XAVIER BECERRA LiNDAL. SUN · San Jacinto, CA 92584 Mailing Address: 35231 Bola Ct. Winchester, CA 92596 Automotive Repair Dealer Registration No. ARD 285275 Smog Check, Test Only,

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XAVIER BECERRA Attorney General of California LiNDAL. SUN Supervising Deputy Attorney General STEPHEN D. SVETICH Deputy Attorney General State Bar No. 272370

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269-6306 Facsimile: (213) 897-2804 E-mail: [email protected]

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:

MOHAMMED JAMAL RAHMAN, OWNER, DOING BUSINESS AS MR. SMOG 7701 Garfield Ave., Unit B Bell Gardens, CA 90201

Previous Business Address: 580 S. State Street, Unit 7 San Jacinto, CA 92584

Mailing Address: 35231 Bola Ct. Winchester, CA 92596

Automotive Repair Dealer Registration No. ARD 285275 Smog Check, Test Only, Station License No. TC 285275, ST AR Certified

and

MOHAMMED JAMAL RAHMAN 35231 Bola Ct. Winchester, CA 92596

Smog Check Inspector License No. EO 639775

Respondents.

Case No. 79/17-2898

ACCUSATION

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(MOHAMMED JAMAL RAHMAN OBA MR. SMOG and MOHAMMED JAMAL RAHMAN) ACCUSATION

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Complainant alleges:

PARTIES

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

4 as the Chief of the Bureau of Automotive Repair (the "Bureau"), Department of Consumer

5 Affairs.

6 Automotive Repair Dealer Registration

7 2. On or about November 7, 2016, the Bureau issued Automotive Repair Dealer

8 ("ARD") Registration No. ARD 285275 to Respondent Mohammed Jamal Rahman, Owner,

9 doing business as Mr. Smog ("Respondent Mr. Smog"). The ARD Registration was in full force

IO and effect at all times relevant to the charges brought herein and will expire on November 30,

11 2018, unless renewed.

12 Smog Check Station License

13 3. On or about December 21, 2016, the Bureau issued Smog Check, Test Only, Station

]4 License No. TC 285275 to Respondent Mr. Smog. The Smog Check Test Only Station License

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

16 November 30, 2018, unless renewed.

17 STAR Certification

18 4. Respondent Mr. Smog is also certified as a ST AR Station. The certification was

19 issued on January 24, 2017, and will remain active unless the ARD registration and/or Smog

20 Check Station license is revoked, canceled, licenses become delinquent or certification is

21 invalidated.

22 Inspector License

23 5. On or about October 10, 2016, the Bureau issued Smog Check Inspector License No.

24 EO 639775 to Respondent Mohammed Jamal Rahman ("Respondent Rahman"). The Smog

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

26 herein and will expire on October 31, 2018, unless renewed.

27 Ill

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(MOHAMMED JAMAL RAHMAN DBA MR. SMOG and MOHAMMED JAMAL RAHMAN) ACCUSATION

JURISDICTION

2 6. This Accusation is brought before the Director of the Department of Consumer

3 Affairs ("Director") for the Bureau, under the authority of the following laws.

4 7. Section 9884.7 of the Business and Professions Code 1 provides that the Director may

5 revoke an ARD registration.

6 8. Section 9884.13 of the Code provides, in pertinent part, that the expiration ofa valid

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

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

9 temporarily or permanently.

IO STATUTORY PROVISIONS

II 9. Section 9884.7 of the Code states:

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

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

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

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

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

17 "( 1) Making or authorizing in any manner or by any means whatever any statement written

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

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

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

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

22 regulations adopted pursuant to it. ... "

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10. Section 44072.2 of the Health and Safety Code states:

'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:

1 All statutory references herein shall be to the Business and Professions Code unless specifically stated otherwise.

3 (MOHAMMED JAMAL RAHMAN DBA MR. SMOG and MOHAMMED JAMAL RAHMAN)

ACCUSATION

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"(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 ....

"(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 ...

"

[ l. Section 44072.10 of the Health and Safety Code states, in pertinent part:

9 "(c) The department shall revoke the license of any smog check technician or station

1 o license who fraudulently certifies vehic !es or participates in the fraudulent inspection of vehic !es.

[ l A fraudulent inspection includes, but is not limited to, all of the following:

12 "(l) Clean piping, as defined by the department. ...

[ 3 "( 4) Intentional or willful violation of this chapter or any regulation, standard, or

14 procedure of the department implementing this chapter. ... "

15 REGULATORY PROVISIONS

16 [2. California Code of Regulations, title 16, section 3340.24, subdivision (c), states:

[ 7 "The bureau may suspend or revoke the license of or pursue other legal action against a

[ 8 licensee, if the licensee falsely or fraudulently issues or obtains a certificate of compliance or a

19 certificate of noncompliance."

20 13. California Code of Regulations, title 16, section 3340.30, states:

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

22 licensed.

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

24 44012 of the Health and Safety Code, section 44035 of the Health and Safety Code, and section

25 3340.42 of this article .... "

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14. California Code of Regulations, title 16, section 3340.35, states, in pertinent part:

"

"(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 .... "

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

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

9 COST RECOVERY

10 16. Section 125.3 of the Code provides, in pertinent part, that the Board may request the

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

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

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

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

15 included in a stipulated settlement.

16 YID DATA REVIEW

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

18 the use of an On-Board Diagnostic Inspection System ("OIS"). OIS is the Smog Check

] 9 equipment required in all areas of the State when inspecting most model-year 2000 and newer

20 gasoline and hybrid vehicles and most 1998 and newer diesel vehicles. The system consists of a

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

22 is an On Board Diagnostic ("OBD") scan tool that, when requested by the California OIS

23 software, retrieves OBD data from the vehicle. All OBD data that the vehicle indicates it

24 supports is requested by the California OIS software and will be retrieved. The DAD connects

25 between the OIS computer and the vehicle's DLC. The California OIS software requires a

26 continuous Internet connection when performing a Smog Check inspection and the OIS software

27 communicates with BAR's central database through the Internet connection. The bar code

28 scanner is used to input technician information, the vehicles identification number ("VIN"), and

5 (MOHAMMED JAMAL RAHMAN OBA MR. SMOG and MOHAMMED JAMAL RAHMAN)

ACCUSATION

OMV renewal information. The printer provides a Vehicle Inspection Report ("VIR") containing

2 inspection results for motorists and a Smog Check Certificate of Compliance number for passing

3 vehicles.

4 18. Data retrieved and recorded during an OIS smog check includes; the eYIN, which is

5 the digitally stored VIN programmed into the vehicle's Powertrain Control Module ("PCM''); the

6 communication protocol, which is the manufacturer/vehicle specific language the PCM uses to

7 relay information; and the number of Parameter Identifications ("PIDs"), which is the number of

8 specific data values each PCM uses related to emissions controls.

9 19. If the vehicle passes the visual, functional and tailpipe tests, it passes the overall

IO inspection and a Certificate of Compliance is issued and transmitted electronically to the Vehicle

11 Information Database ("YID"). These Certificates of Compliance are purchased in blocks of fifty

12 (50) through the EIS or OIS from the YID, using a pre-arranged electronic bank account debit

13 system or by check, via mail, from Bureau Headquarters in Sacramento. Each Certificate of

]4 Compliance has a unique control number so that it can be tracked to determine which Smog

]5 Check Station purchased the Certificate of Compliance and to which vehicle it was issued.

16 20. The YID contains registration data from Department of Motor Vehicles ("DMY")

J 7 plus emission standards, vehicle smog check inspections, smog check stations and technicians,

] 8 and Certificates of Compliance. The YID receives the passing smog check results immediately

19 following the inspection. During the vehicle registration process, the DMV accesses the YID to

20 verify that the vehicle has been tested and certified. The Bureau can also access the YID to view

21 test data on smog check inspections performed at any Smog Check Station, or search for, retrieve,

22 and print a test record for a particular vehicle which has been tested. The EIS or OIS, depending

23 on the test type, also prints a Vehicle Inspection Report ("VIR"), which is a physical record of the

24 test results and shows the Certificate of Compliance number that was issued if the vehicle passed

25 the smog inspection.

26 21. The smog check technician must sign the YIR under penalty of perjury to indicate

27 that the inspection was done within Bureau guidelines. Smog Check Stations are required by law

28 to maintain a copy of the VIR along with a copy of the repair invoice for three years. The


ACCUSATION

consumer's VIR serves as a receipt and proof that the YID was updated and a Certificate of

2 Compliance was issued. Licensed Smog Check Technicians are the only persons authorized by

3 the Bureau to perform official inspections. They are issued a personal access code and a license,

4 which are used to gain access to the EIS and OIS to perform smog check inspections.

5 Unauthorized use of another technician's access code or license is prohibited.

6 22. Respondents have engaged in numerous acts or omissions constituting violations of

7 the Automotive Repair Act (Business and Professions Code section 9880 et seq.) and Motor

8 Vehicle Inspection Program (Health and Safety Code section 44000 et seq.) through their practice

9 of"clean plugging."2 Respondent Mr. Smog's OIS Test Data available on the State database

10 indicated that Respondent Mr. Smog is involved in fraudulent smog inspection activities. Bureau

11 representatives initiated an investigation based on information transmitted to the YID for smog

12 check inspections performed by Respondent Rahman at Respondent Mr. Smog's station. The

13 investigation revealed that the data related to certain vehicles certified by Respondent Mr. Smog

14 contained a pattern of unmistakable discrepancies between the information transmitted during the

15 inspections and documented information known about the vehicles at issue. Specifically, the

16 representative compared the data received from the certified vehicles to data from vehicles of the

17 same year, make, and model and determined that the data from at least thirteen (I 3) of the

18 certified vehicles contained two or more of the following unmistakable discrepancies: (1)

19 incorrect eVINs; (2) incorrect vehicle communication protocols; and (3) incorrect PID counts.

20 These documented discrepancies confirm that the vehicles receiving smog certificates from

21 Respondent Mr. Smog were fraudulently tested during the smog inspection using the "clean

22 plugging" method. The following chart ("Table I") illustrates the documented clean plugging

23 activities of Respondents between February 9, 2017, and January 25, 2018.

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2 "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 Comp I iance to vehicles that are not in smog compliance and/or not present for testing.


ACCUSATION

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TABLE 1

No. Test Date Vehicle Certified & License No.

Certificate No.

Technician License No.

OIS Test Data Details

2/9/2017

2 2/11/2017

3 2/11/2017

2003 GMC Envoy3

VIN No. 1 GKDS 13S932349718 CA License Plate No.

5CFU865

2003 Ford Ranger4

VIN No. 1 FTYRl 0D73PA6 l 598 CA License Plate No.

RRROOM

2008 Honda Civic LX 5

VIN No. 2HGFA16598H335038

ZN099038C

ZN099046C

ZN099050C

EO 639775 (Respondent

Rahman)


Rahman)


Rahman)

Comm. Protocol: !914

(expected: JVPW)

PIO Count: 5 ( expected: 18 or

19)

Comm. Protocol: 1914

(expected: JPWM)

PIO Count: 5 (expected: 18 or

19)


(expected: ICAN29bt5)

PIO Count: 5 (expected: 15139119 or

39119)

3 This specific 2003 GMC Envoy bearing the same VIN Number underwent a smog check inspection at another licensed smog check station on February 7, 2015. During that Smog Check Inspection, the 2003 GMC Envoy transmitted the correct communication protocol (JVPW), and a correct PIO count ( 18), consistent with the OIS Test Data and Similar Vehicle OIS Test Data. 4 This specific 2003 Ford Ranger bearing the same VIN Number underwent a smog check inspection at another licensed smog check station on March 14, 2015. During that Smog Check Inspection, the 2003 Ford Ranger transmitted the correct communication protocol (JPWM), and a correct PIO count (19), consistent with the OIS Test Data and Similar Vehicle O!S Test Data. 5 This specific 2008 Honda Civic LX bearing the same VIN Number underwent a smog check inspection at another licensed smog check station on May 28, 2016. During that Smog Check Inspection, the 2008 Honda Civic LX transmitted the correct communication protocol (ICAN29bt5), and a correct PIO count (39119), consistent with the OIS Test Data and Similar Vehicle OIS Test Data.


ACCUSATIOI\

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No. Test Date Vehicle Certified & Certificate Technician 01S Test License No. No. License No. Data Details


4 2/1 I/2017 2002 Hyundai Sonata ZP562911C EO 639775 (expected: GLS (Respondent KWPF)

VIN No. Rahman) KMHWF35H42A612588 PIO Count: 5

CA License Plate No. ( expected: 21 or

5WUP885 21 I 1 J

Comm. Protocol:

2002 Chrysler PT Cruiser !914 5 2/13/2017 Classic ZP562921C EO 639775 (expected:

Yin No. (Respondent JYPW) 3C4FY48B72T3 l 8901 Rahman) CA License Plate No. PIO Count: 5

4STC808 (expected: 17 or 1713)

Comm. Protocol:

2006 Saturn Vue6 !914 6 2/13/2017 Yin No. ZP562922C EO 639775 (expected:

5GZCZ53476S824443 (Respondent KWPF)

CA License Plate No. Rahman)

7EYM026 PIO Count: 5 (expected: 25)

2008 BMW 335i7 Comm. Protocol: VIN No. KWPF

7 1/12/2018 WBA WL 73528PX54 l l 5 HL641341 C EO 639775 (expected: CA License Plate No. (Respondent !CAN 11 bt5)

N54LOVE Rahman) PIO Count: 22110 (expected: 46 or

46[ 14)

6 This specific 2006 Saturn Vue bearing the same VlN Number underwent a smog check inspection at another licensed smog check station on July 2, 2016. During that Smog Check Inspection, the 2006 Saturn Yue transmitted the correct communication protocol (KWPF), and the correct PIO count (25), consistent with the OIS Test Data and Similar Vehicle OIS Test Data. 7 This specific 2008 BMW 335i bearing the same VIN Number underwent a smog check inspection at another licensed smog check station on July 26, 2016. During that Smog Check Inspection, the 2008 BMW 335i transmitted the correct communication protocol (!CAN! I bt5), and the correct PIO count (46[14), consistent with the OIS Test Data and Similar Vehicle OIS Test Data.

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No. Test Date Vehicle Certified & Certificate Technician 01S Test License No. No. License No. Data Details

Comm. Protocol: KWPF

8 1/1212018 2008 BMW 335i HL641344C EO 639775 (expected: Vin No. (Respondent !CAN 11 bt5)

WBA WB73538Pl 57249 Rahman) CA License Plate No. PIO Count: 22110

6EHN895 (expected: 46 or 46114)

eVin Reported as WBA WV73538P

157249 (Correct eYin

Expected)

Comm. Protocol: JPWM

9 1/1312018 2005 Ford Fl50 HL872484C EO 639775 (expected: VIN No. (Respondent !CAN 11 bt5)

1FTRF12205NA63989 Rahman) PIO Count: 22 (expected: 47)

Comm. Protocol: 2007 Chevrolet Silverado JVPW

10 1/1612018 Cl500 Crew Cab8 HN060874C EO 639775 (expected: Yin No. (Respondent !CAN 11 bt5)

2GCEC l 3C071719840 Rahman) CA License Plate No. PIO Count: 22

8N25097 (expected: 431718 or 441718)

Ill

Ill

8 This specific 2007 Chevrolet Silverado Cl500 Crew Cab bearing the same VIN Number and California License Plate Number underwent a smog check inspection at another licensed smog check station on August 24, 2015. During that Smog Check Inspection, the 2007 Chevrolet Silverado Cl500 Crew Cab transmitted the correct communication protocol (!CAN! 1 bt5) and the correct PIO count (441718), consistent with the O1S Test Data and Similar Vehicle O1S Test Data.

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(MOHAMMED JAMAL RAHMAN OBA MR. SMOG and MOHAMMED JAMAL RAHMAN) ACCUSATION

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No. Test Date

1 1 1/2312018

12 1124120 I 8

13 112512018

Vehicle Certified & License No.

2006 Toyota Camry LE9

Vin No. 4TIBE32K06U69533 I CA License Plate No.

5SXF250

2002 Mazda Protege DX 10

Vin No. JM1BJ225620637440 CA License Plate No.

5AHY786

2005 Nissan Quest S11

Vin No. 5N1BV28Ul5Nl 17573 CA License Plate No.

6VYB249

Certificate Technician 01S Test No. License No. Data Details

Comm. Protocol: ICAN 11 bt5

HN288822C EO 639775 (expected: 19 I 4) (Respondent

Rahman) PIO Count: 39 (expected: 17 or

18)

Comm. Protocol: ICANJ 1 bt5

HN288855C EO 639775 (expected: 1914) (Respondent

Rahman) PIO Count: 43112 (expected: 18)

eVin Reported But Not

Expected

Comm. Protocol: ICAN11bt5

HN288865C EO 639775 (expected: 1914) (Respondent

Rahman) PIO Count: 43 (expected: 22)

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9 This specific 2006 Toyota Camry LE bearing the same VJN Number and California License Plate Number underwent a smog check inspection at another licensed smog check station on January 9, 2016. During that Smog Check lnspection, the 2006 Toyota Camry LE transmitted the correct communication protocol (1914) and the correct PIO count (18), consistent with the OIS Test Data and Similar Vehicle O1S Test Data. 10 A 2007 Dodge Charger SE, bearing VIN Number 2B3KA43HX7H757851 was the vehicle used to generate the fraudulent smog certificate of compliance for the 2002 Mazda Protege DX. The 2007 Dodge Charger SE was certified by Respondent Rahman at Respondent Mr. Smog's station on January 24, 2018, the same day as the fraudulent smog check inspection of the 2002 Mazda Protege DX. The OIS Test Data transmitted for the 2007 Dodge Charger SE matches the OIS Test Data for the fraudulent inspection of the 2002 Mazda Protege DX for the eVin, communication protocol, and PlD count. 11 This specific 2005 Nissan Quest S bearing the same VIN Number and California License Plate Number underwent a smog check inspection at another licensed station on January 6, 2016. During that Smog Check Inspection, the 2005 Nissan Quest S transmitted the correct communication protocol (1914) and the correct PIO count (22), consistent with the OIS Test Data and Similar Vehicle OIS Test Data.

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23. This data of Respondents' smog check activities between February 9, 2017, and

2 January 25, 2018, shows that Respondents participated in a scheme to perform at least thirteen

3 (13) fraudulent Smog Check inspections resulting in the issuance of thirteen (13) fraudulent

4 electronic Smog Check Certificates of Compliance.

5 VIDEO SURVEILLANCE OPERATION OF MARCH 6, 2017

6 24. On or about March 6, 2017, two Bureau Representatives conducted a surveillance of

7 Respondent Mr. Smog. Mr. Smog's station is approximately 40 feet wide by 50 feet deep with a

8 small office built into the rear, right corner. It has two large roll-up doors on the south side of the

9 building for access. There were no other doors on the unit for vehicles to enter or exit through the

1 o rear of the unit or the side of the unit. The Bureau Representatives arrived at the location at

11 approximately 1820-1845 hours. They were in the parking area of the building directly in front of

12 the unit's two doors. Although the doors to the testing bay were down, the Bureau

13 Representatives observed that a light was on inside of the unit, and they could hear the sound of a

14 vehicle driving on the analyzer dynarnorneter from inside the unit. The large entry doors to the

15 unit had approximately five to ten 1/8 inch holes drilled in them, approximately 36 inches from

16 the ground. One Bureau Representative saw into the unit and verified the only vehicles inside

17 were a black Ford Crown Victoria or Mercury Grand Marquis located on the dynarnorneter

18 directly in front of the roll-up door at the east end of the unit and an older, black Chevrolet Vega

19 on the west end of the unit located further back. The Bureau Representative saw Respondent

20 Rahman in the unit with another unidentified male.

21 25. As the Bureau Representative waited outside of Respondent Mr. Smog's station,

22 another five vehicles were tested and certified that he did not observe at the location. Two of the

23 vehicles were tested using the OIS analyzer and three of the vehicles were certified using the

24 BAR-97 analyzer and dynarnorneter. During the entire period that the Bureau Representatives

25 were surveilling Respondent Mr. Smog's station that evening, no vehicles had entered or exited

26 the station and the doors to the unit never opened.

27 26. At approximately 1940, the Bureau Representatives knocked on the door of

28 Respondent Mr. Smog's station and identified themselves as investigators with the Bureau. They

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requested that Respondent Rahman open the door to the station, but no one responded. It became

2 silent in the unit, and someone turned off the lights. The surveillance at approximately 2000

3 hours.

4 27. When the Bureau Representatives returned to their office, they downloaded the test

5 data information from the VID for the March 6, 2017, surveillance of Respondent Mr. Smog.

6 The summary shows that during the period of surveillance on March 6, 2017, three inspections

7 were performed on three different vehicles, and three electronic Smog Check Certificate numbers

8 were issued. The test data summary shows that the Inspector license of Rahman was used to

9 perform all of the inspections. The surveillance revealed that none of the vehicles identified

Io below had entered the premises or the smog check area on the date and at the time they were

11 allegedly tested and certified. Based on the surveillance, the VID data, and their observations, the

12 Bureau representatives determined that the smog inspections were conducted using clean piping 12

13 methods, resulting in the issuance of fraudulent certificates of compliance for the following three

14 vehicles, as set forth in Table 2 below.

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Test Date & Times Vehicle Certified & License or VIN No.

3/6/17 1996 Honda Odyssey 6:35 p.m. - 6:45 p.m. VIN No.

JHMRAI 866TC0l 5848 License Plate No.

7GZA778

TABLE 2

Certificate No.

ZRl 1121 IC

Smog Check Inspector

License No.


Rahman)

Details

During the period of time the 1996 Honda Odyssey was tested and certified, the doors to the station were down. The only vehicles observed inside of the testing facility was a Chevrolet Vega and either a Ford Crown Victoria or a Mercury Grand Marquis.

12 Pursuant to California Code of Regulations, title 16, section 3340.1, subdivision (t), "clean piping" means the use of a sample of the exhaust emissions of one vehicle in order to cause the EIS to issue a certificate of compliance for another vehicle.

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316/17 7:02 p.m. -7:11 p.m.

316/17 7: 19 p.m. - 7:30 p.m.

1995 Nissan Pathfinder VIN No.

JN8HD l 7S7SW 103344 License Plate No.

6BHE214

1995 Buick LeSabre VIN No.

1 G4HP52LXSH462035 License Plate No.

6MHB245

ZR111212C

ZR111213C

During the period of time the 1995 Nissan

EO 639775 Pathfinder was tested and (Respondent

Rahman)


Rahman)

ce11ified, the doors to the station were down. The only vehicles observed inside of the testing facility was a Chevrolet Vega and either a Ford Crown Victoria or a Mercury Grand Marquis.

During the period of time the 1995 Buick LeSabre was tested and certi fled, the doors to the station were down. The only vehicles observed inside of the testing facility was a Chevrolet Vega and either a Ford Crown Victoria or a Mercury Grand Marquis.

FIRST CAUSE FOR DISCIPLINE

(Untrue or Misleading Statements - Respondent Mr. Smog)

28. Respondent Mr. Smog's registration is subject to disciplinary action pursuant to

section 9884.7, subdivision (a)(l), in that between February 9, 2017, and January 25, 2018,

Respondent Mr. Smog made or authorized statements which it knew or in the exercise of

reasonable care should have known to be untrue or misleading, as follows: Respondent Mr.

Smog certified that the vehicles set forth above in Tables 1 and 2, had passed inspection and were

in compliance with applicable laws and regulations. In fact, Respondent Mr. Smog conducted the

inspections on those vehicles using the clean plugging method in order to issue smog certificates

of compliance, and did not test or insect the vehicles as required by Health and Safety Code

section 44012.

Ill

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SECOND CAUSE FOR DISCIPLINE

(Fraud • Respondent Mr. Smog)

29. Respondent Mr. Smog's registration is subject to disciplinary action pursuant to

4 section 9884.7, subdivision (a)(4), in that between February 9, 2017, and January 25, 2018,

5 Respondent Mr. Smog committed acts which constitute fraud by issuing electronic certificates of

6 compliance for the vehicles set forth above in Tables 1 and 2, without performing bona fide

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

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

9 Program.

10 THIRD CAUSE FOR DISCIPLINE

11 (Failure to Comply with the Motor Vehicle Inspection Program -

12 Respondent Mr. Smog)

13 30. Respondent Mr. Smog's station license is subject to disciplinary action pursuant to

14 Health and Safety Code section 44072.2, subdivision (a), in that between February 9, 2017, and

15 January 25, 2018, regarding the vehicles set forth above in Tables 1 and 2, Respondent Mr. Smog

16 failed to comply with the following sections of the Health and Safety Code:

17 (a) Section 44012: Respondent Mr. Smog failed to ensure that the emission control

18 tests were performed on sixteen ( 16) vehicles, in accordance with procedures prescribed by the

19 department.

20 (b) Section 44015: Respondent Mr. Smog issued electronic certificates of

21 compliance for sixteen (16) vehicles, without ensuring that the vehicles were properly tested and

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

23 FOURTH CAUSE FOR DISCIPLINE

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

25 Respondent Mr. Smog)


27 Health and Safety Code section 44072.2, subdivision (c), in that between February 9, 2017, and


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failed to comply with the following provisions of the California Code of Regulations, Title 16, as

2 follows:

3 (a) Section 3340.35, subdivision (c): Respondent Mr. Smog issued sixteen (16)

4 electronic certificates of compliance even though those vehicles had not been inspected in

5 accordance with section 3340.42, Title 16, of the California Code of Regulations.

6 (b) Section 3340.42: Respondent Mr. Smog failed to conduct the required smog

7 tests and inspections on sixteen ( 16) vehicles in accordance with the Bureau's specifications.

8 FIFTH CAUSE FOR DISCIPLINE

9 (Dishonesty, Fraud or Deceit - Respondent Mr. Smog)


11 Health and Safety Code section 44072.2, subdivision (d), in that between February 9, 2017, and


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

14 electronic certificates of compliance for sixteen (16) vehicles without performing bona fide

15 inspections of the emission control devices and systems on the vehicles, thereby depriving the

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

17 Program.

18 SIXTH CAUSE FOR DISCIPLINE

19 (Violations of the Motor Vehicle Inspection Program - Respondent Rahman)

20 33. Respondent Rahman's smog check inspector license is subject to discipline pursuant

21 to Health and Safety Code section 44072.2, subdivision (a), in that between February 9, 2017, and

22 January 25, 2018, regarding the vehicles set forth above in Tables 1 and 2, Respondent Rahman

23 failed to comply with section 44012 of the Health and Safety Code in a material respect, as

24 follows: Respondent Rahman failed to perform the emission control tests on sixteen (16) vehicles

25 in accordance with produces prescribed by the department.

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SEVENTH CAUSE FOR DISCIPLINE

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

Respondent Rahman)

34. Respondent Rahman's smog check inspector license is subject to discipline pursuant

5 to Health and Safety Code section 44072.2, subdivision (c), in that between February 9, 2017, and

6 January 25, 2018, regarding the vehicles set forth above in Tables 1 and 2, Respondent Rahman

7 failed to comply with provisions of the California Code of Regulations, title 16, as follows:

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

issued electronic smog certificates of compliance for sixteen (16) vehicles.

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

sixteen ( 16) vehicles in accordance with Health and Safety Code section 44012.

(c) Section 3340.41, subdivision (c): Respondent Rahman knowingly entered false

information into the emissions inspection system for sixteen (16) vehicles.

(d) Section 3340.42: Respondent Rahman failed to conduct the required smog tests

and inspections on sixteen (16) vehicles in accordance with the Bureau's specifications.

EIGHTH CAUSE FOR DISCIPLINE

(Dishonesty, Fraud or Deceit - Respondent Rahman)

35. Respondent Rahman's smog check inspector license is subject to discipline pursuant

J 9 to Health and Safety Code section 44072.2, subdivision (d), in that between February 9, 2017,

20 and January 25, 2018, regarding the vehicles set forth above in Tables 1 and 2, Respondent

21 Rahman committed acts involving dishonesty, fraud or deceit whereby another was injured by

22 issuing electronic certificates of compliance for sixteen (16) vehicles without performing bona

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

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

25 Program.

26 OTHER MATTERS

27 36. Pursuant to Business & Professions Code section 9884.7, subdivision (c), the Director

28 may suspend, revoke, or place on probation the registration for all places of business operated in

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this State by Respondent Mr. Smog upon a finding that Respondent Mr. Smog has, or is, engaged

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

3 automotive repair dealer.

4 37. Pursuant to Health & Safety Code section 44072.8, if Smog Check Test Only Station

5 License Number TC 285275 issued to Respondent Mr. Smog, is revoked or suspended following

6 a hearing under this article, any additional license issued under Chapter 5, Part 5, Division 26 in

7 the name of said licensee may be likewise revoked or suspended by the Director.

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

9 Number EO 639775 issued to Respondent Rahman is revoked or suspended following a hearing

Jo under this article, any additional license issued under Chapter 5, Part 5, Division 26 in the name

11 of said licensee may be likewise revoked or suspended by the Director.

12 PRAYER

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

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

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

J 6 285275, issued to Mohammed Jamal Rahman, Owner, doing business as Mr. Smog;

17 2. Revoking or suspending any other Automotive Repair Dealer registration license

18 issued to Mohammed Jamal Rahman;

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

20 285275, issued to Mohammed Jamal Rahman, Owner, doing business as Mr. Smog;

21 4. Revoking or suspending Smog Check Inspector License No. EO 639775 issued to

22 Mohammed Jamal Rahman;

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

24 Division 26 of the Health and Safety Code in the name of Mohammed Jamal Rahman;

25 6. Ordering Mohammed Jamal Rahman, Owner, doing business as Mr. Smog and

26 Mohammed Jamal Rahman to pay the Bureau of Automotive Repair the reasonable costs of the

27 investigation and enforcement of this case, pursuant to Business and Professions Code section

28 125.3; and,


ACCUSATION

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

DATED:

LA2018600967

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

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ACCUSATION

Documents

XAVIER BECERRA LiNDAL. SUN · San Jacinto, CA 92584 Mailing Address: 35231 Bola Ct. Winchester, CA 92596 Automotive Repair Dealer Registration No. ARD 285275 Smog Check, Test Only,