before the - california bureau of automotive...

BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS

FOR THE BUREAU OF AUTOMOTIVE REPAIR STATE OF CALIFORNIA

Case No. 79/16-45

DEFAULT DECISION AND ORDER

[Gov. Code, §11520]

In the Matter of the Accusation Against:

KING SMOG TEST ONLY 960 5. King Road San Jose, CA 95122 NGUYEN HOANG NGUYEN, OWNER

Automotive Repair Dealer Registration No. ARD 267623 Smog Check Test Only Station License No. TC 267623

NGUYEN HOANG NGUYEN 2135 Little Orchard, SP 84 San Jose, CA 95125

Smog Check Inspector (EO) License No. 146234 Smog Check Repair Technician (El) License No. 146234

BINH-AN TRINH NGUYEN 554 Arleta Ave. San Jose, CA 95128


TRUNG MINH TRUONG 3712 Rue Mirassou San Jose, CA 95148


Respondents.

DEFAULT DECISION & ORDER Case No. 79/16-45

FINDINGS OF FACT

1. On or about January 28, 2016, Complainant Patrick Dorais, in his official capacity as

the Chief of the Bureau of Automotive Repair, Department of Consumer Affairs, filed Accusation

No. 79/16-45 against Nguyen Hoang Nguyen as an individual and doing business as King Smog

Test Only, Binh-An Trinh, Nguyen and Trung Minh Truong (collectively Respondents) before

the Director of Consumer Affairs. Accusation No. 79/16-45 is attached as Exhibit A.

1. On or about January 5, 2012, the Bureau issued Automotive Repair Dealer

Registration Number ARD 267623 ("registration") to Nguyen Hoang Nguyen ("Respondent

Nguyen Nguyen") doing business as King Smog Test Only. The registration was due to expire on

January 31, 2016, however was cancelled on January 4,2016. The registration is subject to

reinstatement until January 31, 2019. The license was suspended, however the suspension was

stayed on January 25, 2016.

2. On or about March 16, 201 2, the Bureau issued Smog Check Test Only Station

License Number TC 267623 ("station license") to Respondent Nguyen Nguyen The license was

due to expire on January 31, 2016, however was cancelled on January 4,2016. The license is

subject to reinstatement until January 31, 2019. The license was suspended on January 25, 2016.

3. In or about 2003, the Director issued Advanced Emission Specialist Technician

License Number EA 146234 to Respondent Nguyen Nguyen. Respondent Nguyen Nguyen '5

advanced emission specialist technician license was due to expire on June 30, 2013 however was

cancelled on June 17, 2013. Pursuant to California Code of Regulations, title 16, section 3340.28,

subdivision (e), the license was renewed, pursuant to Respondent's election, as Smog Check

Inspector License EO 146234 and Smog Check Repair Technician License El 146234.

Respondent Nguyen Nguyen's Smog Check Inspector License and Smog Check Repair

Technician License expired on June 30, 2017, and have not been renewed. The licenses were

also suspended on January 25, 2016.

Effective August 1, 2012, California Code of Regulations, title 16, section 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 and/or Smog Check Repair Technician (El) license.

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4. In or about 2006, the Director issued Advanced Emission Specialist Technician

License Number EA 152659 to Binh-An Trinh Nguyen (Respondent Binh-An Nguyen).

Respondent Binh-An Nguyen's advanced emission specialist technician license was due to expire

on June 30, 2014. however was cancelled on June 12, 2014. Pursuant to California Code of

Regulations, title 16, section 3340.28, subdivision (e), the license was renewed, pursuant to

Respondent's election, as Smog Check Inspector License EO 152659 and Smog Check Repair

Technician License El 152659. Respondent Binh-An Nguyen's Smog Check Inspector License

and Smog Check Repair Technician License expired on June 30, 2016, and have not been

renewed. The licenses were also suspended on January 25, 2016.

5. On or about May 16, 2012, the Director issued Advanced Emission Specialist

Technician License Number EA 634269 to Trung Minh Truong (Respondent Truong).

Respondent Truong's advanced emission specialist technician license was due to expire on

December 31, 2013, however was cancelled on December 19, 2013. Pursuant to California Code

of Regulations, title 16, section 3340.28, subdivision (e), the license was renewed, pursuant to

Respondent's election, as Smog Check Inspector License EO 634269 and Smog Check Repair

Technician License El 634269. Respondent Truong's Smog Check Inspector License and Smog

Check Repair Technician License expired on December 31, 2015. The licenses were also

suspended on January 25, 2016.

6. A lapse or cancellation in registration or licensure, pursuant to Business and Professions

Code section 118(b), Business and Professions Code section 9884.13, and Health and Safety

Code section 44072.6 does not deprive the Bureau of its authority to institute or continue this

disciplinary proceeding.

7. On or about January 28, 2016, Respondents were served by Certified and First Class

Mail copies Accusation No. 79/16-45, Statement to Respondent, Notice of Defense, and Request

for Discovery at each of Respondents' addresses of record which, pursuant to Business and

Professions Code section 136, is required to be reported and maintained with the Bureau.

Respondents' addresses of record were and are:

KING SMOG TEST ONLY

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960 S. King Road San .lose, Ca 95122 Nguyen Hoang Nguen. Owner

Nguyen Hoang Nguyen 2135 Little Orchard. Sp $4 San Jose, Ca 95125

Binh-An Trinh Nguyen 554 Arleta Ave. San Jose, Ca 95128

'Irung Minh Iruong 3712 Rue Mirassou San Jose, Ca 951 48

8. Service ol' the Accusation was effective as a matter of' law under the proviSionS of

Government Code section 11505, sulxjjvision (c) and/or l3usincss & Professions Code section

124.

Government Code section 11506 states. in pertinent part:

(c) The respondent shall he entitled to a hearing on the merits if the respondent flies a notice of defense, and the notice shall he deemed a specific denial of all parts oithe accusation not expressly admitted. Failure to file a notice of defense shall constitute a waiver of respondents right to a hearing, but the agency in its discretion may nevertheless grant a hearing.

0. Respondents fui led to tile a Notice of [)efense within 15 days after service upon them

of the Accusation, and therefu rewaived iheir rights to a hearing on the merits olAceusation

Order Ne). 79/16-45.

II . Caiilbniia Government Code section 11520 states, in pertinent i.rt:

(a) If the respondent either fails to file a notice of defense or to appear at the hearing, the agency may take action based upon the respondents express admissions or upon other evidence and aflidavits may be used as evidence without any notice to respondent.

I 2. Pursuant to its authority under Govemnnient Code section ii 520, the Director after

having reviewed the proof of service dated January 28, 2016. signed by l3eihsaida Rico, finds

Respondent is in default. 'l'he Director will take action without further hearing and, based on

Accusation No. 79/I 6-45. prool of service and on the A 'lidavit of 13ureau Representative Martin

Sexton, linds that the allegations in the Accusation are true.

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DEFAULt L)LCISION & ORDER Case No. 79116-45

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DETERMINATION OF ISSUES

13. Based on the foregoing findings of fact, Respondent Nguyen Nguyen has subjected

his Automotive Repair Dealer Registration No. ARD 267623, Smog Check Test Only Station

License No. TC 267623, Smog Check Inspector (EO) License No. 146234, and Smog Check

Repair Technician (El) License No. 146234 to discipline.

14. Based on the foregoing findings of fact, Respondent Binh-An Nguyen has subjected

his Smog Check Inspector (EO) License No. 152659 and Smog Check Repair Technician (El)

License No. 152659 to discipline.

15. Based on the foregoing findings of fact, Respondent Truong has subjected his Smog

Check Inspector (EO) License No. 634269 and Smog Check Repair Technician (El) License No.

634269 to discipline.

16. The agency has jurisdiction to adjudicate this case by default.

17. The Director of Consumer Affairs is authorized to revoke Respondent's Automotive

Repair Dealer Registration based upon the following violations alleged in the Accusation which

are supported by the evidence contained in the affidavit of Bureau Representative Martin Sexton

in this case:

18. Respondent Nguyen Nguyen has subjected his registration to discipline under

Business and Professions Code ("Code") section 9884.7, subdivision (a)(l), in that he made

statements which he knew or which by exercise of reasonable care he should have known were

untrue or misleading.

19. Respondent Nguyen Nguyen has subjected his registration to discipline under Code

section 9884.7, subdivision (a)(4), in that he committed acts which constitute fraud.

20. Respondent Nguyen Nguyen has subjected his station license to discipline under

Health and Safety Code section 44072.2, subdivisions (a) and (c), in that he violated Health and

Safety Code section 44012 and California Code of Regulations, Title 16, sections 3340.24(c),

3340.35(c), and 3340.42.

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21. Respondent Nguyen Nguyen subjected his station license to discipline under Health

and Safety Code section 44072.2, subdivision (d), in that he committed acts involving dishonesty,

fraud or deceit, whereby another was injured.

22. Respondent Nguyen Nguyen has subjected his Smog Check Inspector License and

Smog Check Repair Technician Licenses to discipline under Health and Safety Code section

44072.2, subdivisions (a) and (c), in that he violated Health and Safety Code section 44012 and

California Code of Regulations, Title 16, sections 3340.24(c), 3340.35(c), and 3340.42.

23. Respondent Nguyen Nguyen subjected his Smog Check Inspector and Smog Check

Repair Technician Licenses to discipline under Health and Safety Code section 44072.2,

subdivision (d), in that he committed acts involving dishonesty, fraud or deceit, whereby another

was injured.

24. Respondent Binh-An Nguyen has subjected his Smog Check licenses to discipline

under Health and Safety Code section 44072.2, subdivisions (a) and (c), in that he violated Health

and Safety Code Sections 44012, 44032 44059 as well as California Code of Regulations title 16,

sections 3340.24 (c), 3340.30(a), 3340.35(c) and 3340.42.

25. Respondent Binh-An Nguyen subjected his Smog Check Licenses to discipline under

Health and Safety Code section 44072.2, subdivision (d), in that he committed acts involving

dishonesty, fraud or deceit, whereby another was injured.

26. Respondent Truong has subjected his Smog Check licenses to discipline under Health

and Safety Code section 44072.2, subdivisions (a) and (c), in that he violated Health and Safety

Code Sections 44012, 44032 44059 as well as California Code of Regulations title 16, sections

3340.24 (c), 3340.30(a), 3340.35(c) and 3340.42.

27. Respondent Truong subjected his Smog Check Licenses to discipline under Health


fraud or deceit, whereby another was injured.

ORDER

IT IS SO ORDERED that Automotive Repair Dealer Registration No. ARD 267623,

heretofore issued to Respondent Nguyen Hoang Nguyen, is revoked.

6 DEFAULT DECISION & ORDER Case No. 79/16-45

IT is so ORDERED that Smog Check Test Only Station License No. TC 267623,


IT is so ORDERED that Smog Check Inspector (EO) License No. 146234, heretofore

issued to Respondent Nguyen Hoang Nguyen, is revoked.

IT IS 50 ORDERED that Smog Check Repair Technician (El) License No. 146234,


IT IS SO ORDERED that Smog Check inspector (EO) License No. 152659, heretofore

issued to Respondent Binh-An Trinh Nguyen, is revoked.

IT IS SO ORDERED that Smog Check Repair Technician (El) License No. 152659,

heretofore issued to Respondent Binh-An Trinh Nguyen, is revoked.

IT IS 50 ORDERED that Smog Check inspector (EO) License No. 634269, heretofore

issued to Respondent Trung Minh Truong, is revoked.

IT 15 50 ORDERED that Smog Check Repair Technician (El) License No. 634269,

heretofore issued to Respondent Trung Minh Truong, is revoked.

Pursuant to Government Code section 11 520, subdivision (c), Respondents may serve a

written motion requesting that the Decision be vacated and stating the grounds relied on within

seven (7) days after service of the Decision on Respondent. The motion should be sent to the

Bureau of Automotive Repair, ATTN: William D. Thomas, 10949 North Mather Blvd., Rancho

Cordova, CA 95670. The agency in its discretion may vacate the Decision and grant a hearing

on a showing of good cause, as defined in the statute. -

This Decision shall become effective onApri I ?, 20/1 It is so ORDERED - V" ,' -j /

Attachment: Exhibit A: Accusation

RYAN MARCROFT Assistant Chief Counsel Division of Legal Affairs Department of Consumer Affairs

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DEFAULT DECISION & ORDER Case No. 79116-45

Exhibit A Accusation

Ki.\L\ 1). 1 1.\RRIS

Attorney General of Cal i flrnia FRANK H. PA(o[ Supervisine I )eputy /\ttornev General Just IN R. StJRNEk

Deputy Attorney General 4 State Bar No. 226937

455 Golden Gate Avenue. Suite II 000 San Francisco. CA 94102-7004 lelephone: (415) 355-5437 Facsimile: (415) 703-5480

/llloe,icK\ /01 (oinplc, iiiani 7

8 U FF0 RE TEl F

1)EPARTM ENT OF CONSUMER AFFAIRS FOR TilE RU REAU OF AUTOMOTiVE REPAIR

STATE OF CALIFORNIA

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Case No. 79/16-45

A C C U S A T 10 N

in the N'lattcr of the Accusation Agai 1st:

KING SMOG TEST ONLY 960 S. King Road San Jose, CA 95122 NGUYEN UOANG NGUYEN, OWNER

Automotive Repair i)ealcr Registration No. ARD 267623 Smog Check Test Only Station License No. TC 267623

NGUYEN 1-IOANG NGUYEN 2135 Little Orchard, SP 84 San Jose, CA 95125

Smog Check inspector (EO) License No. 146234 Smog Check Repair Technician (El) License No. 146234

BiNH-AN TRINI-1 NGUYEN 554 Arleta Ave. San Jose, CA 95128


TRUNG MINU TRUONG 3712 Rue Mirassou San Jose, CA 95148


Respondents.

NC I-(()i\N( N(il:'(N) i\C'CtJSAII(IJN

ConpIai nant al leces:

Pi\ RI'! [S

Patrick Dorais (Complainant) brings this Accusation solely in his oflicial capacity as

the Chief' of the Bureau of' Automotive Repair. Department of' Consumer Affairs.

Automotive Repair l)ealer Registration

2. On or about January 5. 20 I 2, the Bureau issued Automotive Repair Dealer

Registration Number ARD 267623 ("registratIon") to Nguyen Huang Nguyen ("Respondent

Nguyen Nguyen") doing business as King Smog Test. Only. The registration was in full l'oree and

effect at all times relevant to the charLtes brought herein and will expire on January 31 , 201 6,

unless renewed.

Smog Check Test Only Station License

3. On or about March 16. 2012. the Bureau issued Smog Check Test Only Station

License Number '[C 267623 ("station license") to Respondent Nguyen Nguyen. '1'he station

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

expire on January 3 1. 2016, however was cancelled on ,January 4. 2016.

Smog Check Licenses

4. In or about 2003, the Director issued Advanced [mission Specialist '1'echnician

License Number [A 146234 to Respondent Nguyen Nguyen. Respondent Nguyen Nguyen s

advanced emission specialist technician license was due to expire on June 30. 2013 however was

cancelled on ,June 17. 2013. Pursuant to Cali lbrnia Code of Regulations. title 16. section 3340.28,

subdivision (e), the license was renewed, pursuant to Respondents election, as Smog Cheek

Inspector License [0 146234 and Smog Check Repair 'lechnician License El 146234.

Respondent Nguyen Nguyen's Smog (heck Inspector License and Smog Check Repair

Technician License Will expire on unc 30. 20 1 7. unless renewed.

LflCctive August 1. 2012, Cal i fbrnia Code of Regulations. title 16, section 334028, 3340.29 and 3340.30 were amended to implement a license restructure from the Advanced Emission Specialist 'l'eehnician ( Ei\ ) license and Basic /-\rea (113) i'echnician license to Smog Check Inspector ([C)) license and and/or 5iuog Check Repair 'I cchnician (El) I cease.

I NGUY[N 1-IUANG NGtJYtN) ACCtJSATION

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5. In or about 2006. the I)irector IssLied Advanced Emission Specialist Technician

License Number [A 152659 to Binh-An 'l'rinh Nguyen (Respondent Binh-An Nguyen).

Respondent Ni nh-An Neuvens advanced emission specialist technician license was due to expire

on June 30. 2014. however was cancel led (in June 12, 20 I 4. Pursuant to (,'al i fornia Code of'

Regulations, title 16. section 3340.28. subdivision (c). the license wa renewed, pursuant to

Respondent's election, as Smog Check Inspector License EQ 15259 and Smog Cheek Repair

Technician License El 152659. Respondent l.inh-An Nguyen's Smog Check Inspector License

and Smog Check Repair Technician I ,icensc will expire on June 30, 2016. unless renewed.

6. On or about May 16, 2012, the Director issued Advanced Emission Specialist

'l'echnician License Number EA 634269 to Trung Minh 'l'ruong (Respondent Truong).

Respondent 'I ruongs advanced eni ssion specialist technician license was due to expire on

December 31 . 2013. however was cancel led on December 19. 2013. Pursuant to Calilbrnia Code

of' Regulations. title 16. section 3340.28. subdivision (e). the license was renewed, pursuant to

Respondents election, as Smog Check Inspector License EQ 634269 and Smog Check Repair

Technician License El 634269. Respondent Truong's Smog Check Inspector License and Smog

Check Repair Technician License expired on December 31, 2015.

7. Respondents Nguyen Nguyen. Bihn-An Nguyen. and Iroung shall be collectively

referred to as "Respondents.'

JU RJSI)ICTION

8. '[his Accusation is brought helbre the Director of the Department of Consumer

A flairs (Di rector) lbr the l3ureau of' Automotive Repair. under the authority of' the following laws.

STATIJTORY ANt) RE(;tJLATORY PROVISIONS

9. Section 9884.7 of' the Nusiness and Professions ('ode ("Code") states. in pertinent

lrt:

(a) The di rector. where the automotive repair dealer cannot show there was a bona Ode

error. may deny, suspend. revoke, or place on probation 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 clone liv the automotive repair dealer or any automotive

I UYNN IANi NGtIYNN) ,(('t]sA'rn,N

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

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

oral which is untrue or misleadi n. and which is known, or which by the exercise of reasonable

care should be known. to be untrue or niisleadine.

(4) Any other condLict that constitutes fraud.

(6) Fail lure in any materia] respect to comply with the provisiotis of this chapter or

regulations adopted pursrlallt to it.

(e) Notwithstanding subdivision (l), the director may suspend. revoke, or place on

probation the registration !br all places of' business operated in this state by an automotive repair

dealer upon a finding that the automotive repair dealer has. or is, engaged in a course of' repeated

and vi II l'ul violations of' this chapter, or regulations adopted pursuant to it.

10. Code section 9884.13 provides, in pertinent part, that the expiration of a valid

registration shall not deprive the director or chief oij urisdiction to proceed with a disciplinary

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

temporarily or pernianentl y.

11 Section 44002 of the 1-lealth and Safety Code provides, in pertinent part, that the

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

the Motor Vehicle inspection Program.

12. Section 44012 of the Health and Sahtv Code requires that tests at smog check

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

I]. Section 44059 of the Health and Safutv (_'ode states, in pert lent part:

"The willful making of any ftilsc statement or entry with regard to a material matter in any

oath. affidavit, certificate of compliance or nonconipl lance. or app] cation form which is required

by this chapter or Chapter 20.3 (commencing with Section 9880) of l)ivision 3 of' the Business

and Professions Code. constitutes perjury and is punshaihlc as provided in the Penal Code."

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( N(itIYIN lt(),\N(i N(;t!Y[N) ACC'tJSA'['I(')N

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14. Section 44072.2 of' the I iealth and Sahtv Code states, in pertinent part:

1'he director nay suspend. revoke, or take other disciplinary action against a license as

provided in this article I the licensee, or any partner. o f'flcer. or director thereof', does any of the

following:

(a) Violates any section of this chapter 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 involvme dishonesty, lI'aud, or deceit whereby another is inj ured.

h) Violates or attempts to violate the provisions of' this chapter relating to the particular

activity for which he or she is I icensecl.

15. Section 44072.6 of' the 1-lealth and Safety Code provides, in perti 'tent part, that the

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

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

the Director of jurischction to proceed with disciplinary action.

I 6. Section 44072.8 o the Health and Safety Code states:

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

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

or suspended by the director.

I 7. California Code of Regulations. title 16, section 3340.30, states, in pertinent part:

A licensed smog check Inspector and/or repair technician shall comply with the following

requirements at all times while licensed:

(a) Inspect, test and repair vehicles, as applicable, in accordance with section 44012 of the

I-lealth and Safety Code. section 44035 of the 1-lenith and Saf'etv Code. and section 3340.42 of this

article.

10. California Code of Regulations. title I 6. section 3340.35(c), states, in pertinent Part:

NOI'NN i!(iAN(i NCiHS'NN) A('ctjsAI'trN

''(c ) -\ licensed station shall issue a certificate of conipl iance or noncompi lance to the

OWOCF 01 Operator of any vehicle that has been inspected in accordance with the procedures

spec! lied in section 3340.42 of this article and has al the required emiSSion control equipment

and devices installed and functioning eorreCtl\.

I 9. California Code of Regulations. title 1 6. section 3340.41 (c), states:

"No persii shall enter into the emissions inspection system any vehicle identification

in formation or emission control system identi Peat ion data for any vehicle other than the one being

tested. Nor shall any person knowingly enter into the emiSsiOnS inspection system an [ilse

in formation about the vehicle being tested.''

20. Califiarnia Code of' Regulations, title 1 6, section 3340.42, states, in pert 'ent part that

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

section 3340.45."

Co STS

2 1 . Section 125.3 of the Code provides. in pertinent part. that the Board may request the

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

the licensing act to pay a sum not to exceed the reasonable ccsts of' the investigation and

enforcement of' the case. with foilure of' the licentiate to comply subjecting the license to not being

renewed or reinstated. If a case settles. recovery of investigation and enl'orcement costs may be

included in a stipulated settlement.

FACTUAL SUMMARY

-y) On March 9. 2015. the Bureau implemented a statewide regulatory change requiring

the use of the On Board Diagnostic Inspection System (BA R-OlS ) instead of the [mission

Inspection System (LI 5) for test iilg of 2000 model ear and iiwer gas powered vehicles 14,000

Gross Vehicle Weight Rating and under.

23. The new BAR-C IS smog inspection uses a i)atu /\cquisition Device (DAD), a

computer. a bar code scanner, and printer. I he I )AD is an scan tool that retrieves On Board

Diagnostic-generation II (0F3D II) data from the vehicle's 0131)11 computer. The DAt) connects

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NOt Yl'N I ( )AN( N( YCN) ACCUSATION

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the BAR 015 computer to the vehicle's diagnostic I nk connector (1)LC). ftc bar code scanner is

used to input technician in formation, the vehicle denti fication number (V iN). and DM V renewal

information. 1'hc printer is used to llri nt Vehicle Inspection Reports.

24. Ihe VIN that is physical lv pi-eselit on all vehicles is also rcriuired to be progranimed

into the vehicles 013 I) II computer oii 2005 and newer vehicles, and on man occasions was

programmed ink) the 0131) 11 computer in earl icr model-years. This electronically programmed

VIN is re6irreci to as the "eVIN' and is captured during a Smog Check. The eV IN must match the

physical V IN on the vehicle.

25. The OBL) 11 conhmiiunicatioii protocol describes tile slleci lied collllllullieati011

language' used by the OBD Ii computer to communicate with the scan tools and other devices

such as the BAR-OIS. l'he conlnlunication protocol is programmed into the OBI) II computer

during manufacture of the vehicle and does Ilot change.

26. Parameter identifications (PIDs) are data poi its reported b a veli id 's OB 1) II

system. Each make and model of vehicle reports a specific number of PIDs when it is being

tested by the BAR-OIS. File PIDs Count is the number of data points reported by tile OBD II

system. Ihe PIDs and PIDs Count are programmed during tile manufacture oia vehicle and does

not change.

27. Data retrieved and recorded during a BAR-ON smog inspectioll include tile eVIN, the

conlmnunication protocol, and the PIDs Count. This mlornlation is transnlitteCl to tile vehicle

inlormation data base during a smog inspection.

28. On or about July 7. 2015. the Bureau initiated an investigation of Respondent Nguyen

Nguyen's shop. King Smog Test Only. Beginning on or about April 30. 201 5. and continuing

until about August 30, 2015. Respondents were iouiid to have perlOriiledl 14 fraudulent smog

i aspect ions using clean-pl uggi ig methods. ('lenin-Ill Liggi ig is the practice of' testing one OBD II

systenl (a system that would piss the smog ifispeet ion). for tile purpose of fraudulently issui ig a

smog certificate of compliance to another vehicle that would not pa55 tile 5IllO InSpeetioll and/or

Respondent Binh-An Nguycmi and Respuiident 1 ruong perloniiied tile snlog tests on behalf of Respondent Nguyen Nguyen

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1 J YNN -1A Ni N(i I JYFN ACCOSATION

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29. A l3ureau representative reviewed data tot vehicles inspected by Respondent l3inh-An

4 Nguyen and Respondent Iruong and cert fled by Respondent Nguyen Nguyen. The data revealed

fiat the 14 vehicles that were purportedly tested bY Respondents were not atid could tint have

been connected to the DAD when they were being certified because the (JBD-11 data purportedly

transni itted by those vehicles could not have been transmitted by those vehicles.

30. The PIDs Counts for the 14 vehicles purportedly being tested did not match the

expected PIDs counts ft)r those vehicles. 'Ihe eVINs were not present on any of the 14 vehicles

and the communication protocols where not what they should have been.

31 Respondent Binh-An Nguyen cleaned plugged len (1(i) vchicles resulting in the

issuance of 10 fraudulent Smog Check Certificates of Compliance. Respondent lruong cleaned

plugged fliur (4) vehicles, resulting in the issuance of 4 li'auclulent Smog Check Certificates of'

Compliance. The Vehicles were clean plugged as ftllows:

is 1101 present for testing. The vehicle receiving the certificate of compliance is not actually tested

by the DAD during the smog inspection.

Clean Plug Cert. # YR262956

eVIN Protocol PID Count

Passing Inspection 4/30/2015

Not present JPWM 1850 20

Expected Values JM3LW28A450544066 ICANI 1ht500 13/38 Clean Plug

2 Cert. #

YR262962 eVIN Protocol MD Count

Failed Inspection 4/20/15

2C3LA53Ci96H458225 ICAN I I b1500 43

Passing Inspection

5/I/IS

Not present JVP\V 850 17

Clean Plug 3

Cert. II

YR492227 eVI N Protocol P1 D Count

Passing In specti on

5/16/15

Nut presctt 19140808 19

Expected Value STB.JI.532 I 965464354 ICAN I I bt500 46 Clean Plug

4 Ceri. 4

YR492248 eVIN Protocol MD Count

Passing In spec tiot i

Not present .JVPW 1 850 20

27

Expected valLie is the value recorded fdr "like vehicles" inspected.

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( N(HJYIN Ic)AN(; N0UYLNj ACCUSATION

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5/1 9/ 1 5 Expected Value l(10EC19027E53$914 ICANI lbt5O() 7/44

Clean Pt ug 5

Cert. # YR6 13976

eV IN Protocol P10 Count

Passine Inspection

5/22/IS

Not present 19 I 40808 16

Expected Value Kl.5J0567X5K 122796 KWPF8FLF 21 or 1/21 C learn P1 uc

6 Cert. /

YR613980 eV IN Protocol P1 D Count

Passing Not present Inspection

5/23/15

.J V P W 1 850 1 7

Expected \/aluc 204FV47T561-1368880 ICAN I I bt500 8/43 eVIN Protocol PIll) Count Clean Plug

7 Cert. #

YR724415 Passing

Inspection 5/30/15

Not present 19140808 16

39 .lM I BK I 2(i56 1523617 CAN I I bt500 Ipected Value PlO Count eVIN Protocol Clean l>lug

8 Cert. /i YR

724443 Not present 19 I 40808 23 Passing

InSpection 6/4/15

Expected Value WVWAD63BOSPO3O123 KWPS8FE9 18 or 1/18 Clean Plug

9 Ceo..

YR906957 eV IN Protocol PLO Count

Passing Inspection

6/5/15

Not Present .Il'WM 1850 20

Expected Value lZVHT80N265l59l63 ICANI lhtsOO 47 Clean Plug

1 0 Ceo.. #

YR906980 eVIN Protocol PID Count

Not Present .JPWM 1 850 20 Passing Inspection

6/9/15 Expected Value I FTYR 101)1 7PA232 II ICAN 1 I bt500 35

eV IN Protocol 1'I D Count Clean Plug 11

Cert. # PU883451

Passing Inspection

8/14/15

Not Present 1 91 40808 16

KMII[U46CXOAO$1851 KWPF 1/17 Expected Value I'll) Count e\'I N Protocol Clean Plug

12 Ceo..

PU88347l Ill PX I 45X5 NAO I 849 CA N I I bt500 44 Inspection

3/20/15 Not l'reseni J V P W 1850 20 Passing

Inspection 8/1 9/ 1 5

F\pcCtLd Valuc ill PX I 4\NA0 1849 LC AN I 1ht00 eV IN Protocol

44 PID Count Clean Plug

13 Cert. //

YV014093 Not Present .1 \"P\V 1 850 20 Passing

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N(E•J\'IN t-i( )ANG NOt JYIN ) AC'CtJSAI]ON

Inspection 8/29/IS

1:.xpected Value ll'l'VXl2565NF933l4 lCi\N I I bt500 1 44 Clean PIu

14 Cert. ft

Y\/0 14100 eVI N Protocol P1 D Count

Passing Inspection

8/30/15

Not Present 19140808 21

Expected Value L 4JGBB86E07A152414 ICANI 1bt500 44

FIRST CAUSE FOR IJISCiPLINE

(Misleading Statements - Registration)

Respondent Nguyen Nguyen has subjected his registration to discipline under Code

section 9884.7. subdivision (a)( I ). iii that he made statements which he knew or which by

exercise ol reasonable care he should have known were untrue or misleadinu, as set forth ahove in

paragraphs 22-3! Respondents Bihn-An Nguveii and l'ruong fraudulently purported to test the

14 vehicles, and certiPed that the 14 vehicles passed inspection and were in compliance with

applicable laws and regulations. In lict. Respondents conducted the inspections on those vehicles

using clean-plugging methods,

SECONI) CAUSE FOR DISCJPLINE

(Fraud - Registration)

33. Respondent Nguyen Nguyen has subjected his registration to discipline under Code

section 9884.7. subdivision (a). in that he committed acts which constitute fraud, as set forth

above in paragraphs 22-31

Ti-IIRI) CAUSE FOR I)ISCIPLINE

(Violation of the Motor Vehicle Inspection Program — Station License)

34. Respondent Nguyen Nguyen has subjected his station license to discipline under

1-icalth and Salèty Code section 44072.2. subdivisions (a) and (c), in that he violated sections of

that (ode and applicable regulations. as set forth above in paragraphs 22-31. as H lows:

a. Section 44012: Respondent Nguyen Nguyen Etiled to ensure that the emission

confrol tests were perlormed on those vehicles in accordance with procedrires prescribed by the

departnient.

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N(itj'y!:IN IOANdi N(1JYNN) ACCUSATION

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b. Section 3340.24, subdivision (c): Respondent Nguyen Nguyen falsely or

fraudulent! issued electronic certificates o compi lance br those vehicles without performing

bonn bide inspections of the enlisSion control devices and systems on the vehicles as required by

1-lealth and Salètv Code section 4401 2.

c. Section 3340.35, sUbdiviSion (c): Respondent Nguyen Nguyen issued electronic

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

section 3340.42.

d. Section 3340.42: Respondent Nguyen Nguyen tailed to conduct the required smog

tests and inspections on those vehicles in accordance with the Bureau's specilications.

FOUR'FH CAUSE FOR I)ISCIPLiNE

(Dishonest', haud or l)eccit — Station License)

35. Respondent Nguyen Nguyen subjected his station license to discipline under i-lealth

and Sabty Code section 44072.2. subdivision (d). in that he committed acts involving dishonesty.

fraud or deceit. whereby another was injured by issuing electronic certificates of compliance for

vehicles without performing bona tide inspections of the emission control devices and systems on

the vehicles, thereby depriving the People o I, the State of California ol the protection afforded by

the Motor Vehicle inspection Program. as set Forth above in paragraph 22-3 1

FIFTH CAUSE FOR DISCIPLINE

(Violation of the Motor Vehicle Inspection Program — Smog Check Licenses)

36. Respondent Nguyen Nguyen has subjected his Smog Check inspector License and

Smog Check Repair Technician Licenses to discipl inc under l-lealth and Safety Code section

44072.2. subdivisions (a) and (c). in that he violated sections of that Code and applicable

regulations. as set forth above in paragraphs 22-31, as Follows:

a. Section 4401 2: Respondent Nguyen Nguyen Lu led to ensure thai. the emission

control tests were erbormed on those vehicles in accordance with procedures prescribed by the

department.

b. Section 3340.24, subdivision (c): Respondent Nguyen Nguyen fttlseiy or

Fraudulently issued electronic certificates of compliance for those vehicles without performing

NGI_IY EN I-I(iA NG NGtJYIN ) i\CCtJSATiON

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hona fide inspections of the emission control devices and systems on the vehicles as required by

1 Iealth and Safety Code section 4401 2.

c. Section 3340.35, subdivision (c): Respondent Nguyen Nguyen issued electronic

cciii lcates of compliance even though those vehicles had not been nspected in accordance with

section 3340.42.

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

tests and inspections on those vehicles in accordance with the Bureau's specihcations.

SIXTH CAUSE FOR i)ISCIPLINE

(Dishonesty, Fraud or 1)eceit — Station License)

37. Respondent Nguyen Nguyen subjected his Smog Check Inspector and Smog Check

Repair Technician Licenses to discipline under I lealth and Safety Code section 44072.2,

subdivision (d ). in that he committed acts involving dishonesty. fraud or deceit, whereby another

was injured by issuing electronic certi6cates of compliance fbi vehicles without performing bona

flde inspections of the emission control devices and S stems on the vehicles, thereby depriving the

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

Program, as set forth above in paragraph 22-31

SEVENTH CAUSE FOR l)ISCIPLINE

(Violations of the Motor Vehicle Inspection Program — Smog Check Licenses)

38. Respondent Bihn-An Nguyen has subjected his Smog Check licenses to discipline

under f-Iealth and Safety Code section 44072.2. suhdi\.'isions (a) and Ic). in that he violated

sections of that Code and applicable regulations, as set forth above in paragraphs 22-31 , as

follows:

a. Section 44012: Respondent ft hn-An Nguyen tiuled to ensure that the emission

control tests were perFormed on those vehicles in accordance with procedures prescrihed by the

department.

b. Section 44032: Respondent B ihn-i\ n Nguyen fbi led to ensure that the emission

control tests were performed on those vehicles in accordance with procerlrti'es prescribed by the

department.

N(;tJ\EN l( )AN( N(itiYliN I ACCUSAtION

c. Section 44059: Respondent Fihn-An Nguyen wi llfullv made false entries f'or the

electronic certificates of compliance by certi f'vine that those vehicles had been inspected as

req u i red when, in Lie I. the had not.

d. Section 3340.24, subdivision (c): Respondent ki in-An Nguyen falsely 01'

l'raudulently issued electronic certificates of compliance for those vehicles without performing

bonn lide inspections of the emission control devices and systems on the vehicles as required by

Health and Sa!'ety Code section 44012.

c. Section 3340.30, subdivision (a): Respondent Bihn-An Nguyen failed to inspect and

lest those vehicles in accordance with llealth and SaLty Code section 44012.

I'. Section 3340.35, subdivision (C): Respondent l3hn-An Nguyen issued electronic

certificates of' compliance even though those vehicles had not been inspected in accordance with

section 3340.42.

Section 3340.42: Respondent Iilin-An Nguyen failed to conduct the required smog

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

EIGHTH CAUSE FOR l)ISCIPL1NE

(Dishonesty, Fraud or I)eceit — Smog Check Licenses)

39. Respondent Bihn-An Nguyen subjected his Smog Check Licenses to discipline under

Health and Safety Code section 44072.2. subdivision (d). in that lie committed acts involving

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

compliance far vehicles without pertorniing hona tide inspections of the emission control devices

and systems on the vehicles. thereby depriving the People ol' the State of Cali farnia of the

protection affbrded by the Motor Vehicle Inspection Program, as set farth above in paragraphs 22-

3!.

NINTH CAUSE FOR DISCIPLINE

(Violations of the Motor Vehicle Inspection Prograni — Smog Check Licenses)

40. Respondent Iruong has subjected his Sniog Check I icenscs to discipline under Hcalth

and Safety (ode section 44072.2. subdivisions (a) and (c). in that lie violated sections of' that

Code and applicable regulations. as set forth above in paragraphs 22-31. as Icllows

N(LiYkN lt(.AN(i N(UYEN> ACCtJ5ATfON

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a Section 44012: Respondent Iruong failed to ensure that the emiSsion control tests

were perft)rmed on those vehicles in accordance with procedures prescribed by the department.

b. Section 44032: Respondent Iruong issued electronic certificates of compliance for

those vehicles without ensuring that the vehicles were properly tested and inspected to determine

if they were in compliance with I lealth and Safdty Code section 4401 2.

c. Section 44059: Responclent Truong willfully made fuilse entries tr the electronic

certifleates of compliance by certiIving that those vehicles had been inspected as required when.

in thct. they had not.

d. Section 3340.24, subdivision (c): Respondent Truong tuilsely or fraudulently issued

electronic certif1cates of compliance fbr those vehicles without pertormiiig bona fide inspections

of the emission control devices and systems on the vehicles as required by 1 lealth and Safety

Code Section 44012.

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

vehicles in accordance with Health and Safety Code section 44012.

Section 3340.35, subdivision (c): Respondent Truong issued electronic certificates

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

3 340.42.

g. Section 3340.42: Respondent Iruong fuiiled to conduct the required smog tests and

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

TENTH CAUSE FOR DISCIPLiNE

(1)ishonesty, Fraud or Deceit — Smog Check Licenses)

41. Respondent Truong subjected his Smog Check Licenses to discipline under 1-lealth


fraud or deceit. whereh another was nj wed by issuing electronic certiFicates of compliance for

vehicles without performing bona Ode inspections of the emisSion control devices and systems on

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

the Motor Vehicle Inspection Program. as set forth above in paragraphs 22-31

N(itJYtN }!OAN(i N(ilIYEN) ACCt.JSATtON

OTHER MATTERS

42. Pursuant to Code section 98847. subdivision (c). the Director may suspend. revoke.

or place on probation the registration ibr all places of business operated in this state by'

Respondent Nguyen Nguyen. upon a Onding that Respondent Nguyen Nguyen has. or is, engaged

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

automotive repair dealer.

43 Pursuant to l-lealth & Safety Code section 44072.8. I Respondent Nguyen Nguyen's

Station License is revoked or suspended, any additional license issued under this chapter in the

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

44. Pursi.iant to Health & Safety Code section 44072.8, if Respondent Binh-An Nguyen's

Smog Check Inspector License or Smog Check Repair Technician License is revoked or

suspended, any additional license issued under this chapter in the name of said licer)see may be

likewise revoked or suspended by the director.

45. Pursuant to Health & Safety Code section 44072.8, if Respondent Truong's Smog

Check Inspector License or Smog Check Repair Technician License is revoked or suspended, any

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

or suspended by the director.

PRAYFR

WI-IFREFORE. Complainant requests that a hearing be held on the matters herein alleged,

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

Revoking or suspending Automotive Repair Dealer Registration Number ARD

267623. issued to Nguyen l-loailg Nguyen. doing business as King Smog 'lest Only;

2. Revoking or suspending Smog Check lest Only Station License Number TC

267623. issued to Nguyen Hoang Nguyen. doing business as King Smog Test Only;

3. Revoking or suspending Smog Check Inspector License ED 146234 and Smog

Cheek Repair l'echnician I .ieense El I 4ô34. issued to Nguyen I bang Nguyen:

IS

( N(iHYi'N 1ft)At\t(i N(itJYFN) AC(.IISATI(')N

Revoking or suspending any additional Automotive Repair Dealer registration, Smog Check

Station, Smog Check Inspector, or Smog Check Repair Technician, issued to Nguyen Hoang

Nguyen;

4. Revoking or suspending Smog Check Inspector License EO 152659 and Smog

Check Repair Technician License El 152659, issued to Birth-An Trinh Nguyen;

Revoking or suspending any additional Smog Check Station, Smog Check Inspector, or

Smog Check Repair Technician issued to Binh-An Trinh Nguyen;

5. Revoking or suspending Smog Check Inspector License EO 634269 and Smog

Check Repair Technician License El 634269, issued to Trung Minh Truong;

6. Revoking or suspending any additional Smog Check Station, Smog Check

Inspector, or Smog Check Repair Technician issued to Trung Minh Truong;

7. Ordering Nguyen Hoang Nguyen to pay the Bureau of Automotive Repair the

reasonable costs of the investigation and enforcement of this case, pursuant to Business and

Professions Code section 125.3;

8. Ordering Birth-An Trinh Nguyen to pay the Bureau of Automotive Repair the



9. Ordering Trung Minh Truong to pay the Bureau of Automotive Repair the



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

DATED: PATRICK ORAlS Chief Bureau of Automotive Repair Department of Consumer Affairs State of California Complainant

16

(NGUYEN HOANG NGUYEN) ACCUSATION

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before the - california bureau of automotive...

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