2017, unless renewed.

9 3. On or about April 2, 2013, the Bureau issued Smog Check, Test Only, Station

10 License Number TC 272202 ("station license") to Ricardo Granados, owner, doing business as

II Latino Smog Check. The Station License was in full force and effect at all times relevant to the

12 charges brought herein. It will expire on March 31, 2017, unless renewed.

13 4. On January 4, 2013, the Bureau issued Advanced Emission Specialist Technician

14 License No. EA 635080 to Ricardo Granados ("Respondent Ricardo"). Respondent's Advanced

15 Emission Specialist Technician License was due to expire on November 30, 2014, however, it

16 was cancelled on September 17,2014. Pursuant to California Code of Regulations, title 16,

17 section 3340.28, subdivision (e), said license was renewed as Smog Check Inspector License No.

18 EO 635080, effective September 17,2014. I Respondent's license was in full force and effect at

19 all times relevant to the charges brought herein. It will expire on November 30, 2016, unless

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5. In 2001, the Bureau issued Advanced Emission Specialist Technician License No. EA

143913 to David Granados ("Respondent David"). The license expired on July 31, 2013, and has

not been renewed. Upon renewal, it will be redesignated as EO 143913 andlor EI 143913.

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

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In the Matter ofthe Accusation Against: Latino Smog Check, et al. ACCUSATION

JURISDICTION

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

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

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

5 "[t]he expiration ofa valid registration shall not deprive the director or chief of jurisdiction to

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

7 decision invalidating a registration temporarily or permanently."

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

"(a) The director, where the automotive repair dealer cannot show there was a bona fide error, may refuse to validate, or may invalidate temporarily or permanently, the registration of an automotive repair dealer for any ofthe 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.

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

"(4) Any other conduct which constitutes fraud.

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

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20 9. Section 44002 ofthe Health and Safety Code provides, in pertinent part, that the

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

22 the Motor Vehicle Inspection Program.

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

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

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

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

27 40012.

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In the Matter of the Accusation Against: Latino Smog Check, et a!. ACCUSATION

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

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

3 Section 44012."

4 13. Section 44059 ofthe Health & Saf. Code provides:

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

9 14. Section 44072.2 ofthe Health & Saf. Code states, in pertinent part:

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

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

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

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

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

15. Section 44072.8 of the Health & Saf. Code states:

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

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

or suspended by the director."

REGULATORY PROVISIONS

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

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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."

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

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

3 44012 of the Health & Saf. Code, section 44035 of the Health & Saf. Code, and section 3340.42

4 of this article."

5 18. CCR, title 16, section 3340.35, subdivision (cl, states that a licensed smog check

6 station "shall issue a certificate of com pliance or noncompliance to the owner or operator of any

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

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

9 functioning correctly."

10 19. CCR, title 16, section 3340.41, subdivision (cl, provides: "No person shall enter into

II the emissions inspection system any vehicle identification information or emission control system

12 identification data for any vehicle other than the one being tested. Nor shall any person

13 knowingly enter into the emissions inspection system any false information about the vehicle

14 being tested."

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

16 procedures which apply to all vehicles inspected in the State ofCalifomia.

17 21. CCR, title 16, section 3340.45 requires that all smog check inspections be performed

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

19 22. CCR, title 16, section 3373 provides, in pertinent part:

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"No automotive repair dealer or individual in charge shall, in filling out an estimate, invoice, or work order. .. withhold therefrom or insert therein any statement or information which will cause any such document to be false or misleading, or where the tendency or effect thereby would be to mislead or deceive customers, prospective customers, or the public. "

COST RECOVERY

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

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

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

28 costs of the investigation and enforcement of the case."

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SMOG CHECK PROGRAM BACKGROUND

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

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

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

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

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

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

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

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

10 whether the vehicle passes the test.

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

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

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

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

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

16 Smog Check technician can circumvent the Smog Check program by using the clean-piping

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18 UNDERCOVER OPERATION #1

19 26. Based on Vehicle Information Database (VIO) data, an investigation ofthe Smog

20 Check activities of Latino Smog Check was initiated by the Bureau. The data showed similar

21 revolutions per minute (RPM) and emission readings for a wide variety oftested vehicles.

22 indicating that Respondents Ricardo Granados and David Granados might be performing

23 fraudulent inspections using the "clean-piping" method.

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27. On September 6,2014. a Bureau undercover operator, using an assumed name,

drove to Latino Smog Check and met with Ricardo Granados. The operator informed Granados

2 Clean-piping is when a technician enters vehicle information into the EIS for the vehicle he/she wishes to certify and then samples the exhaust of a different (clean-running) vehicle. Using this method, the technician is able to issue a smog certificate to a vehicle that is not present at the facility for testing and/or cannot pass the test on its own.

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he had a 1980's Chevrolet that would not pass its smog and inquired ifhe performed smog

2 repairs. Granados stated he did not perform repairs and it was best to perform a "crooked" smog

3 check on older vehicles. The operator asked about the cost of the crooked smog check, and

4 Granados stated the smog inspection would be $250.00 and he would need to leave the vehicle.

5 Granados explained he would make arrangements with an individual, "Ghost", to perform the

6 illegal Smog Check inspection.

7 28. In October, 2014, a Bureau Documentation Laboratory Representative ("Doc Lab

8 Rep") prepared a 1986 Chevrolet to fail a proper smog inspection due to excessive emissions. He

9 disconnected air injection system (AIR) and removed the catalytic convertor, and utilized tamper

10 seals to detect any subsequent adjusting and/or removing of the carburetor. He then performed a

11 smog check inspection of the Chevrolet which it failed due to the disconnected AIR system, the

12 missing catalytic converter and excessive tailpipe emissions.

13 29. On November 4, 2014, the Bureau undercover operator returned to Latino Smog

14 Check with the Bureau's Chevrolet, which had been outfitted with a hidden video recording

15 system. He again met with Ricardo Granados, and requested a smog inspection. He provided

16 Granados with a fictitious vehicle registration and $250.00 cash. Granados requested the operator

17 provide his name and contact information and had him sign a blank estimate. The operator then

18 left the facility, but was not provided with a copy of the blank estimate.

19 30. Later that day, Ricardo Granados telephoned the operator and informed him the

20 Chevrolet was ready. The operator returned to Latino Smog Check and met with Ricardo, who

21 provided an estimate, invoice and Smog Check Vehicle Information Report ("VIR") and stated

22 the vehicle was smog certified. The VIR and BAR97 Test Detail also showed that Ricardo

23 Granados entered "pass" into the EIS for the required catalytic convertor and disconnected AIR

24 system, when in fact the catalytic convertor was missing and secured at the Bureau's Doc Lab and

25 the AIR was disconnected.

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31. Still later that same day, Bureau Representatives reviewed the Chevrolet's hidden

video recording system which utilized two cameras: camera one in the exhaust tail pipe on the

right rear, and camera two from the front of the car. The video recording indicated that

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In the Matter of the Accusation Against Latino Smog Check, et al. ACCUSATION

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Respondents Ricardo and David Granados performed a clean-pipe Smog Inspection on the

documented vehicle by inserting the EIS sample probe into Ricardo Granados' own S.U.V. and a

disconnected decoy sample hose and probe into the Chevrolet during the inspection.

32. The next day, November 5,2014, the Bureau Doc Lab Rep re-inspected the

Chevrolet and verified his documentation of the car remained the same. He then performed a

California smog check inspection that showed the vehicle failed a properly performed inspection

due to a missing catalytic convertor, disconnected AIR system and excessive emissions.

UNDERCOVER OPERATION #2

33. From December 31,2014 through January 7, 2015, another Bureau Doc Lab Rep

prepared a 1992 Chevrolet pickup to fail a properly performed smog inspection. He removed the

catalytic convertor, cut the EGR valve diaphragm, installed an EGR passage block-off plate, and

utilized tamper seals to detect subsequent removal of the EGR valve. He then performed a smog

check inspection, which the pickup failed due to the missing catalytic converter and excessive

tailpipe emissions.

34. On January 28,2015, the same Bureau undercover operator drove the Chevrolet

pickup, which had been outfitted with a hidden video recording system, to Latino Smog Check

and again met with Ricardo Granados and requested a smog inspection. He again provided

Granados with a fictitious vehicle registration and $250.00 cash. Granados requested the operator

provide his name, contact information and sign a blank estimate. As the time before, the operator

left the facility, but was not provided with a copy of the blank estimate.

35. Later that day, Ricardo Granados telephoned the operator and informed him the

pickup was ready. The operator returned to Latino Smog Check and met with Ricardo, who

provided him with the estimate, invoice and VIR and stated the pickUp had been smog certified.

The VIR and BAR97 Test Detail also showed Ricardo Granados entered "pass" into the EIS for

the required catalytic convertor, when in fact the catalytic convertor was missing and secured at

the Bureau's Doc Lab.

36. Later that same day, Bureau Representatives reviewed the pickup's onboard video

recording system, which utilized four cameras: camera one from the left front, camera two from

the right front, camera three from the exhaust tail pipe on the right rear, and camera four from the

underside of the hood towards the left of the vehicle. The video recording showed Respondents

Ricardo and David Granados performed a clean-pipe Smog Inspection on the documented pickup

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by inserting the EIS sample probe into Ricardo Granados' own S.U.V. and a disconnected decoy

sample probe into the pickup during the inspection.

37. On February 9,2014, Doc Lab Rep re-inspected the Chevrolet pickup and verified

his documentation of the vehicle remained the same. He performed a California smog inspection

that showed the vehicle still failed a proper smog inspection due to the missing catalytic convertor

and excessive emissions.

SUBSEOUENT IMPROPER BAR 97 TESTS

38. On March 9, 2015, the Bureau implemented a policy change requiring the use of

the OBD Inspection System (OIS) when testing 2000 model year and newer gas powered vehicles

weighing 14,000 Ibs. gross vehicle weight (GVW) and under, and 1998 and newer diesel powered

vehicles 14,000 Ibs. GVW and under. Bureau licensees were advised numerous times about the

implementation of the new testing requirements. The Bureau's Vehicle Information Database

(VIO) indicated that Latino Smog Check registered an OIS, and on September 23,2014, Latino

Smog Check purchased smog certificates for their OIS.

39. On March 15,2015, Latino Smog Check improperly issued a smog Certificate of

Compliance to a 2005 Ford F250 Diesel, the BAR97 Emissions Inspection System (EIS), when a

newer OIS test was required. The inspection was performed by Respondent Ricardo Granados as

indicated by the VIO.

40. On March 25, 2015, Respondent Latino improperly issued a Certificate of

Compliance to a 2007 Dodge Caravan using the BAR97 EIS, when an OIS test was required. The

inspection was performed by Respondent Ricardo Granados.


Compliance to a 2009 Dodge Caravan using the BAR97 EIS, when an OIS test was required. The



Compliance to a 2005 Ford FI50 using the BAR97 EIS, when an OIS test was required. The


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In the Matter of the Accusation Against: Latino Smog Check, et a!. ACCUSATION

FIRST CAUSE FOR DISCIPLINE

2 (Misleading Statements)

3 41. Ricardo Granados, owner, dba Latino Smog Check, has subjected his ARD

4 Registration to discipline under Bus. & Prof. Code section 9884.7, subdivision (a)(I), in that on

5 or about November 4, 2014 and January 28, 2015, he made statements which he knew or which

6 by exercise of reasonable care should have known were untrue or misleading when he issued

7 electronic smog certificates of compliance for certain vehicles, certifying that those vehicles were

8 in compliance with applicable laws and regulations when, in fact, those vehicles had not been

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

10 above in paragraphs 26 through 37, inclusive, as though set forth fully herein.

II SECOND CAUSE FOR DISCIPLINE

12 (Fraud)


14 Registration to discipline under Bus. & Prof. Code section 9884.7, subdivision (a)(4), in that on

IS or about November 4, 2014 and January 28, 20 IS, he committed acts which constitute fraud by

16 issuing electronic smog certificates of compliance for certain vehicles without performing bona

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

18 the People of the State of Cali fomi a of the protection afforded by the Motor Vehicle Inspection

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

20 above in paragraphs 26 through 37, inclusive, as though set forth fully herein.

21 THIRD CAUSE FOR DISCIPLINE

22 (Material Violation of Automotive Repair Act)


24 Registration to discipline under Bus. & Prof. Code section 9884.7, subdivision (a)(6), in that on

25 or about November 4, 2014, and January 28, 2015, and between March IS and 3 I, 2015, he failed

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

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

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

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

3 allegations set forth above in paragraphs 26 through 40, inclusive, as though set forth fully herein.

4 FOURTH CAUSE FOR DISCIPLINE

5 (Violation of the Motor Vehicle Inspection Program)

6 44. Ricardo Granados, owner, dba Latino Smog Check, has subjected his Station License

7 to discipline under Health & Saf. Code section 44072.2, subdivision (a), in that on or about

8 Novem ber, 4, 2014, and January 28, 20 IS, and between March 15 and 31, 20 IS, Respondent

9 violated the following sections of the Health & Saf. Code with respect to the inspection of certain

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

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

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

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

compliance with section 44012 ofthe Health & Saf. Code.

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

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

had not.

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

paragraphs 26 through 40, inclusive, as though set forth fully herein.

FIFTH CAUSE FOR DISCIPLINE

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

45. Ricardo Granados, owner, dba Latino Smog Check, has subjected his Station License

to discipline under Health & Saf. Code section 44072.2, subdivision (c), in that on or about

November 4,2014, and January 28,2015, and between March 15 and 3 I, 2015, Respondent

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

vehicles:

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

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

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

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

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

3340.42 of the Health & Saf. Code.

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

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

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

10 paragraphs 26 through 40, as though set forth fully herein.

II SIXTH CAUSE FOR DISCIPLINE

12 (Dishonesty, Fraud or Deceit)

13 46. Ricardo Granados, owner, dba Latino Smog Check, has subjected his Station License

14 to discipline under Health & Saf. Code section 44072.2, subdivision (d), in that on or about

15 November 4, 2014, and January 28, 2015, and between March 15 and 31, 2015, Respondent

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

17 electronic certificates of compliance for certain vehicles without performing bona fide inspections

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

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


21 paragraphs 26 through 40, inclusive, as though set forth fully herein.

22 SEVENTH CAUSE FOR DISCIPLINE

23 (Violations of the Motor Vehicle Inspection Program)

24 47. Respondent Ricardo Granados has subjected his Smog Check Inspector License to

25 discipline under Health & Saf. Code section 44072.2, subdivision (a), in that on or about

26 November 4, 2014, and January 28, 2015, and between March 15 and 3 I, 2015, he violated the

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

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

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

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

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

5 that the vehicles had been clean piped.

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

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

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II EIGHTH CAUSE FOR DISCIPLINE

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


14 discipline under Health & Saf. Code section 44072.2, subdivision (c), in that on or about

IS November 4,2014, and January 28,2015, and between March 15 and 31, 2015, he violated the

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

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

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

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

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

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

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

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

vehicles other than the vehicles being certified.

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



28 paragraphs 26 through 40, inclusive. as though set forth fully herein.

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In the Matter of the Accusation Against: Latino Smog Check, et ai. ACCUSATION

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NINTH CAUSE FOR DISCIPLINE

(Dishonesty, Fraud or Deceit)


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discipline under Health & Saf. Code section 44072.2, subdivision (d), in that on or about

November 4, 2014, and January 28, 2015, and between March 15 and 31, 2015, he committed

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

certificates of compliance for certain vehicles without perfonning bona fide inspections ofthe

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

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

refers to, and by this reference incorporates, the allegations set forth above in paragraphs 26

through 40, inclusive, as though set forth fully herein.

TENTH CAUSE FOR DISCIPLINE

(Violations of the Motor Vehicle Inspection Program)

50. Respondent David Granados has subjected his smog technician license to discipline

under Health & Saf. Code section 44072.2, subdivision (a), in that on or about November 4,2014,

and January 28,2015, he violated the following sections ofthe Health & Saf. Code with respect

to the inspection of certain vehicles:

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

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

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

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

that the vehicles had been clean piped.

c. Section 44059: Respondent willfully aided and/or abetted in the making of false

24 entries for the electronic certificates of compliance certifying that those vehicles had been

25 inspected as required when, in fact, they had not.



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ELEVENTH CAUSE FOR DISCIPLINE

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

3 51. Respondent David Granados has subjected his smog technician I icense to discipline

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under Health & Saf. Code section 44072.2, subdivision (c), in that on or about November 4,2014,

and January 28,2015, he violated the following sections of the CCR, title 16, with respect to the

inspection of certain vehicles:

a. Section 3340.24, subdivision (c): Respondent aided and abetted in the false and/or

fraudulent issuance of electronic certificates of compliance without the performance of bona fide

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

Saf. Code section 44012.

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

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

13 c. Section 3340.41, subdivision (c): Respondent aided and abetted in false entry of

14 information into the EIS for the electronic certificates of compliance by the entry of vehicle

IS emission control information for vehicles other than the vehicles being certified.

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




20 TWELFTH CAUSE FOR DISCIPLINE

21 (Dishonesty, Fraud or Deceit)

22 52. Respondent David Granados has subjected his Smog Check Inspector License to

23 discipline under Health & Saf. Code section 44072.2, subdivision (d), in that on Or about

24 November 4,2014, and January 28, 2015, he committed acts involving dishonesty, fraud or deceit

25 whereby another was injured by aiding and abetting in the issuance electronic certificates of

26 compliance for certain vehicles without the performance of bona fide inspections of the emission

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

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

IS


refers to, and by this reference incorporates, the allegations set forth above in paragraphs 26

2 through 37, inclusive, as though set forth tully herein.

3 OTHER MATTERS

4 53. Pursuant Bus. & Prof. Code section 9884.7, subdivision (c), the director may suspend,

5 revoke, or place on probation the registrations for all places of business operated in this state by

6 Ricardo Granados, owner, dba Latino Smog Check upon a finding that he has, or is, engaged in a

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

8 repair dealer.

9 54. Pursuant to Health & Saf. Code section 44072.8, if Smog Check, Test Only, Station

10 License Number TC 272202, issued to Ricardo Granados, owner, dba Latino Smog Check, is

11 revoked or suspended, any additional license issued under this chapter in the name of said

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

13 55. Pursuant to Health & Saf. Code section 44072.8, if Respondent Ricardo Granados'

14 Smog Check Inspector License No. EO 635080, is revoked or suspended, any additional license

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

16 the director.

17 56. Pursuant to Health & Saf. Code section 44072.8, if Respondent David Granados'

18 smog technician license, formerly designated as EA 143913, is revoked or suspended, any

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

20 or suspended by the director.

21 PRAYER

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

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

24 1. Revoking or suspending Automotive Repair Dealer Registration Number

25 ARD 272202, issued to Ricardo Granados, owner, doing business as Latino Smog Check;

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

27 Ricardo Granados;

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

2 TC 272202, issued to Ricardo Granados, owner, doing business as Latino Smog Check;

3 4. Revoking or suspending Smog Check Inspector License Number EO 635080, issued

4 to Ricardo Granados;

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

6 & Saf. Code in the name of Ricardo Granados;

7 6. Revoking or suspending Advanced Emission Specialist Technician License Number

8 EA 143913, issued to David Granados;

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

10 & Saf. Code in the name of David Granados;

II 8. Ordering Ricardo Granados and David Granados jointly and severally to pay the

12 Bureau of Automotive Repair the reasonable costs of the investigation and enforcement of this

13 case, pursuant to Bus. & Prof. Code section 125.3;

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DATED:

Rev Acc.docx (Rev.9/22/16)

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

PATRICK DORAIS Chief Bureau of A utomotive Repair Department of Consumer Affairs State of California Complainant

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Documents

D. - California Bureau of Automotive Repair · PDF fileARD 272202 Smog Check Station ... SMOG CHECK PROGRAM BACKGROUND 2 24. ... 11 25. The Smog Check test consists of a three-part