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BEFORE THE DIRECTOR DEPARTMENT OF CONSUMER AFFAIRS

BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

In the Matter of the Accusation Against:

ERIKA MENDOZA dba 213 STOP AUTO CENTER 6126 S. San Pedro St. Los Angeles, CA 90003

Automotive Repair Dealer Registration No. ARD 280851 Smog Check Test Only Station License No. TC 280851

and

DANIEL FIGUEROA ROCHA 1566 E. 60'h St. Los Angeles, CA 9000 1

Smog Check Inspector License No. EO 638872

Respondents.

Case No. 79117-4015

DECISION

The attached Stipulated Revocation and Disciplinary Order is hereby accepted and adopted as the Decision ofthe Director of the Department of Consumer Affairs in the aboveentitled matter only as to Respondent ERIKA MENDOZA dba 213 STOP AUTO CENTER.

This Decision shall become effective ~u.a:J :J 1 /JO / J .

DATED: I/ v' ()I; ,; -41:1<~1 GRACE ARUPO RODRIGUEZ Assistant Deputy Director Legal Affairs Division Department of Consumer Affairs

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XAVIER BECERRA Attorney General of Califomia ARMANDO ZAMBRANO · Supervising Deputy Attorney General BRIAN LEE Deputy Attomey General State Bar No. 253592

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-3960 Facsimile: (213) 897-2804

Attorneys for Complainant

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BEFORE THE DEI'ARTMENT OF CONSUMER Al?FAIRS

l?OR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALII?ORNIA

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ElUKA MENDOZA dba 213 STOP AUTO CENTER 6126 S. San Pedro St. Los Angeles, CA 90003

Automotive Repair Dealer Registration No. ARD 280851 . . Smog Check Test Only Station License No. TC 280851

and

DANIEL I?IGUEROA ROCHA 1566 E. 60'h St. Los Angeles, CA 90001


Respondents.

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Case No. 79117-4015

STIPULATED REVOCATION AND DISCIPLINARY ORDER

STIPULATED REVOCATION (Case No. 79117-40 15)

1 In the interest of a prompt and speedy resolution of tlus matter, consistent with the public

2 interest and the responsibilities of the Director of Consumer Affairs ("Director") m1d the Bureau

3 of Automotive Repair, the parties hereby agree to the following Stipulated Revocation and

4 Disciplinm·y Order whlch will be submitted to the Director for the Director's approval and ·

5 adoption eys the final disposition of the Accusation solely with respect to Respondent Erika

6 Mendoza, owner, doing business as 213 Stop Auto. Center.

7 PARTIES

8 1. Patrick Dorais (Complainant) is the Chief of the Bureau of Automotive Repair

9 (Bureau). He brought this action solely in his official capavity and is represented in this matter by

10 Xavier Becerra, Attomey General of the State of California, by Brian Lee, Deputy Attorney

11 General.

12 2. Erika Mendoza, owner, dba 213 Stop Auto Center (Respondent) is representing

13 herself in this proceeding and has chosen not to exercise her right to be represented by counsel.

14 Erika Mendoza, Owner, dba 213Ston Auto Center

15 Automotive Repair Dealer Rcgistmtion

16 3. On or about July 13, 2015, the Bureau issued Automotive Repair Dealer Registration

17 No. ARD 280851 to Respondent. The Automotive Repair Dealer Registration was in full force

18 . and efTect at all times relevm1t to the charges brought in Accusation No. 79/17-4015 and will

19 expire on July 31, 2018, unless renewed.

20 Smog Check ~tatio11 License

21 4. On or about September 16, 2015, the Bureau issued Smog Check, Test Only, Station

22 License No. TC 280851 to Respondent. The Smog Check, Test Only, Station License was in full

'23 force and effect at all times relevant to the chm·gps brought in Accusation No. 79/17-4015 and

24 will expire on July 31,2018, unless renewed.

25 STAR Statio~). Certification

26 5. On or about Janua1y 5, 2016, the Bureall certified 213 Stop Auto Center as a STAR

27 Station. Tl~e certification will remain active w1less ARD 280851 m1d/or TC 280851 is revoked,

28 canceled, become delinquent, or tli.e certification is invalidated.

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STIPULATED REVOCATION (Case No. 79/17-4015)

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.JURISDICTION

Accusation No. 79117-4015 was filed before the Director, and is currently pending

3 against Respondent. The Accusation and all other statutorily required documents were properly

4 . served on Respondent on August 21, 2017. In response, Respondent timely filed a notice of

5 defense. A copy of Accusation No. 79117-4015 is attached as. Exhibit A and incorporated by

· 6 reference.

7 ADVISEMENT ANn WAIVERS

g 7. Respondent has carefully read, and understands the chm·ges and allegations. in

9 Accusation No. 79117-4015. Respondent also has carefully read, and understands the effects of

10 this Stipulated Revocation and Disciplinm·y Order.

11 8. Respondent is fully aware of her legal rights in this matter, including the right to a

12 hearing on the charges and allegations in the Accusation; the right to be represented by co~msel, at

13 her own expense; the right to confront and cross-examine the witnesses against her; the right to

14 present evidence and to testify on her own behalf; the right to the issuance of subpoenas to

15 compel the attendance of witnesses and the production of documents; the right to reconsideration

16 and court review of an adverse decision; and all otl1er rights accorded by the California

17 · Administrative Procedure Act and other applicable laws.

18 9. Respondent vohmtatily, lmowingly, and intelligently waives and gives up each and

. 19 every right set forth above.

20 CULPABILITY

21 10. Respondent admits the truth of each and every chat·ge and allegation in Accusation

22 No. 79117-4015,

23 11. Respondent understands that her Automotive Repair Dealer Registration No. ARD

24 280851 and Smog Check, Test Only Station License Number TC 280851 Rte si1bject to discipline

25 and agrees to be boundby the Director of Consmner Affairs imposition of discipline as· set forth

26 in the Disciplinary Order below.

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STIPULATED REVOCATION (Case No, 79/17-4015)

1 RESERVATION

2 12. The admissions made by Respondent herein are only for the purposes of this

3 proceeding, or any otl1er proceedings in which fue Director of Consumer Affairs, Bureau of

4 Automotive Repair, or other professional licensing agency is involved, and shall not be

5 admissible in any other criminal OJ' civil proceeding.

6 CONTINGENCY

7 13. This stipulation shall be subject to approval by the Director or the Director's designee.

8 Respondent understands. and agrees that counsel for Cotnplainant and fue staii ofthe Bureau of

9 Automotive Repair may communicate directly with the Director and staffrcgarding this

10 stipulation, without notice to or participation by Respondent. By signing the stipulation,

11 Respondent understands and agrees that she may not withdraw her agreement or seck to rescind

12 tho stipulation prior to the time U1e Directm· considers and acts upon it. If the Director fails to

13 adopt fuis stipulation. as fue Decision and Order, the Stipulated Revocation and Disciplinary

14 . Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal

15 action between tho parties, and the Director shall not be disqualified from t\.u:lher action by

16 having considered this matter .

. 17 ·14. The parties understand and agree that Portable Document Format (PDF) arid facsimile

18 copies of this Stipulated Revocation and Disciplinary Order, including Portable DocU111ent

19 Format (PDF) and facsimile signatures thereto, shall have the smne force and effect as the

20 · originals.

21 15. This Stipulated Revocation and Disciplinary Order is intended by tho. parties to be an

22 integrated writing representing the complete, fi11al, and exclusive embodiment of their agreement.

23 It supersedes m1y and all prior or contemporaneous agreements, understandings, discussions,

24 negotiations, a11d commitments (written or oral). This Stipulated Revecationand Disciplinmy

25 Order may not be altered, amended, modified, supplemented, or ofuerwise changed except by a

26 writing executed by m1 authorized representative of each of the parties.

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STIPULATED REVOCATION (Case No. 79117-4015)

1 16. In consideration of the foregoing admissions and stipulations, the parties agree that

2 the Director may, without flll'ther notice or formal proceeding, issue and enter tl1efollowing

3 Order:

4 ORDER

5 IT IS HEREBY ORDERED that Automotive Repair Dealer Registration No. ARD 280851

6 and Smog Check, Test Only, Station License No. TC 280851, issued to Respondent Erika

7 · Mendoza doing business as 213 Stop Auto Center, are revoked.

8 1. ··The revocation of Respondent's Automotive Repair Dealer Registrati011 and Smog

9 Check, Test Only, Station License and the acceptance of the revoked license and registration shall

· 10 constitute imposition of disciplit\e against Respot1dent. This stipulation constitutes a record of the

11 discipline and shall become a part of Respondent's license history with the Bureau of Automotive

12 Repair.

13 2. Respondent shall lose all rights and privileges as an Automotive Repair Dealer and

14 Smog Check Station in California as of the effective date of the Director's Decision lmd Order.

15 3. Respondent shall cause to be delivered to the Bureau her pocket license and, if one

16 was issued, her wall certificates on or before the effective date of the Decision and Order.

17 4. If Respondent ever applies for licensure or petitions for reinstatement in the State of

18 California, the Bureau shall treat it as a new application for licensure. Respondent must comply_

19 with all the laws, regulations and procedures for licensure in effect at the time the application or

20 petition is iiled, and all of the charges and allegations contained in Accusation No. 79117-4015

21 shall be deemed to be true, correct and admitted by Respondent when the Director determines

. 22 whether to grant or deny the application or petition.

23 5. Respondent shall pay the agency its costs of investigation and enforcement in Dle

24 amount of $3,598.79 before the application for a new or reinstated license.

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STIPULATED REVOCATION (Ca~e No. 79/17"4015)

Exhibit A

Accusation No. 79/17-4015

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XAVIER BECERRA Attorney General of California ARMANDO ZAMBRANO Supervising Deputy Attorney General BRIAN LEE Deputy Attorney General State Bar No. 253592

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-3960 Facsimile: (213) 897-2804 E-mail: [email protected]

Attorneys for Cumplaiuant

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA


ERICKA MENDOZA dba 213 STOP AUTO CENTER 6126 S. San Pedro St. Los Angeles, CA 90003

Automotive Repair Dealer Registration No. ARD 280851 Smog Check Test Only Station License No. TC 280851

and

DANIEL FIGUEROA ROCHA 1566 E. 60'h St. Los Angeles, CA 90001


Respondents.

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Case No. 79/17-4015

OAHNo.

ACCUSATION

ACCUSATION

1 Complainant alleges:

2 PARTIES

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

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

5 2. On or about July 13, 2015, the Bureau issued Automotive Repair Dealer Registration

6 Number ARD 28085 I to Erika Mendoza dba 213 Stop Auto Center ("Respondent Mendoza").

7 The Automotive Repair Dealer Registration was in full force and effect at all times relevant to the

8 charges brought herein and will expire on July 31, 2018, unless renewed.

9 3. On or about September 16, 2015, the Bureau issued Smog Check, Test Only, Station

10 License Number TC 280851 to Respondent Mendoza. The Smog Check, Test Only, Station

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

12 expire on July 31, 2018, unless renewed.

13 4. On or about November 3, 2015, the Bureau certified 213 Stop Auto Center ("Stop

14 Auto") as a STAR station. That certification was in full force and effect at all times relevant to

15 the charges brought herein, and will remain active unless the ARD registration and/or the Smog

16 Check Station license issued to Respondent Mendoza is revoked, cancelled, or the licenses

17 become delinquent or certification is invalidated.

18 5. On or about January 5, 2016, the Bureau issued Smog Check Inspector License No.

19 EO 638872 to Respondent Daniel Figueroa Rocha ("Respondent Rocha"). The Smog Check

20 Inspector license was in full force and effect at all times relevant to the charges brought herein,

21 and will expire on September 30, 2017, unless renewed .

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. IURISDICfiON

This Accusation is brought before the Bureau under the authority of the following

25 7: Bus. & Prof. Code section 9884.13 provides, in pertinent part, that the expiration of a

26 valid registration shall not deprive the Director of jurisdiction to proceed with a disciplinary

27 proceeding against an automotive repair dealer or to render a decision temporarily or permanently

28 invalidating (suspending or revoking) a registration.

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ACCUSATION

1 8. Health and Safety Code ("Health & Saf. Code") section 44002 provides, in pettinent

2 part, that the Director has all the powers and authority granted under the Automotive Repair Act

3 for enforcing the Motor Vehicle Inspection Program.

4 9. Health & SaL Code section 44072.6 provides, in pertinent part, that the expiration or

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

6 Affairs, or a court of law, or the voluntary surrender of the license shall not deprive the Director

7 of jurisdiction to proceed with disciplinary action.

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9 STATUTORY PROVISIONS

10 10. Bus. & Prof. Code section 9884.7 states, in pertinent part:

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(a) The director, where the automotive repair dealer cannot show there was a bona fide error, may refuse to validate, or may invalidate temporarily or permanently, the registration of an automotive repair dealer for any of the following acts or omissions related to the conduct of the business of the automotive repair dealer, which are done by the automotive repair dealer or any automotive technician, employee, partner, officer, or member of the automotive repair dealer.

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

(4) Any other conduct that constitutes fraud.

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

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

26 11. Bus. & Prot: Code section 477 provides, in pertinent patt, that "Board" includes

27 "bureau,'~ ·~comtnission,'' '~cotnmittec," "'department,'' "division," '"exatnining con1111ittee,"

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ACCUSATION

1 "program," and "agency." "License" includes certificate, registration or other means to engage in

2 a business or profession regulated by the Bus. & Prof. Code.

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

4 check stations shall be performed in accordance with procedmes prescribed by the department.

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

6 of compliance shall be issued if a vehicle meets the requirements of Health & Saf. Code section

7 40012.

8 14. Health & Saf. Code section 44072.2 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 activrties.

(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 ...

1.7 15. Health & Saf. Code section 44072.10 slates, in pertinent part:

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(c) The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following:

(4) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter ...

24 16. Health & Saf. Code section 44072.8 states that when a license has been revoked or

25 suspended following a hearing under this article, any additional license issued under this chapter

26 in the name of the licensee may be likewise revoked or suspended by the director.

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ACCUSATION

1 REGULATORY PROVISIONS

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

3 states:

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

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

6 certit1cate of noncompliance."

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

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

9 44012 of the Health & Saf. Code, section 44035 of the Health & Saf. Code, and section 3340.42

10 ofthis article."

11 19. CCR, title 16, section 3340.35, subdivision (c), states that a licensed smog check

12 station "shall issue a certificate of compliance or noncompliance to the owner or operator of any

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

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

15 functioning correctly."

16 20. CCR, title 16, section 3340.41, subdivision (c), states that "[n)o person shall enter

17 into the emissions inspection system any vehicle identification information or emission control

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

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

20 being tested."

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

22 procedures which apply to all vehicles inspected in the State of California.

23 COST RECOVERY

24 22. Bus. & Prof. Code section 125.3 provides, in pertinent part, that a Board may request

25 the administmlivc law judge to direct a licentiate found to have committed a violation or

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

27 and enforcement of the case.

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ACCUSATION

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STATEMENT OF FACTS

On March 9, 2015, the Bureau implemented a statewide regulatory change

3 requiring the use of an On-Board Diagnostic Inspection System (OIS) in testing of2000 model

4 year and newer gas powered vehicles 14,00() Gross Vehicle Weight Rating (GVW) and under,

5 and 1998 and newer diesel powered vehicles 14,000 GVW and under. The OIS Bureau Test Data

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

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

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

9 make and model vehicles.

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24. In March of 2017,. a Bureau representative initiated an investigation and reviewed

OIS test data for Stop Auto. The investigation revealed that the data related to certain vehicles

certified by Stop Auto contained a pattern of unmistakable discrepancies between the information

transmi!ted during the inspections and documented information known about the subject vehicles.

Specifically, a comparison of the data received from the certified vehicles to data from vehicles of

the same year, make, and model determined that the data ti·om at least ten (10) of the certified

vehicles contained the following unmistakable discrepancies: (1) missing eVINS; (2) incorrect

vehicle communication protocols; and (3) incorrect P!D counts. These documented discrepancies

confirm that the vehicles receiving smog certificates fi·om Stop Auto were fraudulently tested

during the smog inspection using th~ "clean plugging" method. 1 The following chart illustrates

the documented clean plugging activities of Respondents between February 25,2017 to March 9,

2017.

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1 "'Clean plugging'' refers to the usc of another vehicle1s properly functioning On Board Diagnostic, generation II, (OBD II) system, or another source, 1o generate passing diagnostic readings ibr the purpo~o of issuing fraudulent smog CcrtH1cates of Compliuncc to vehicle~ that are not in smog compliance and/or not present for testing. ·

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ACCUSATION

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Test Date Vehicle Cel'tified & Ceitificate Technician OIS Test Data VIN No. License No. Details

Comm. Protocol: 1914

02/25/2017 2005 Dodge Neon SXT ZP967918C E0638872 (expected: JVPW)

1B3ES56C45D179823 (Respondent Rocha) PID Count: 16

(expected: 17, 18 or 1813)

eVIN Missing_


02/25/2017 2011 Kia Soul ZP967919C E0638872 (expected:

KNDJT2A29B7251553 (Respondent ICAN11bt5) Rocha)

PID Count: 16 (expected: 36 or

3611) .

eVIN Missing


02/27/2017 2007 Dodge Charger SE2 ZP967937C E0638872 (expected: 2B3KA43G47H755441 (Respondent ICAN11bt5)

Rocha) PID Count: 16 (expected: 41,

43112, OR 43112115)

eYIN Missing


2008 Toyota Tacoma3 Ql064230C (expected: 03/01/2017 E0638872 ICANllbt5)

5TENX22N18Z538529 (Respondent Rocha) PID Count: 16

(expected: 40)

eVIN Missing ..

' - Tl1is vehicle was previously lcstc<.l at another smog check stalion on August 1, 2015. The OIS Test De for that test indicated the vehicle reported the eVIN, reported the communication protocol as ICANllbt5, and reported a PID count of 43, all as expected.

tail

3 Thi.s vehicle WWi previously tested at rmothcr smog check station on Mnrch 4, 2015. ThcO(S Test Oct

for thaltcst indicated the vehicle rcporlcd the cVIN, reported the communication protocol as ICANllbl5, nm.l reporlcd n PID count of 40, <1H as cxpc~;tet.l.

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ACCUSATION

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03/04/2017 2006 Lexus GS QI164032C E0638872 (expected: Generation 2006 3004 (Respondent ICANllbt5)

JTHBH96S865035930 Rocha) PID Count: 16

(expected 46J17)

cYIN Missin_g__


03/06/2017 2007 Mercedes-Benz Qll64050C E0638872 (expected: C230 (Respondent ICAN11bt5)

WDBRF52H67 A942532 Rocha) PID Count: 16 (expected: 44)

eYIN Missing


03/07/2017 2006 Dodge Ram 3500 ZR146574C E0638872 (expected: ST1 (Respondent ICAN11bt5)

3D7LX38C66G256825 Rocha) PID Count: 16 (expected: 25)

e YIN Missing

Comm. Protocol: !914

03/07/2017 2008 Subaru Forester ZR146577C E0638872 (expected: 2.5X6 (Respondent ICAN11bt5)

JF1SG63618H714746 Rocha) PID Count: 16

(expected: 45J3) .

c YIN Missing

4 This vehicle was previously tested al another smog check sta1ion on March 14, 2015. The OIS Test

Dctai( for that test indicated the vehicle reported the cVIN, reporlcd lhc communication protocol as ICAN11bl5, a reponed a PID count of 46117, ail as expected.

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.I This vehicle was prcviou.sly lusted ul another smog check slalion on August 6, 2015. The OIS Test D for that tt'!st indicated the vehicle reported the cVIN, reported the communic~tion protocol as ICAN llbt5, and rcnortcd a PlD count of 25, all as ex peeled.

cta11

6 This vehicle was previously tested alltnothcr smog check statio!\ on Oclobcr 28, 2016. The OIS Test

Delnil ror thnltcst indicated lhc vehicle rcporlcd lhc cVIN, reported the communication protocol as ICAN11bl5, · reported a PID count of 4513, all as expected.

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ACCUSATION

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03/08/2017

03/09/2017

2005 Mercedes-Benz ZR235308C C230K Sport Sedan

WDBRF40J75A739873

2008 Honda Accord ZR235318C EXL7

JI-IMCP26868C056857


E0638872 (expected: KWPF) (Respondent

Rocha) PID Count: 16 (expected: 17 OR

20)

e YIN Missing


(expected: E0638872 ICAN29bt5)

(Respondent Rocha) PID Count: 16

(expected: 37119)

eV!N Missing

13 25. The data analysis conducted on Stop Auto between February 25,2017 and March 9,

14 2017 shows that Respondents participated in a scheme to perform at least ten (10) fraudulent

15 Smog Check inspections resulting in the issuance of ten (10) fraudulent electronic Smog Check

16 Certificates of Compliance.

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18 FIRST CAUSE FOR DISCIPLINE

19 (Untrue or Misleading Statements- Respondent Mendoza)

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

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disciplinary action pursuant to Bus. & Prof. Code section 9884.7, subdivision (a)(l), in that she

made or authorized statements which she knew or in the exercise of reasonable care should have

known to be untrue or misleading, as follows: Respondent certified that the 10 vehicles identified

in paragraph 24 above had passed smog inspection and were in compliance with applicable laws

and regulations. In fact, Respondent used clean plugging methods for the 10 vehicles identified

in paragraph 24 above. Respondent substiluled or used a different vehicle(s), or another source,

7 This vehicle was previously tested nt another smog check station on May 25, 2016. The OIS Test Detail for that tesl indicated the vehicle reported <he eVIN, reported the communicnlion protocol as 1CAN29bt5, anrl reported a PID count ot'37ll9, all us expected.

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ACCUSATION

1 during the OBD 1l functional tests in order to issue smog certificates ofcompliancc for the

2 vehicles. Respondent did not properly test or inspect any of the 10 vehicles as required by Health

3 & Saf. Code section 44012. Complainant refers to, and by this reference incorporates, the

4 allegations contained in paragraphs 23 through 25, above, as though set forth fully herein.

5 SECOND CAUSE FOR DISCIPLINE

6 (Fraud- Respondent Mendoza)


8 disciplinary action pursuant to Bus. & Prof. Code section 9884.7, subdivision (a)(4), in that she

9 committed acts that constitute fraud by issuing electronic smog certificates of compliance for the

10 10 vehicles identified in paragraph 24 above, without performing bona fide inspections of the

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

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

13 refers to, and by this reference incorporates, the allegations contained in paragraphs 23 through

14 25, above, as though set forth fully herein.

15 THIRD CAUSE FOR DISCIPLINE ·

16 (Matcrh1I Violation of Automotive Repair Act- Respondent Mendoza)


18 disciplinary action pursuant to Bus. & Prof. Code section 9884.7, subdivision (a)'(6), in that she

19 failed in a material respect to comply with the provisions of this chapter or regulations adopted

20 pursuant to it when she issued electronic certificates of compliance for the 10 vehicles identified

21 in paragraph 24 above, without performing bona fide inspecti011S of the emission control devices

22 and systems on those vehicles, thereby depriving the People of the State of California of the

23 protection afforded by the Motor Vehicle Inspection Program. Complainant refers to, and by this

24 reference incorporates, the allegations contained in paragraphs 23 through 25, above, as though

25 set forth fully herein.

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ACCUSATION

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FOURTH CAUSE FOR DISCIPLINE

(Violations of the Motor VehiCle Inspection Program- Respondent Mendoza)

3 29. Respondent Mendoza's Smog Check Test Only Station License is subject to

4 disciplinary action pursuant to Health & Saf. Code section 44072.2, subdivision (a), in that she

5 failed to comply with the following sections of that Code:

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

7 performed on the 10 vehicles identified in paragraph 24 above, in accordance with procedures

8 prescribed by the department.

9 b. Section 44015: Respondent issued electronic smog certificates of compliance for the

10 10 vehicles identified in paragraph 24 above, without ensuring that the vehicles were properly

11 tested and inspected to determine if they were in compliance with Health & Saf. Code section

12 44012.

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

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

15 FIFTH CAUSE FOR DISCIPLINE

16 (Failure to Comply with Regulations Pu1·suant

17 to the Motor V chicle Inspection Program - Respondent Mendoza)


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disciplinary action pursuant to Health & Saf. Code section 44072.2, subdivision (c), in that she

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

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

electronic smog certificates of compliance for the 10 vehicles identified in paragraph 24 above.

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

compliance for the 10 vehicles identified in paragraph 24 above, even though the vehicles had not

been inspected in accordance with section 3340.42.

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

27 into the emissions inspection system for the 10 vehicles identified in paragraph 24 above.

28 II

11

ACCUSATION

1 d. Section 3340.42: Respondent failed to ensure that the required smog tests were

2 conducted on the I 0 vehicles identified in paragraph 24 above, in accordance with the Bureau's

3 specifications.

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

5 paragraphs 23 u;rough 25, above, as though set forth fully herein.

6 SIXTH CAUSE FOR DISCIPLINE

7 (Dishonesty, Fnmd Ol' Deceit- Respondent Mendoza)


9 disciplinary action pursuant to Health & Saf. Code section44072.2, subdivision (d), in that she

10 committed dishonest, fraudulent, or deceitful acts whereby another was injured by issuing

11 electronic smog certificates of compliance for the 10 vehicles identified in paragraph 24 above,

12 without performing bona fide inspections of the emission control devices and systems on the

13 vehicles, thereby depriving the People of the State of California of the protection afforded by the

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

15 allegations contained in paragraphs 23 through 25, above, as though set forth fully herein.

16 SEVENTH CAUSE FOR DISCIPLINE

17 (Violations of the Motor Vehicle Inspection Program- Respondent Rocha)

18 32. Respondent Rocha's Smog Check Inspector License is subject to disciplinmy action

19 pursuant to Health & Saf. Code section 44072.2, subdivision (a), in that he failed to comply with

20 section 44012 of that Code in a material respect, as follows; Respondent failed to perform the

21 emission control tests on the 10 vehicles identified in paragraph 24 above, in accordance with

22 procedures prescribed by the department. Complainant refers to, and by this reference

23 incorporates, the allegations contained in paragraphs 23 through 25, above, as though set forth

24 fully herein.

25 II

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28 II

12

ACCUSATION

1 EIGHTH CAUSE FOR DISCIPLINE

2 (Failure to Comply with Regulations Pursuant .

3. to the Motor Vehicle Inspection Program- Respondent Rocha)

4 33. Respondent Rocha's Smog Check Inspector License is subject to disciplinary action

5 pursuant to Health & Saf. Code section 44072.2, subdivision (c), in that he failed to comply with

6 provisions of California Code of Regulations, title 16, as follows:

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

8 electronic smog certificates of compliance for the 10 vehicles identified in paragraph 24 above.

9 b. Section 3340.30, subdiyision (a): Respondent failed to inspect and test the 10

10 vehicles identified in paragraph 24 above, in accordance with Health & Saf. Code sections 44012

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

12 c. Section 3340.4I, subdivision (c): Respondent knowingly entered false information

13 into the emissions inspection system for the 10 vehicles identified in paragraph 24 above.

14 d. Section 3340.42: Respondent failed to conduct the required smog tests on the 10

15 vehicles identified in paragraph 24 above, in accordance with the Bureau's specifications.

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


18 NINTH CAUSE FOR DISCIPLINE

19 (Dishonesty, Fraud or Deceit- Respondent Rocha)

20 34. Respondent Rocha's Smog Check Inspector License is subject to disciplinary action

21 pursuant to Health & Saf. Code section 44072.2, subdivision (d), in that he committed dishonest,

22 fraudulent, or deceitful acts whereby another was injured by issuing electronic smog certificates

23 of compliance for the 10 vehicles identified in paragraph 24 above, without performing bona fide

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

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

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


28 II

13 ------------------~~-~~-------------------+

ACCUSATION

1 OTHER MATTERS

2 35. Pursuant to Bus. & Prof. Code section 9884.7, subdivision (c), the Director may

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

state by Respondent Mendoza, upon a finding that she has, or is, engaged in a course of repeated

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

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

License No. TC 280851, issued to Respondent Mendoza is revoked or suspended, any additional

license issued under Chapter 5 of Part 5 of Division 26 of the Health and Safety Code in the name

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

37. Pursuant to Health & Saf. Code section 44072.8, if Smog Check Inspector License

No. EO 638872, issued to Respondent Rocha, is revoked or suspended, any additional license

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

licensee may be likewise revoked or suspended by the director.

PRAYER

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

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

1. Revoking or suspending Automotive Repair Dealer Registration No. ARD 280851,

issued to Erika Mendoza dba 213 Stop Auto Center;

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

Erika Mendoza;

3. Revoking or suspending Smog Check Test Only Station License No.

TC 280851, issued to Erika Mendoza dba 213 Stop Auto Center;

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

Division 26 of the Health and Safety Code in the name of Erika Mendoza;

5. Revoking or suspending Smog Check Inspector License No. EO 638872, issued to

Daniel Figueroa Rocha;

II

14 ACCUSATION

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

2 Division 26 of the Health and Safety Code in the name of Daniel Figueroa Rocha;

3 7. Ordering Erika Mendoza db a 213 Stop Auto Center and Daniel Figueroa Rocha to

4 pay the Bureau the reasonable costs of the investigation and enforcement of this case, pursuant to

5 Business and Professions Code section 125.3; and

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

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

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ACCUSATION

Documents

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