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XAVIER BECERRA Attorney General of California M ARC D. G REENBAUM Supervising Deputy Attorney General MICHAEL BROWN Deputy Attorney General State Bar No. 23 1237

300 So. Spring Street, Suite 1702 Los Angeles, CA 900 13 Telephone: (213) 897-2095 Facsimile: (213) 897-2804 E-mai l: MichaeiB.Brown@doj .ca.gov

Attorneysfor Complainant

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

In the Matter of the Accusation Aga inst: Case No. 79/ 17-464

NAJ1 YEHIA-OWNER DBA SAGE TEST AND REPAIR 34557 Yucaipa Blvd Unit A A C C US AT I 0 N Yucaipa, CA 92399 Mailing Address: 1057W Highland Ave San Bernardino, CA 92405 Automotive Repair Dealer Registration No. ARD 273986 Smog Check Station License No. RC 273986

NAJI M. YEHIA 34557 Yucaipa Blvd. #A Yucaipa, CA 92399 Mailing Address: 13635 Calimesa Blvd Yucaipa, CA 92399 Smog Check Inspector License No. EO 634133 Smog Check Repair Technician License Number EI 634133 (formerly Advanced Emission Specialist Technician License No. EA 634133)

and

ANTHONY RAY RYERSON 1542 Shadow Hills Trail Beaumont, CA 92223 Smog Check Inspector License No. EO 639306

(NAJI YEH IA-OWNER DBA SAGE TEST AN D REPAIR; NAJI M. YEHI A; AND ANTHONY RAY RYERSON ) ACCUSATI01

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Respondents. I

Complainant all eges:

PARTIES

I. Patrick Dorais ("Complainant") brings this Accusation so lely in his official capacity

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

7 Naji Yehia-Owner dba Sage Test and Repair

8 Automotive Repair Dealer Registration

9 2. On or about August 19, 20 13, the Bureau issued Automoti ve Repair Dealer

I 0 Registration Number ARD 273986 ("registration") to Naj i Yeh ia-Owner dba Sage Test and

II Repair ("Respondent Sage Test"). The Automoti ve Repair Dealer Registration was in full force

12 and effect at all times relevant to the charges brought herein and wi II expire on August 3 1, 2018,

13 unless renewed.

14 Smog Check Station License

15 3. On or about September 17, 20 13, the Bureau issued Smog Check Station License

16 Number RC 273986 to Respondent Sage Test. The Smog Check Station License was in full force

17 and effect at all times relevant to the charges brought herein and will expire on August 31, 2018,

18 unless renewed.

19 STAR Station Certification

20 4 . On or abo ut February 6, 20 14, the Bureau certified Sage Test and Repair as a STAR

21 Station. The certifi cation will remain active unless ARD 273986 and/or RC 273986 is revoked,

22 canceled, becomes delinquent , or the certification is invalidated.

23 Naji M. Yehia

24 Technician License/Inspector License

25 (formerly Advanced E miss ion Specialist Technician License Number EA 634133)

26 5. On or about March 19, 20 12, the Bureau issued Advanced Emiss ion Special ist

27 Technician License Number EA 634133 to Naji M. Yehia ("Respondent Yehia"). Respondent

28 Yehia's Advanced Emission Specialist Technician License was due to expire on August 31,20 14,

2 (NAJ! YEH!A-OWNER DBA SAGE TEST AND REPAIR; N AJ I M. YEHI A; AND ANTHONY RAY RYERSON)

ACCUSATIO

however, was cancelled on August 12, 2014. Pursuant to California Code of Regulations, title 16,

2 section 3340.28, subdivision (e) 1, the license was renewed, pursuant to Respondent Yehia's

3 election, as Smog Check Inspector License Number EO 634 133 ("inspector li cense") and Smog

4 Check Repair Technician License Number El 634 133 (" repair technician license"), effective

5 August 12,20 14. Respondent Yeh ia 's inspector license and repair technician license were in fu ll

6 force and effect at all times relevant to the charges brought herein and wi II expire on August 31,

7 20 18, unless renewed.

8 Anthony Ray Ryerson

9 Smog C heck Inspector License

10 6. On or about May 26, 20 16, the Bureau issued Smog Check Inspector License No. EO

1 1 639306 ("inspector license") to Anthony Ray Ryerson ("Respondent Ryerson"). The Smog Check

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

13 and will expire on September 30, 20 18, unless renewed.

14 JURISDICTION

15 7. Business and Profess ions Code ("Code") section 9884.7 provides that the Director

16 may revoke an automotive repair dea ler registration.

17 8. Section 9884. 13 of the Code provides, in pertinent part, that the expiration of a valid

18 registration shall not depri ve the director or chief of jurisdiction to proceed with a di sciplinary

19 proceeding aga inst an automotive repair dealer or to render a decision in validating a registration

20 temporaril y or permanentl y.

21 9. Health and Safety Code section 44002 provides, in pert inent part, that the Director

22 has al l the powers and authority granted under the Automotive Repair Act for enforcing the Motor

23 Vehicle Inspection Program.

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

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

1 Effective August I, 20 12, Cali forn ia Code of Regulations, title 16, sections 3340.28, 3340.29, and 3340.30 were amended to implement a license restructure from the Advanced Emission Specialist Technician (EA) license and Basic Area (EB) Technician license to Smog Check Inspector (EO) license and/or Smog Check Repair Technician (EI) license.

3 (NAJ I YEHIA-O WNER DBA SAGE TEST AN D REPA IR; NAJI M. YEHI A; AND ANTHONY RAY RYERSON )

ACCUSATION

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

2 the Di rector of jurisdiction to proceed with disc iplinary action.

3 STATUTORY PROVISIONS

4 II. Section 9884.7 of the Code states:

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

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

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

8 automoti ve repair dealer, which are done by the automoti ve repair dealer or any automotive

9 technician, employee, partner, officer, or member of the automoti ve repair dealer.

10 "( I) Making or authori zing in any manner or by any means whatever any statement written

II or oral which is untrue or mislead ing, and which is known, or which by the exercise of reasonable

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

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14 "(4) Any other conduct which constitutes fraud.

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16 "(c) Notwithstanding subd ivision (b), the director may suspend, revoke, or place on

17 probation the registration for all places of business operated in this state by an automotive repair

18 dealer upon a finding that the automoti ve repair dealer has, or is, engaged in a course of repeated

19 and wi llful violations of this chapter, or regulations adopted pursuant to it."

20 12. Section 440 12 of the Health and Safety Code states:

2 1 "The test at the smog check stations shall be performed in accordance with procedures

22 prescribed by the department and may requ ire loaded mode dynamometer testing in enhanced

23 areas, two-speed idle testing, testing utilizing a veh icle's onboard diagnostic system, or other

24 appropriate test procedures as determined by the department in consultation with the state board.

25 The department shall implement testing using on board diagnostic systems, in I ieu of loaded mode

26 dynamometer or two-speed id le testi ng, on model year 2000 and newer vehicles only, beginning

27 no earl ier than January I, 20 13. However, the department, in consultation with the state board,

28 may prescribe alternati ve test procedures that include loaded mode dynamometer or two-speed

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(NAJI YEHIA-OWNER DBA SAGE TEST AN D REPA IR; NAJI M . YEHIA; A D ANTHONY RAY RYERSON) ACCUSATIO

idle testing for vehicles with onboard diagnostic systems that the department and the state board

2 determine exhibit operational problems. The department shall ensure, as appropriate to the test

3 method, the foll owing:

4 "(a) Emission control systems required by state and federal law are reducing excess

5 emiss ions in accordance with the standards adopted pursuant to subdivisions (a) and (c) of

6 Section 440 13.

7 "(b) Motor vehicles are precond itioned to ensure representative and stabilized operation of

8 the vehicle's emiss ion control system.

9 "(c) For other than diese l-powered vehicles, the vehicle's exhaust emiss ions of

10 hydrocarbons, carbon monoxide, carbon dioxide, and ox ides of nitrogen in an idle mode or loaded

II mode are tested in accordance with procedures prescri bed by the department. In determining how

12 loaded mode and evaporative emissions testing shall be conducted, the department shall ensure

13 that the emiss ion reduction targets for the enhanced program are met.

14 "(d) For other than diesel-powered vehicles, the vehicle's fuel evaporative system and

IS crankcase ventilation system are tested to reduce any nonexhaust sources of volatile organic

16 compound emiss ions, in accordance with procedures prescribed by the department.

17 "(e) For diesel-powered vehicles, a visual inspection is made of emission control devices

18 and the vehicle's exhaust emissions are tested in accordance with procedures prescribed by the

19 department, that may include, but are not I im ited to, on board diagnostic testing. The test may

20 include testing of emissions of any or all of the pollutants specified in subdivision (c) and, upon

21 the adoption of applicable standards, measurement of emissions of smoke or part icul ates, or both.

22 "(f) A visual or functional check is made of emiss ion control dev ices specified by the

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

24 determines it to be necessary to meet the findings of Section 4400 I. The visual or functional

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

26 " (g) A determinat ion a s to w hether the motor veh icle complies w ith the emission standards

27 for that veh icle's class and model-year as prescribed by the department.

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(NAJ I YEHI A-OWNER DBA SAGE TEST AND RE PA IR; NAJI M . YEHIA; AND ANTHONY RAY RYERSON) ACCUSATION

"(h) An analysis of pass and fai I rates of vehicles subject to an on board diagnostic test and

2 a tailpipe test to assess whether any vehicles pass ing their onboard diagnostic test have, or would

3 have, failed a tailpipe test, and whether any vehicles failing their onboard diagnostic test have or

4 would have passed a tailpipe test.

5 "(i) The test procedures may authorize smog check stations to refuse the testing of a vehicle

6 that would be unsafe to test, or that cannot physically be inspected, as specified by the department

7 by regulation. The refusa l to test a vehicle for those reasons shall not excuse or exempt the

8 vehicle from compliance with all applicable requirements of this chapter."

9 13. Section 440 15 of the Health and Safety Code states :

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II "(b) If a vehicle meets the requirements of Section 440 12, a smog check station licensed to

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

13 14. Section 44059 of the Health and Safety Code states:

14 "The will ful making of any fal se statement or entry with regard to a material matter in any

15 oath, affidav it, certifi cate of compliance or noncompliance, or application form which is required

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

17 and Professions Code, consti tutes perjury and is punishab le as prov ided in the Penal Code."

18 15. Section 44072.2 of the Health and Safety Code states:

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

20 provided in thi s atticle if the li censee, or any partner, offi cer, or director thereof, does any of the

21 following:

22 "(a) Vio lates any section of th is chapter [the Motor Vehicle Inspection Program (Health

23 and Safety Code, section 44000, et seq.)] and the regulations adopted pursuant to it, which related

24 to the licensed activities.

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

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

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(NAJI YEHIA-OWNER DBA SAGE TEST AND REPAIR; NAJ I M. YEHIA; AND ANTHONY RAY RYERSON) ACCUSATION

16. Section 44072.8 of the Health and Safety Code states:

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

3 additional license issued under this chapter in the name of the licensee may be li kewise revoked

4 or suspended by the director."

5 REGULATORY PROVISIONS

6 17. Californ ia Code of Regu lations, title 16, section 3340.24, subd ivision (c) states:

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8 ·'(c) The bureau may suspend or revoke the I icense of or pursue other legal action against a

9 licensee, if the licensee false ly or fraudulently issues or obtains a certificate of compliance or a

10 certificate of noncom pi iance."

II 18. California Code of Regul ations, title 16, section 3340.30, subdivi sion (a) states:

12 "A I icensed smog check inspector and/or repair technician shall comply with the following

13 requ irements at all times while licensed :

14 "(a) Inspect, test and repair vehi cles, as applicable, in accordance with section 44012 ofthe

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

16 article."

17 19. California Code of Regu lati ons, title 16, secti on 3340.35, subdivis ion (c) states:

18 "A I icensed station shall issue a certificate of com pi iance or noncom pi iance to the owner or

19 operator of any vehicle that has been inspected in accordance with the procedures specified in

20 section 3340.42 of thi s ar1icle and has all the required emission control equipment and devices

2 1 instal led and functi oning co rrectly.''

22 20. California Code of Regu lations, title 16, section 3340.42, states:

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

24 section 3340.45.

25 "(a) Al l vehicles subject to a smog check inspecti on, shall receive one of the fo llowing test

26 methods:

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7 (NAJI YEHI A-OWNER DBA SAGE TEST AND REPA IR; NAJI M. YEHI A; AND ANTHONY RAY RYERSON )

ACCUSATION

"( I) A loaded-mode test shal l be the test method used to inspect 1976 - 1999 model-year

2 veh icle, except diese l-powered, registered in the enhanced program areas of the state. The

3 loaded-mode test shall measure hydrocarbon, carbon monoxide, carbon dioxide and oxides of

4 nitrogen emissions, as contained in the bureau's spec ifications referenced in subsection (a) of

5 Section 3340.17 of this article. The loaded-mode test shall use Acceleration Simulation Mode

6 (ASM) test equipment, including a chassis dynamometer, certified by the bureau.

7 "On and after March 3 1, 20 I 0, exhaust emiss ions from a vehicle subject to this inspection

8 shall be measured and compared to the emissions standards shown in the Vehicle Look-up Table

9 (VLT) Row Spec ifi c Emiss ions Standards (Cutpoints) Table, dated March 2010, which is hereby

10 incorporated by reference. If the emissions standards for a specific vehicle are not included in this

11 table then the exhaust emiss ions shall be compared to the emissions standards set forth in TABLE

12 I or TABLE II, as applicable. A vehicle passes the loaded-mode test if all of its measured

13 emiss ions are less than or equal to the applicable emission standards specified in the applicable

14 table.

15 "(2) A two-speed idle mode test shall be the test method used to inspect 1976 - 1999 model -

16 year vehicles, except diesel-powered, registered in all program areas of the state, except in those

17 areas of the state where the enhanced program has been implemented. The two-speed idle mode

18 test shall measure hydrocarbon, carbon monoxide and carbon dioxide emissions at high RPM and

19 again at idle RPM, as contained in the bureau's specifications referenced in subsection (a) of

20 Section 3340.17 of this arti cle. Exhaust emiss ions from a vehicle subject to this inspection shall

21 be measured and compared to the emission standards set forth in -thi s section and as shown in

22 TABLE Ill. A vehicle passes the two-speed idle mode test if all of its measured emissions are

23 less than or equal to the applicable emissions standards specified in Table IU .

24 "(3) An OBD-focused test, shall be the test method used to inspect gasoline-powered

25 vehicles 2000 model-year and newer, and diesel-powered vehicles 1998 model-year and newer.

26 The OBD test fai lure criteria are specified in section 3340.42.2.

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

28 rece ive the following:

8 (NAJI YEHI A-OWNER DBA SAGE TEST AND REPA IR; NAJI M. YEHIA; AND ANTHONY RAY RYERSON)

ACCU SATION

"( I) A vi sual inspection of emission control components and systems to verify the vehicle's

2 emiss ion control systems are properl y installed.

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

4 Manual, referenced by section 3340.45, which may include an 080 test, to verify their proper

5 operation.

6 "(c) The bureau may require any combination of the inspection methods in sections (a) and

7 (b) under any of the following ci rcumstances:

8 "( I) Vehicles that the department randoml y selects pursuant to Health and Safety Code

9 section 440 14.7 as a means of identi fy ing potential operational problems with vehicle 080

10 systems.

II "(2) Vehicles identifi ed by the bureau as be ing operationally or physically incompatible

12 with inspection equipment.

13 "(3) Vehicles with 0 80 systems that have demonstrated operational problems.

14 "(d) Pursuant to section 39032.5 of the Health and Safety Code, gross polluter standards are

15 asfo ll ows:

16 "( I) A gross polluter means a vehic le with excess hydrocarbon, carbon monoxide, or oxides

17 of nitrogen emiss ions pursuant to the gross polluter emissions standards included in the tables

18 described in subsection (a), as applicable.

19 "(2) Vehicles with emission levels exceeding the emission standards for gross polluters

20 during an initial inspection will be considered gross polluters and the provisions pertaining to

2 1 gross polluting vehicles wil l apply, including, but not limited to, sections 440 14.5, 44015 , and

22 4408 1 of the Health and Safety Code.

23 "(3) A gross polluting vehicle shall not be passed or issued a certificate of compliance until

24 the vehicle's emissions are reduced to or below the applicable emissions standards for the vehicle

25 included in the tables descri bed in subsection (a), as applicable. However, the provisions

26 described in section 440 17 o f the Hea lth and Safety Code may apply.

27 "(4) This subsection appli es in all program areas statewide to vehicles requiring inspection

28 pursuant to sections 44005 and 440 I I of the Health and Safety Code."

9

(NAJ I YEHI A-OWNER DBA SAGE TEST AND REPA IR; NAJ I M. YEHIA; AND ANTHONY RAY RYERSON) ACCUSATION

COST RECOVERY

2 21. Section 125.3 of the Code provides, in pertinent part, that the Board may request the

3 administrative law judge to direct a li centiate found to have committed a violation or violations of

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

5 enforcement of the case, with fa ilure of the licentiate to comply subjecting the license to not being

6 renewed or reinstated. lf a case settles, recovery of in vesti gation and enforcement costs may be

7 included in a stipulated settl ement.

8 FACTUAL BACKGROUND

9 22. A Bureau Representative conducted a review of Sage Test and Repair BAR-OIS smog

10 check inspection records from the Vehicle Identification Database ("VlD"). The review showed

[[ numerous veh icle that have been certi fied at Sage Test and Repair with missing e-VfNs, incorrect

12 vehicle communication protocol and incorrect Parameter ldentification2 (PID) count. All of the

13 following inspections were performed by Respondents Yehia and Ryerson. The data from the

14 certified vehicle were compared to the OlS test data of similar vehicles of the same year, make

15 and model that received passing Smog Check inspections and received smog certificates. The

16 data comparison showed multiple di screpancies with twelve ( 12) ve hicles that were all certifi ed

17 with missing e-VINs, incorrect vehicle communication protocols3 and incorrect PID count, wh ich

18 confirms the vehicles rece iving smog certificates were fraudulent ly tested during the smog

19 inspection using the clean plugging method4• The following chart illustrates the clean plugging

20 activ ities of Respondents Test Only, Yeh ia and Ryerson between August ll , 20 16 to January 6,

21 20 17. All of the following inspections were performed by Respondents Yehia and Ryerson.

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2 Parameter Identifications (PIDs) are data points reported by the OBD II computer to the scan tool or BAR OIS.

3 Protocol is simply the language used to communicate with a vehicle ' s computer(s). Protocol is a communication interface. This automated determination of the communication interface, or protocol, is built into the Data Acq uisition Device (DAD) unit. Th is automatic function identifies five (5) protocols used by vehicles manufactured and sold in the United States that are subject to the Smog Check program.

4 'Clean Plugging' refers to the use of another vehicle's properly fun ction ing On Board Diagnostic, generation II , (OBD II) system, or another source, to generate pass ing diagnostic readi ngs for the purpose of issuing fraudulent smog Certificates of Compliance to vehicles that are not in smog compliance and/or not present for testing.

10 (NAJI YEHIA-OWNER DBA SAGE TEST AND REPAIR; NAJ I M. YEHIA ; AND ANTHONY RAY RYERSON)

ACCUSATION

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TABLE 1 Test Test Date Vehicle Cer tified & Certificate Technician OIS Test Data No. License No. No. License No. Details

I. 08/ 11 /20 16 2007 Chevrolet Uplander ZH579388C EO 634 133 Comm. LS (Respondent Protocol:

6COX 142 Yehia) 19140808 (expected

ICANllbt5)

PID Count: 8 (expected 38/7)

VfN No.: Missing

(Expected e-VIN-

IGNDV231070 196549)

2. 09/14/2016 2002 Ford F 150 QE170809C EO 639306 Comm. (Respondent Protocol:

6X99552 Ryerson) 19140808 (expected JPWM)

PID Count: 7 (expected 22)

VfN No.: Missing

(Expected e-VIN-

I FTRX 17282N 833076)

3. 09/ 16/2016 2006 Chevrolet A veo LS QE 170815C EO 639306 Comm.

5RPE002 (Respondent Protoco l: Ryerson) 19140808

(expected KWPF)

PID Count: 7 (expected 36 or

36/1)

VfN No.: Missing

(Expected e-VIN-

KL I TD66696B 516717)

II (NAJ I YEHIA-OWNER DBA SAGE T EST AND REPA IR; NAJI M . YEHI A; AND ANTHONY RAY RYERSON)

ACCUSATION

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4. 09/29/2016 2007 Chevrolet Malibu QE170833C EO 634 133 Comm. LS (Respondent Protocol:

Yeh ia) 19140808 6MCD905 (expected

ICAN !lbt5)

PID Count: 8 (expected 3 8/7)

YIN No.: Missing

(Expected e-YIN-

I G I ZS58F27F3 03241 )

5. 09/29/2016 2006 Chevrolet Silverado QE 170836C EO 634133 Comm. K2500HD (Respondent Protocol:

Yehia) 19140808 91097HI (expected

ICANllbt5)

PLD Count: 7 (expected 26/9/3 or 28/9/3)

YIN No.: Missing

(Expected e-YIN-

I GCHK23066F 144679)

6. I 0/07/20 16 2008 Cadillac CIT CTS QE924757C EO 634 133 Comm. HI FEATURE (Respondent Protocol :

Yeh ia) 19140808 ZBOSLDY (expected

ICAN II bt5)

PID Count: 7 (expected 45/7)

YIN No.: Missing

(Expected e-YIN-

I G6DY57Y680 20 1983)

12 (NAJ I YEHI A-OWNER DBA SAGE TEST AND REPA IR; NAJI M. YEHIA; AND ANTHONY RAY RYERSON)

ACCUSATION

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7. I 0/24/20 16 2005 Dodge Ram 3500 QE924794C EO 634 133 Comm. Quad ST/SLT (Respondent Protocol:

Yehia) 19140808 8Y48274 (expected

JYPW)

PID Count: 6 (expected 17)

YIN No.: Missing

(Expected e-YIN-

307MR48C25 G740932)

8. I 0/24/2016 2005 Dodge Ram 1500 QE924795C EO 634133 Comm. Quad ST/SLT (Respondent Protocol:

Yehia) 19140808 7X63934 (expected

JYPW)

PID Count: 7 (expected 23/3)

YIN No.: Missing

(Expected e-YIN-

ID7HAI8NX5 S l74 195)

9. 11 / 11 /20 16 2006 Chevrolet Silverado QG562036C EO 634 133 Comm. C 1500 (Respondent Protocol:

Yehia) 19140808 8L04843 (expected

JYPW)

PID Count: 8 (expected 22 or

23)

YIN No.: Missing

(Expected e-YIN-

2GCEC 19N361 286781)

13 (NAJI YEH IA-OWNER DBA SAGE TEST AND REPA IR; NAJI M. YEHI A; AND ANTHONY RAY RYERSON )

ACCUSATION

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10. 11 128120 16 2007 Hyundai Sonata ZL266105C EO 634133 Comm. GLS (Respondent Protocol:

Yehia) 19140808 6NK Y787 (expected

KWPF)

PID Count: 7 (expected 17 or

1711)

VIN No.: Miss ing

(Expected e-VlN-

5NPET46C07H 249627)

II. 12127120 16 2002 Chevro let Sil verado ZN062161C EO 634133 Comm. Kl500 (Respondent Protocol:

Yehia) 19140808 6X26295 (expected

JVPW)

PID Count: 8 (expected 22)

VIN No. : Missing

(Expected e-VIN-

IGCEK19T42E 262158)

12. 01106120 17 200 I Ford Expedition ZN062174C EO 634 133 Comm. EDDIE BAUER (Respondent Protocol:

Yehia) 19140808 6FNX369 (expected

JPWM)

PID Count: 7 (expected 20)

VIN No.: Missing

(Expected e-VlN-

I FMFU 18Lll L A32356)

Ill

Ill

14 (NAJI YEH IA-OWNER DBA SAGE TEST AN D REPAIR; NAJI M. YEHIA; AND ANTHONY RAY RYERSON)

ACCUSATION

FIRST CAUSE FOR DISCIPLINE

2 (Untrue or Misleading Statements)

3 23. Respondent Sage Test's registration is subject to discipline pursuant to Code section

4 9884.7, subdivision (a)( l), in that between August II , 2016, through January 6, 2017, Respondent

5 Sage Test made or authorized statements wh ich he knew or in the exercise of reasonable care

6 should have known to be untrue or misleading, as follows: Respondent Sage Test certified that

7 vehicles I through 12, set forth above in Table I, had passed inspection and were in compliance

8 with appl icable laws and regulations. In fact, Respondent Sage Test conducted the inspections on

9 the vehicles using the clean plugging method by substituting or using different vehicles during the

10 OBD II functiona l tests in order to issue smog certificates of com pi iance for the 12 vehicles, and

II did not test or inspect the 12 veh icles as required by Health and Safety Code section 440 12.

12 SECOND CAUSE FOR DISCIPLINE

13 (Fraud)

14 24. Respondent Sage Test's registration is subject to discipline pursuant to Code section

15 9884.7 , subdivision (a)(4), in that between August II , 20 16, through January 6, 20 17, Respondent

16 Sage Test committed acts wh ich constitute fraud by issuing electronic certificates of compliance

17 for vehicles I through 12, set forth above in Table I, without perfonning bona fide inspections of

18 the emiss ion control devices and systems on those vehicles, thereby depriving the People of the

19 State of Ca li fornia of the protection afforded by the Motor Vehicle Inspection Program.

20 THIRD CAUSE FOR DISCIPLINE

2 1 (Fai lure to Comply with the Motor Vehicle Inspection Program)

22 25. Respondent Sage Test's station license is subject to discipline pursuant to Health and

23 Safety Code section 44072.2 subdivision (a), in that between August II , 20 16, through January

24 6, 20 17, regarding vehicles I through 12, set forth above in Table I, Respondent Sage Test fai led

25 to comply with the following sections of that Code:

26 a. Section 44012: Respondent Sage Test fai led to ensure that the emission control tests

27 were performed on vehicles I through 12, in accordance with procedures prescribed by the

28 department.

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(NAJ I YEHIA-OWNER DBA SAGE TEST AND REPAIR; NAJI M . YEHI A ; AND ANTHONY RAY RYERSON) ACCUSATION

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b. Section 44015: Respondent Sage Test issued electronic certificates of compliance for

vehicles I through 12, without ensuring that the vehicles were properl y tested and inspected to

determine if they were in compliance with Health and Safety Code section 440 12.

c. Section 44059: Respondent Sage Test willfully made fa lse entries for the electronic

certificates of compliance by certifying that those vehicles had been inspected as required when,

in fact, they had not.

FOURTH CAUSE FOR DISCIPLINE

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

10 26. Respondent Sage Test·s station license is subject to discipline pursuant to Health and

II Safety Code section 44072.2, subdivision (c), in that between August II , 20 16, through January

12 6, 20 17, regarding vehicles I through 12, set forth above in Table I , Respondent Sage Test fai led

13 to comply with provisions of Ca li fo rnia Code of Regulations, title 16, as foll ows:

14 a. Section 3340.24, subdivision (c): Respondent Sage Test fa lse ly or fraudu lentl y issued

15 electronic certificates of com pi iancc fo r those vehicles without performing bona fide inspections

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

17 Code section 440 12.

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

19 com pi iance even though those vehicles had not been inspected in accordance with section

20 3340.42 of that Code.

21 c. Section 3340.42 : Respondent Sage Test fai led to conduct the requ ired smog tests and

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

23 FIFTH CAUSE FOR DISCIPLINE

24 (Dishonesty, Fraud or Deceit)

25 27. Respondent Sage Test's station license is subject to discipline pursuant to Health and

26 Safety Code section 44072.2, subdi vis ion (d), in that between August II , 20 16, through January

27 6, 20 17, regarding vehicles I through 12, set forth above in Table I, Respondent Sage Test

28 committed acts in volving di shonesty, fraud or deceit whereby another was injured by issuing

16 (NAJ I YE HIA-OWNER DBA SAGE TEST AND REPAIR; NAJI M. YEHI A; AND ANTHONY RAY RYERSON)

ACCUSATION

electronic certificates of compl iance fo r those vehicles without perfonning bona fide inspections

2 of the emiss ion contro l devices and systems on the vehicles, thereby depriving the People of the

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

4 SIXTH CAUSE FOR DISCIPLINE

5 (Violations of the Motor Vehicle Inspection Program)

6 28. Respondent Yehia's inspector license and repair technician license are subject to

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

August II , 20 16, through January 6, 20 17, regard ing vehicles I through 12, set forth above in

Table I, he fai led to comply with section 44012 of that Code in a material respect, as follows:

Respondent Yehia fa iled to perform the emission control tests on those vehicles in accordance

with procedures prescribed by the department.

SEVENTH CAUSE FOR DISCIPLINE

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

15 29. Respondent Yehia 's inspector license and repair technician license are subject to

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

17 August I I , 20 16, through January 6, 20 17, regarding vehicles I through 12, set forth above in

18 Table I, he failed to comply with provisions of Cali fornia Code of Regulations, title 16, as

19 fo llows:

20 a. Section 3340.24, subdivision (c): Respondent Yehia fa lsely or fraudulently issued

21 electronic certificates of com pi iance without performing bona fide inspections of the emiss ion

22 control devices and systems on those vehicles as requ ired by Health and Safety Code section

23 440 12.

24 b. Section 3340.30 subdivision (a): Respondent Yehia fail ed to inspect and test those

25 vehicles in accordance with Health and Safety Code sections 440 12.

26 c. Section 3340.42 : Respo nde nt Ye hi a fa iled to conduct the required smog tests and

27 inspections on those vehicles in accordance wi th the Bureau's specifications.

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17 (NAJ I YEHI A-OWNER DBA SAGE T EST AND REPAIR; NAJI M. YEHI A; AND ANTHONY RAY RYERSON )

ACCUSATION

EIGHT H CAUSE FOR DISCIPLINE

2 (Dishonesty, Fraud or Deceit)

3 30. Respondent Yehia 's inspector license and repair technician license are subject to

4 discipline pursuant to Health and Safety Code section 44072.2, subdiv ision (d), in that between

5 August II , 2016, through January 6, 20 17, regard ing vehicles I through 12, set forth above in

6 Table I, he committed acts invo lving di shonesty, fraud or deceit whereby another was injured by

7 issuing electronic certificates of compliance without performing bona fide inspections of the

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

9 of Cal iforn ia of the protection afforded by the Motor Vehicle Inspection Program.

10 NINTH CAUSE FOR DISCIPLINE

II (Violations of the Motor Vehicle Inspection Program)

12 3 1. Respondent Ryerson's inspector license is subject to discip line pursuant to Health and

13 Safety Code section 44072.2, subdiv ision (a), in that between August II , 20 16, through January

14 6, 20 17, regarding veh icles I through 12, set forth above in Table I, he fa iled to comply with

15 section 44012 of that Code in a materi al respect, as follows: Respondent Ryerson fai led to

16 perform the em iss ion control tests on those vehicles in accordance with procedures prescri bed by

17 the department.

18 TENTH CAUSE FOR DISCIPLINE

19 (Failure to Comply with Regulations Pursua nt to the

20 Motor Vehicle Inspection Program)

2 1 32. Respondent Ryerson·s inspector li cense is subject to discipline pursuant to Health and

22 Safety Code section 44072.2, subd ivision (c), in that between August II , 20 16, through January

23 6, 20 17, regarding vehicles I through 12, set forth above in Table I, he fa il ed to comply with

24 provisions of Cali fornia Code of Regulations, titl e 16, as follows:

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

26 e lectro ni c cert ificates o f complia nce without perfot·ming bona fide in spections of the emi ss ion

27 contro l devices and systems on those vehicles as required by Health and Safety Code section

28 440 12.

18 (NAJI YEHIA-OWNER DBA SAGE TEST AN D REPAIR; NAJI M . YEHIA ; AND ANTHONY RAY RYERSON )

ACC USATION

b. Section 3340.30 subdivision (a): Respondent Ryerson fa iled to inspect and test those

2 vehicles in accordance with Health and Safety Code sections 44012.

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

4 inspections on those veh icles in accordance with the Bureau 's specitications.

5 ELEVENTH CAUSE FOR DISCIPLINE

6 (Dishonesty, Fraud or Deceit)

7 33. Respondent Ryerson's inspector license is subject to discipline pursuant to Health and

8 Safety Code section 44072.2, subdivision (d), in that between August II , 20 16, through January

9 6, 20 17, regarding vehicles I through 12, set forth above in Table I, he committed acts invo lving

10 dishonesty, fraud or deceit whereby another was injured by issuing electronic certificates of

11 compliance without performing bona fide inspections of the emission control devices and systems

12 on those vehicles, thereby depriving the People of the State of Californ ia of the protection

13 afforded by the Motor Vehicle Inspection Program.

14 DISCIPLI NE CONSIDERATIONS

15 34. To determine the degree of di scipline, if any, to be imposed on Respondent Sage Test,

16 · Complainant alleges that on or about September 24, 20 15, in a prior action, the Bureau of

17 Automotive Repair issued Citation Number C20 15-2236 and ordered Respondent Sage Test to

18 pay a citation fine of $ 1 ,500.00. That Citation is now fi nal and is incorporated by reference as if

19 full y set forth.

20 35. To determine the degree of di scipline, if any, to be imposed on Respondent Yehia,

21 Complainan t all eges that on or about September 24, 20 15, in a prior action, the Bureau of

22 Automotive Repair issued Citation Number M20 15-224 1 with a Notice of Abatement. That

23 Citation is now final and is incorporated by reference as if fully set forth.

24 OTHER MATTERS

25 36. Pursuant to Code section 9884.7, subdivision (c), the di rector may suspend revoke,

26 or place on probation the regis trations for al l places o f business operated in this state by Naji

27 Yehia-Owner doing business as Sage Test and Repair, upon a find ing that he has, or is, engaged

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19 (NAJ I YEHIA-OWNER DBA SAGE TEST AND REPAIR; NAJI M. YEH IA; AND ANTHONY RAY RYERSON)

ACCUSATION

in a course of repeated and will fu l vio lation of the laws and regulations pertaining to an

2 automotive repair dealer.

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

4 Station License Number RC 273986, issued to Naji Yehia-Owner doing business as Sage Test and

5 Repair, is revoked or suspended, any additiona l license issued under thi s Chapter 5 of Part 5 of

6 Div 26 of the Health and Safety Code in the name of said licensee may be likewise revoked or

7 suspended by the director.

8 38. Pursuant to Health and Safety Code section 44072.8, if Smog Check Inspector

9 License No. EO 6341 33 and Smog Check Repair Technician License Number EI 6341 33

10 (formerly Advanced Emission Specialist Technician License Num ber EA 6341 33), issued to Naji

11 M. Yehia, is revoked or suspended, any additional license issued under this Chapter 5 of Part 5 of

12 Div 26 of the Health and Safety Code in the name of said licensee may be likewise revoked or

13 suspended by the director.

14 39. Pursuant to Hea lth and Safety Code section 44072.8, if Smog Check Inspector

15 License No. EO 639306, issued to Anthony Ray Ryerson, is revoked or suspended, any additional

16 license issued under this Chapter 5 of Part 5 of Div 26 of the Health and Safety Code in the name

17 of said licensee may be I ikewise revoked or suspended by the director.

18 PRAYER

19 WH ERE FORE, Complainant requests that a hearing be held on the matters herein alleged,

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

21 I. Revoking or suspending Automotive Repair Dealer Registration Number ARD

22 273986, issued to Naji Yehia-Owner doing business as Sage Test and Repair;

23 2. Revoking, suspending, or plac ing on probation any other automoti ve repair dealer

24 registration issued to Naj i Yeh ia;

25 3. Revoking or suspending Smog Check Station License Number RC 273986, issued to

26 Naj i Yehia-Owner do ing bus iness as Sage Test and Repa ir;

27 4. Revoking or suspending Smog Check Inspector License Number EO 6341 33, issued

28 to Naji M. Yehia;

20 (NAJI YEl-l lA-OWNER DBA SAGE TEST AND REPAIR; NAJI M. YEHI A; AND ANTHONY RAY RY ERSON)

ACCUSATION

5. Revoking or suspending Smog Check Repair Technician License Number EI 634133,

2 issued to Naj i M. Yehia;

3 6. Revoking or suspending any add itional license issued under Chapter 5, Part 5, Div 26

4 of the Health and Safety Code in the name ofNaj i M. Yehia;

5 7. Revoking or suspending Smog Check Inspector License Number EO 639306, issued

6 to Anthony Ray Ryerson;

7 8. Revoking or suspending any additiona l license issued under Chapter 5, Part 5, Div 26

8 of the Health and Safety Code in the name of Anthony Ray Ryerson;

9 9. Ordering Naji Yeh ia-Owner doing business as Sage Test and Repair, Naj i M. Yehia

10 and Anthony Ray Ryerson to pay the Bureau of Automotive Repair the reasonable costs of the

11 investigation and enforcement of thi s case, pursuant to Business and Professions Code section

12 125.3; and,

13 I 0. Taking such other and further act ion as deemed necessary and proper.

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LA20 17506403 52575750 2.doc

PATRICK DORAIS Chief Bureau of Automotive Repair Department of Consumer A IT airs State ofCaiifomia Complainant

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(NAJI YEH IA-OWNER DBA SAGE TEST AND REPAIR; NAJ I M. YE HIA ; AND ANTHONY RAY RYERSON) ACCUSATION