case no. 935-a · 2020. 4. 3. · 3. on or about march 29, 1996, the board issued traffic engineer...

Original Signed

XAVIER BECERRA Attorney General of California LINDA L. SUNN

Supervising Deputy Attorney General w KEVIN J. RIGLEY

Deputy Attorney General 4 State Bar No. 131800

300 So. Spring Street, Suite 1702 5 Los Angeles, CA 90013

Telephone: (213) 620-2558 Facsimile: (213) 897-2804a

Attorneys for Complainant

8 BEFORE THE BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND

9 GEOLOGISTS DEPARTMENT OF CONSUMER AFFAIRS

10 STATE OF CALIFORNIA

11

In the Matter of the Petition to Revoke 12 Probation Against:

13 GABRIEL ANTHONY MURILLO 2153 Palermo Court

14 Orange, California 92867

15

16 Traffic Engineer License No. TR 1843

17 Respondent.

18

Case No. 935-A

OAH No. 2016111032

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

19 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

20 entitled proceedings that the following matters are true:

21 PARTIES

22 1. Richard B. Moore, PLS (Complainant) is the Executive Officer of the Board for

23 Professional Engineers, Land Surveyors, and Geologists (Board). He brought this action solely in

24 his official capacity and is represented in this matter by Xavier Becerra, Attorney General of the

25 State of California, by Kevin J. Rigley, Deputy Attorney General.

26 2. Respondent Gabriel Anthony Murillo (Respondent) is represented in this proceeding

27 by attorney Iustina Mignea, whose address is: 2550 Ninth Street, Suite 101, Berkeley, CA 94710.

28 1/1

STIPULATED SETTLEMENT (935-A)

3. On or about March 29, 1996, the Board issued Traffic Engineer License No. TR 1843

N to Gabriel Anthony Murillo (Respondent). The Traffic Engineer License will expire on June 30,

W 2018, unless renewed.

A JURISDICTION

un 4. Petition to Revoke Probation No. 935-A was filed before the Board, and is currently

pending against Respondent. The Petition to Revoke Probation and all other statutorily required

J documents were properly served on Respondent on February 19, 2016. Respondent timely filed

his Notice of Defense contesting the Petition to Revoke Probation.

5. A copy of Petition to Revoke Probation No. 935-A is attached as exhibit A and

10 incorporated herein by reference.

11 ADVISEMENT AND WAIVERS

12 6. Respondent has carefully read, fully discussed with counsel, and understands the

13 charges and allegations in Petition to Revoke Probation No. 935-A. Respondent has also

14 carefully read, fully discussed with counsel, and understands the effects of this Stipulated

15 Settlement and Disciplinary Order.

16 7. Respondent is fully aware of his legal rights in this matter, including the right to a

17 hearing on the charges and allegations in the Petition to Revoke Probation; the right to confront

18 and cross-examine the witnesses against him; the right to present evidence and to testify on his

19 own behalf; the right to the issuance of subpoenas to compel the attendance of witnesses and the

20 production of documents; the right to reconsideration and court review of an adverse decision;

21 and all other rights accorded by the California Administrative Procedure Act and other applicable

22 laws.

23 8 . Respondent voluntarily, knowingly, and intelligently waives and gives up each and

24 every right set forth above.

25 CULPABILITY

26 9. Respondent admits the truth of each and every charge and allegation in Petition to

27 Revoke Probation No. 935-A.

28

2


10. Respondent agrees that his Traffic Engineer License is subject to discipline and he

N agrees to be bound by the Board's probationary terms as set forth in the Disciplinary Order below.

CONTINGENCY w

A 11. This stipulation shall be subject to approval by the Board for Professional Engineers,

Land Surveyors, and Geologists. Respondent understands and agrees that counsel forun

Complainant and the staff of the Board for Professional Engineers, Land Surveyors, and

Geologists may communicate directly with the Board regarding this stipulation and settlement,

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

Respondent understands and agrees that he may not withdraw his agreement or seek to rescind the

10 stipulation prior to the time the Board considers and acts upon it. If the Board fails to adopt this

11 stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary Order shall be of

12 no force or effect, except for this paragraph, it shall be inadmissible in any legal action between

13 the parties, and the Board shall not be disqualified from further action by having considered this

14 matter.

15 12. The parties understand and agree that Portable Document Format (PDF) and facsimile

16 copies of this Stipulated Settlement and Disciplinary Order, including PDF and facsimile

17 signatures thereto, shall have the same force and effect as the originals.

18 13. This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

19 integrated writing representing the complete, final, and exclusive embodiment of their agreement.

20 It supersedes any and all prior or contemporaneous agreements, understandings, discussions,

21 negotiations, and commitments (written or oral). This Stipulated Settlement and Disciplinary

22 Order may not be altered, amended, modified, supplemented, or otherwise changed except by a

23 writing executed by an authorized representative of each of the parties.

24 14. In consideration of the foregoing admissions and stipulations, the parties agree that

25 the Board may, without further notice or formal proceeding, issue and enter the following

26 Disciplinary Order:

27

28

3


DISCIPLINARY ORDER

N IT IS HEREBY ORDERED that Traffic Engineer License No. TR 1843 issued to

w Respondent Gabriel Anthony Murillo is revoked. However, the revocation is stayed, and

A Respondent's current probation is hereby extended for two (2) years from the effective date of

this decision, on the following terms and conditions:

6 1 . . Obey All Laws. The Respondent shall obey all laws and regulations related to the

7 practices of professional engineering and professional land surveying.

2. Submit Reports. The Respondent shall submit such special reports as the Board may

require.

10 3. Tolling of Probation. The period of probation shall be tolled during the time the

11 Respondent is practicing exclusively outside the state of California. If, during the period of

12 probation, the Respondent practices exclusively outside the state of California, the Respondent

13 shall immediately notify the Board in writing.

14 4. Violation of Probation. If the Respondent violates the probationary conditions in

15 any respect, the Board, after giving the Respondent notice and the opportunity to be heard, may

16 vacate the stay and reinstate the disciplinary order which was stayed. If, during the period of

17 probation, an accusation or petition to vacate stay is filed against the Respondent, or if the matter

18 has been submitted to the Office of the Attorney General for the filing of such, the Board shall

19 have continuing jurisdiction until all matters are final, and the period of probation shall be

20 extended until all matters are final.

21 5. Completion of Probation. Upon successful completion of all of the probationary

22 conditions and the expiration of the period of probation, the Respondent's license shall be

23 unconditionally restored.

24 6. Cost Recovery. Within 18 months from the effective date of the decision,

25 Respondent shall reimburse for its investigation and enforcement costs in the amount of

26 $2075.00. Said reimbursement may be paid in installments.

27 7. Ethics Course. Within 18 months from the effective date of the decision,

28 Respondent shall successfully complete and pass a course in professional ethics, approved in

4


Original Signed

Original Signed

Original Signed

KAMALA D. HARRIS Attorney General of California LINDA K. SCHNEIDER Senior Assistant Attorney General

w ARMANDO ZAMBRANO Supervising Deputy Attorney General State Bar No. 225325

300 So. Spring Street, Suite 1702 un Los Angeles, CA 90013

Telephone: (213) 897-2542 Facsimile: (213) 897-2804

Attorneys for Complainant

8 BEFORE THE BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND

GEOLOGISTS DEPARTMENT OF CONSUMER AFFAIRS

10 STATE OF CALIFORNIA

11

12 In the Matter of the Petition to Revoke Probation Against,

13

GABRIEL ANTHONY MURILLO 14 2153 Palermo Court

Orange, CA 92867 15

16335 Santa Bianca Drive 16 Hacienda Heights, CA 91745

Traffic Engineer License No. TR 1843 17

Case No. 935-A

PETITION TO REVOKE PROBATION

18 Respondent.

19 Complainant alleges:

20 PARTIES

21 1 . Richard B. Moore, PLS ("Complainant") brings this Petition to Revoke Probation

22 solely in his official capacity as the Executive Officer of the Board for Professional Engineers,

23 Land Surveyors, and Geologists, Department of Consumer Affairs ("Board").

24 2. On or about March 29, 1996, the Board for Professional Engineers, Land Surveyors,

25 and Geologists issued Traffic Engineer License No. TR 1843 to Gabriel Anthony Murillo

26 ("Respondent"). The Traffic Engineer License expired on June 30, 2012, and has not been

27 renewed.

28 111

PETITION TO REVOKE PROBATION (CASE NO. 935-A)

PRIOR DISCIPLINE

3. In a disciplinary action entitled "In the Matter of Accusation Against Gabriel Anthony

w Murillo," Case No. 935-A, the Board issued a Decision effective October 14, 2011, in which

Respondent's Traffic Engineer License was revoked. However, the revocation was stayed and

un Respondent's Traffic Engineer License was placed on probation for a period of five (5) years with

certain terms and conditions. A copy of that Decision is attached as Exhibit A and is incorporated

by reference.

8 JURISDICTION

4. This Petition to Revoke Probation is brought before the Board under Probation Term

10 and Condition Number 5 of the Decision:

11 Violation of Probation. If Respondent violates the probationary conditions in any respect, the Board, after giving Respondent notice and

12 the opportunity to be heard, may vacate the stay and reinstate the disciplinary order which was stayed. If, during the period of probation,

13 an accusation or petition to vacate stay is filed against Respondent, or if the matter has been submitted to the Office of the Attorney General for

14 the filing of such, the Board shall have continuing jurisdiction until all matters are final, and the period of probation shall be extended until all

15 matters are final.

16 5. Respondent's probation is subject to revocation because he committed violation of

17 probation, as more fully set forth below.

18 FIRST CAUSE TO REVOKE PROBATION

19 (Failure to Obey All Laws)

20 6. At all times after the October 14, 2011 effective date of the Decision, Condition I

21 stated:

22 Obey All Laws. Respondent shall obey all federal, state and local

laws and regulations related to the practice of professional engineering.23

24 7. Respondent's probation is subject to revocation because he failed to comply with

25 Probation Condition 1, referenced above, when he failed to comply with probation terms and

26 conditions as more fully set forth below.

27

28

2


SECOND CAUSE TO REVOKE PROBATION

(Failure to Submit Quarterly Reports)

w 8. At all times after the October 14, 2011 effective date of the Decision, Condition 2

stated:

un Quarterly Reports. Within thirty (30) days of the effective date of the decision, and then continuing on a quarterly basis for the remainder of

6 the probationary period, Respondent must submit reports to the Board regarding his progress in settling the money he owes as part of his criminal probation and verifiable proof that he is in compliance with his criminal probation.

9. Respondent's probation is subject to revocation because he failed to comply with

10 Probation Condition 2, referenced above. The facts and circumstances regarding this violation

11 are as follows:

12 a. On or about March 16, 2012, the Board sent a letter to Respondent requesting to

13 submit quarterly reports to the Board regarding his progress in settling the money he owes as part

14 of his criminal probation and verifiable proof that he is in compliance with his criminal probation.

15 Respondent failed to submit the first and second quarterly reports that were due by November 3,

16 2011 and February 3, 2012, respectively. Respondent was given until May 3, 2012 to submit the

17 missing reports, but he failed to do so.

18 b. On or about June 15, 2012, the Board sent a letter to Respondent requesting to submit

19 quarterly reports to the Board regarding restitution as part of his criminal probation and verifiable

20 proof that he is in compliance with his criminal probation. Respondent failed to submit the first,

21 second and third quarterly reports that were due by November 3, 2011, February 3, 2012, and

22 May 3, 2012, respectively.

23 THIRD CAUSE TO REVOKE PROBATION

24 (Failure to Reimburse the Board)

25 10. At all times after the October 14, 2011 effective date of the Decision, Condition 6

26 stated:

Cost Recovery. Within three (3) years of the effective date of the27 decision, Respondent shall reimburse the Board for its investigative and

28 enforcement costs in this matter in the amount of $2,335.00. Said reimbursement may be paid in installments.

3


https://2,335.00


N Probation Condition 6, referenced above. The facts and circumstances regarding this violation

are that Respondent has failed to reimburse the Board in the amount of $2,335.00.

4 FOURTH CAUSE TO REVOKE PROBATION

(Failure to Complete and Pass Examination)


7 stated:

8 Examination. Within sixty (60) days of the effective date of the decision, Respondent shall successfully complete and pass the California

9 Laws and Board Rules examination, as administered by the Board.



12 are as follows:

13 a. On or about March 16, 2012, the Board sent a letter to Respondent reminding him

14 that he failed to complete and pass the California Laws and Board Rules examination by

15 December 13, 2011, which is also available on the internet. The Board requested Respondent to

16 successfully complete and pass the examination by May 3, 2012.

17 C. On or about June 15, 2012, the Board sent a letter to Respondent requesting him to

18 complete and pass the California Laws and Board Rules examination, which were due by

19 December 13, 2011 and then the due date was extended to May 3, 2012. However, Respondent

20 failed to complete and pass the examination.

21 FIFTH CAUSE TO REVOKE PROBATION

22 (Failure to Complete Ethics Course)


24 stated:

25 Ethics Course. Within three (3) years of the effective date of the decision, Respondent shall successfully complete and pass the course

26 "Intermediate Studies in Engineering Ethics" as offered through correspondence by the Murdough Center for Engineering

27 Professionalism, Texas Tech University. Respondent may select an equivalent professional ethics course; however, any alternate professional

28 ethics course must be approved in advance by the Board or its designee.

4


https://2,335.00

Respondent must provide the Board with verifiable proof of his successful completion of the professional ethics course.

15. Respondent's probation is subject to revocation because he failed to comply with

w Probation Condition 7, referenced above. The facts and circumstances regarding this violation

A are as follows:

a. On or about March 16, 2012, the Board sent a letter to Respondent reminding him to

successfully complete and pass the course "Intermediate Studies in Engineering Ethics" by

October 14, 2014. Respondent failed to complete and pass the course.

8 SIXTH CAUSE TO REVOKE PROBATION

9 (Failure to Provide Evidence)


11 stated:

12 Notification. Within 30 days of the effective date of the decision, Respondent shall provide the Board with evidence that he has provided

13 all persons or entities with whom he has a contractual or employment relationship relating to professional engineering services with a copy of

14 the decision and order of the Board, and shall provide the Board with the name and business address of each person or entity required to be so

15 notified. During the period of probation, Respondent shall be required to provide the same notification to each new person or entity with whom he

16 has a contractual or employment relationship relating to professional engineering services, and shall report to the Board the name and address

17 of each person or entity so notified.



20 are as follows:

21 a. On or about March 16, 2012, the Board sent a letter to Respondent requesting to

22 provide the Board with the information referenced above in Condition 9, which was due

23 November 13, 2011, but Respondent failed to do so. The Board extended the due date to May 3,

24 2012.

25 b. On or about June 15, 2012, the Board sent a letter to Respondent that the Board has

26 not received the information referenced above in Condition 9. The Board further stated that the

27 failing to provide the information constitutes a violation of probation.

28 111

5


Original Signed

Exhibit A

Decision and Order

Board for Professional Engineers, Land Surveyors, and Geologists Case No. 935-A

Original Signed

KAMALA D. HARRIS Attorney General of California

2 KAREN B. CHAPPELLE Supervising Deputy Attorney General

3 RENE JUDKIEWICZ Deputy Attorney General

4 State Bar No. 141773 300 So. Spring Street, Suite 1702

5 Los Angeles, CA 90013 Telephone: (213) 897-2537

6 Facsimile: (213) 897-2804 Attorneys for Complainant

7

BEFORE THE 8 BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND

GEOLOGISTS DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA 10

11 In the Matter of the Accusation Against:

12 GABRIEL ANTHONY MURILLO New Address is:

13 2153 Palermo Court Orange, California 92867

14

16335 Santa Bianca Drive 15 Hacienda Heights, CA 91745

Traffic Engineer-License No. TR 184316

Respondents. 17

18

Case No. 935-A

OAH No. 2010121016

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

19 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

20 entitled proceedings that the following matters are true:

21 PARTIES

22 Richard B. Moore, PLS (Complainant) is the Executive Officer of the Board for

23 Professional Engineers, Land Surveyors; and Geologists (Board). He brought this action solely in

24 his official capacity and is represented in this matter by Kamala D. Harris, Attorney General of

25 the State of California, by Rene Judkiewicz, Deputy Attorney General.

26 - 2. Respondent Gabriel Anthony Murillo (Respondent) is represented in this proceeding

27 by attorney Mr. Benjamin Fenton, whose address is: Fenton & Nelson, LLP, 11835 W. Olympic

28 Boulevard, Suite 925, Los Angeles, California 90064.

1 STIPULATED SETTLEMENT (935-A)

3. On or about March 29, 1996, the Board issued Traffic Engineer License No. TR 1843

N to Gabriel Anthony Murillo (Respondent). The Traffic Engineer License was in full force and

w effect at all times relevant to the charges brought in Accusation No. 935-A, and will expire on

4 June 30, 2012, unless renewed.

5 JURISDICTION

6 Accusation No. 935-A was filed before the Board, and is currently pending against

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

on Respondent on August 9, 2010. Respondent timely filed his Notice of Defense contesting the

9 Accusation. A copy of Accusation No. 935-A is attached as exhibit A and incorporated herein by

10 reference.

11 ADVISEMENT AND WAIVERS

12 5. Respondent has carefully read, fully discussed with counsel, and understands the

13 charges and allegations in Accusation No. 935-A. Respondent has also carefully read, fully

14 discussed with counsel, and understands the effects of this Stipulated Settlement and Disciplinary

15 Order.

16 6. Respondent is fully aware of his legal rights in this matter, including the right to a

17 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at

18 his own expense; the right to confront and cross-examine the witnesses against him; the right to

19 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

20 the attendance of witnesses and the production of documents; the right to reconsideration and

21 court review of an adverse decision; and all other rights accorded by the California

22 Administrative Procedure Act and other applicable laws.

23 7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

24 every right set forth above.

25 CULPABILITY

26 Respondent admits the truth of each and every charge and allegation in Accusation

27 No. 935-A.

28


9. Respondent agrees that his Traffic Engineer License is subject to discipline and he

2 agrees to be bound by the Board's probationary terms as set forth in the Disciplinary Order

below.

CONTINGENCY

10. This stipulation shall be subject to approval by the Board. Respondent understands

and agrees that counsel for Complainant and the Board staff may communicate directly with the.

Board regarding this stipulation and settlement, without notice to or participation by Respondent

or his counsel. By signing the stipulation, Respondent understands and agrees that he may not

9 withdraw his agreement or seek to rescind the stipulation prior to the time the Board considers

10 and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order, the

1 1 Stipulated Settlement and Disciplinary Order shall be of no force or effect, except for this

12 paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not

13 be disqualified from further action by having considered this matter.

14 11. The parties understand and agree that facsimile copies of this Stipulated Settlement

15 and Disciplinary Order, including facsimile signatures thereto, shall have the same force and

16 effect as the originals.

17 12. This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

18 integrated writing representing the complete, final, and exclusive embodiment of their agreement.

19 It supersedes any and all prior or contemporaneous agreements, understandings, discussions,

20 negotiations, and commitments (written or oral). This Stipulated Settlement and Disciplinary

21 Order may not be altered, amended, modified, supplemented, or otherwise changed except by a

22 writing executed by an authorized representative of each of the parties.

23 13. In consideration of the foregoing admissions and stipulations, the parties agree that

24 the Board may, without further notice or formal proceeding, issue and enter the following .

25 Disciplinary Order:

26 DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Traffic Engineer License No. TR 1843, issued to

28 Respondent Gabriel Anthony Murillo is revoked. However, the revocation is stayed, and

3


Respondent is placed on probation for a period equal to the remainder of his criminal probation or

N a period of five (5) years, whichever is greater, on the following terms and conditions.

w 1. Obey All Laws. Respondent shall obey all federal, state and local laws and

4 regulations related to the practice of professional engineering.

S Quarterly Reports. Within thirty (30) days of the effective date of the decision, and

6 then continuing on a quarterly basis for the remainder of the probationary period, Respondent

must submit reports to the Board regarding his progress in settling the money he owes as part of

8 his criminal probation and verifiable proof that he is in compliance with his criminal probation.

C 3. Special Reports. Respondent shall submit such special reports as the Board may

10. require.

1] 4. Tolling of Probation. The period of probation shall be tolled during the time

12 Respondent is practicing exclusively outside the state of California. If, during the period of

13 probation, Respondent practices exclusively outside the state of California, Respondent shall

14 immediately notify the Board in writing.

15 5. Violation of Probation. If Respondent violates the probationary conditions in any

16 respect, the Board, after giving Respondent notice and the opportunity to be heard, may vacate

17 the stay and reinstate the disciplinary order which was stayed. If, during the period of probation,

18 an accusation or petition to vacate stay is filed against Respondent, or if the matter has been

19 submitted to the Office of the Attorney General for the filing of such, the Board shall have

20 continuing jurisdiction until all matters are final, and the period of probation shall be extended

21 until all matters are final.

22 6. Cost Recovery. Within three (3) years of the effective date of the decision,

23 Respondent shall reimburse the Board for its investigative and enforcement costs in this matter in

24 the amount of $2,335.00. Said reimbursement may be paid in installments.

25 7. Examination. Within sixty (60) days of the effective date of the decision,

26 Respondent shall successfully complete and pass the California Laws and Board Rules-

27 examination, as administered by the Board.

8.28 Ethics Course. Within three (3) years of the effective date of the decision,


https://2,335.00

Original Signed

Original Signed

Original Signed

Exhibit A

Accusation No. 935-A

EDMUND G. BROWN JR. Attorney General of California

2 KAREN B. CHAPPELLE Supervising Deputy Attorney General

3 RENE JUDKIEWICZ Deputy Attorney General

4 State Bar No. 141773 . 300 So. Spring Street, Suite 1702

U Los Angeles, CA 90013 Telephone: (213) 897-2537

6 Facsimile: (213) 897-2804 Attorneys for Complainant

7

BEFORE THE . 8 -BOARD FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

10

11 In the Matter of the Accusation Against:

GABRIEL ANTHONY MURILLO 12 16335 Santa Bianca Drive

13 Hacienda Heights, CA 91745 Traffic Engineer License No. TR 1843

14 Respondent.

15

16 Complainant alleges:

Case No. 935-A

ACCUSATION

17 PARTIES

18 1 . David E. Brown (Complainant) brings this Accusation solely in his official capacity

19 as the Executive Officer of the Board for Professional Engineers and Land Surveyors (Board),

20 Department of Consumer Affairs.

21 2. On or about March 29, 1996, the Board issued Traffic Engineer License Number TR

22 1843 to Gabriel Anthony Murillo (Respondent). The Traffic Engineer License was in full force

23 and effect at all times relevant to the charges brought herein and will expire on June 30; 2012,

24 unless renewed.

25 JURISDICTION

26 3. This Accusation is brought before the Board under the authority of the following

27 laws. All section references are to the Business and Professions Code unless otherwise indicated.

28

Accusation

4. Section 118, subdivision (b), of the Code provides that the

N suspension/expiration/surrender/cancellation of a license shall not deprive the Board of . .

3 jurisdiction to proceed with a disciplinary action during the period within which the license may

4 be renewed, restored, reissued or reinstated.

un 5. Section 490 of the Code provides, in pertinent part, that a board may suspend or

revoke a license on the ground that the licensee has been convicted of a crime substantially

related to the qualifications, functions, or duties of the business or profession for which the

license was issued.

6. Section 6775 of the Code states, in pertinent part, that "[the board may reprove,

10 suspend for a period not to exceed two years, or revoke the certificate of any professional

11 engineer registered under this chapter:

12 "(a) Who has been convicted of a crime substantially related to the qualifications, functions

13 and duties of a registered professional engineer, in which case the certified record of conviction

14 shall be conclusive evidence thereof.

15 "(b) Who has been found guilty by the board of any deceit, misrepresentation, or fraud in

16 his or her practice."

17 COSTS

18 7. Section 125.3 of the Code provides, in pertinent part, that the Board may request the

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

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

21 enforcement of the case.

22 FIRST CAUSE FOR DISCIPLINE

23 (Substantially Related Conviction)

24 8, Respondent is subject to disciplinary action under sections 490 and 6775, subdivision

25 (a) of the Code in that Respondent was convicted of a crime substantially related to the

26 qualifications, functions and duties of a registered professional engineer. The circumstances are

27 as follows:

28

Accusation

a. On or about November 5, 2008, in People v. Murillo (Super. Ct. Los Angeles County,

N 2008, No. BA314744), Respondent pleaded guilty to and was convicted of the felony of computer

-3 intrusion to alter or destroy data, in violation of Penal Code section 502, subdivision (c)(4). This

4 felony was alleged as count.1 of a six-count criminal complaint. The criminal court sentenced

5 Respondent to informal diversion, requiring Respondent to perform 240 hours of community

6 service and make restitution. The criminal court further ordered that if Respondent complied with

the terms in his plea agreement, his sentence may be reduced to a misdemeanor in one year.

8 b. On or about November 30, 2009, in People v. Murillo (Super. Ct. Los Angeles

9 County, 2008, No. BA314744), the criminal court ordered count ] deemed amended to allege a

-10 misdemeanor, and convicted Respondent thereof. .

11 C . The factual basis for the criminal prosecution was that on or about August 21, 2006.

12 Respondent and a co-worker, traffic engineer Kartik Patel, when employed by the City of Los

13 Angeles Automated Traffic Surveillance Center, accessed the city's computer system and

14 manipulated the traffic signal system in a manner so as to cause significant traffic delays at major

15 intersections.

16 SECOND CAUSE FOR DISCIPLINE

17 (Deceit, Misrepresentation or Fraud)

18 9. Respondent is subject to disciplinary action under section 6775, subdivision (b) of the

19 Code in that Respondent engaged in deceit, misrepresentation or fraud in his practice as a

20 licensed traffic engineer. Complainant refers to and by this reference incorporates the allegations

21 set for in paragraph 8, subparagraphs (a) through (c) inclusive, above, as though set forth fully.

22

23 PRAYER

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

25 and that following the hearing, the Board for Professional Engineers and Land Surveyors issue a

26 decision:

27 1. . Revoking or suspending Traffic Engineer License Number TR 1843, issued to

28 Respondent Gabriel Anthony Murillo;

- 3

Accusation

Original Signed

case no. 935-a · 2020. 4. 3. · 3. on or about march 29, 1996, the board issued traffic engineer...

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