xavier becerra thomas rinaldibar.ca.gov/pdf/accusations/ard285333_2017_09_26_acc.pdf · xavier...

XAVIER BECERRA Attorney General of California

2 THOMAS L. RINALDI Supervising Deputy Attorney General

3 VIVIAN CHO Deputy Attorney General

4 State Bar No. 293773 300 So. Spring Street, Suite 1702

5 Los Angeles, CA 900 13 Telephone: (213) 897-2043

6 Facsimile: (213) 897-2804 E-mail: [email protected]

7 Attorneys for Complainant

8 BEFORETHE DEPARTMENT OF CONSUMER AFFAIRS

9 FOR THE BUREAU OF AUTOMOTIVE REPAIR

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

STATE OF CALIFORNIA

In the Matter of the Accusation Against:

DENNIS D. GATLIN dba JOHNNYS SMOG CENTER 4611 W. Imperial Hwy. Inglewood, CA 90304

Automotive Repair Dealer Registration No. ARD 285333 Smog Check Station License No. TC 285333

and

YUNIS AHMAD OMARI 12400 Eucalyptus Ave. # 1 Hawthorne, CA 90250

Smog Check Inspector License No. EO 639849

Respondents.

ACCUSATION

25 Complainant alleges:

26 PARTIES

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

28 the Chief of the Bureau of Automotive Repair, Department of Consumer Affairs.

1

(JOHNNYS SMOG CENTER, DENN1S D. GA TUN and YUNIS AHMAD OMARI) ACCUSATION

1 Automotive Repair Dealer Registration

2 2. On or about November 15, 2016, the Bureau of Automotive Repair issued

3 Automotive Repair Dealer Registration Number ARD 285333 to Dennis D. Gatlin DBA Johnnys

4 Smog Center ("Respondent Gatlin"). The Automotive Repair Dealer Registration was in full

5 force and effect at all times relevant to the charges brought herein and will expire on November

6 30, 2017, unless renewed.

7 Smog Check Station License

8 3. On or about December 29, 2016, the Bureau of Automotive Repair issued Smog

9 Check Station License Number TC 285333 to Respondent Gatlin. The Smog Check Station

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

11 expire on November 30, 2017, unless renewed.

12 STAR Certification

13 4. On or about February 8, 2017, the Bureau certified Respondent Gatlin as a STAR

14 station. That certification was in full force and effect at all times relevant to the charges brought

15 herein and will remain active unless the Automotive Repair Dealer Registration and/or Smog

16 Check Station License issued to Respondent Gatlin is revoked, canceled, or the licenses become

17 delinquent or certification is invalidated.

18 Smog Check Inspector License

19 5. On or about October 28, 2016, the Bureau of Automotive Repair issued Smog Check

20 Inspector License Number EO 639849 to Yunis Ahmad Omari ("Respondent Omari").1 The

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

22 brought herein and will expire on November 30, 2018, unless renewed.

23 JURISDICTION

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

25 Affairs (Director) for the Bureau of Automotive Repair, under the authority of the following laws.

26

27

28

1 Respondent Gatlin and Respondent Omari are hereinafter collectively referred to as "Respondents."

2

(JOHNNYS SMOG CENTER, DENNIS D. GA1LIN and YUNIS AHMAD OMARI) ACCUSATION

1 7. Business and Professions Code section 9884.7 provides that the Director may revoke

2 an Automotive Repair Dealer Registration.

3 8. Business and Professions Code section 9884.13 of the Code provides, in pertinent

4 part, that the expiration of a valid registration shall not deprive the Director or chief of

5 jurisdiction to proceed with a disciplinary proceeding against an automotive repair dealer or to

6 render a decision invalidating a registration temporarily or permanently.

7 9. Section 44002 of the Health and Safety Code provides, in pertinent part, that the

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

9 the Motor Vehicle Inspection Program.

10 10. Section 44072.6 of the Health and Safety Code provides, in pertinent part, that the

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

12 of Consumer Affairs, or a court oflaw, or the voluntary surrender of the license shall not deprive

13 the Director of jurisdiction to proceed with any investigation of, or action or disciplinary

14 proceedings against the licensee, or to render a decision suspending or revoking the license.

15 11. Section 44072.8 of the Health and Safety Code states:

16

17

18

When a license has been revoked or suspended following a hearing under this article, any additional license issued under this chapter in the name of the licensee may be likewise revoked or suspended by the director.

STATUTORY PROVISIONS

19 12. Section 477 of the Business and Professions Code provides, in pertinent part, that

20 '"Board" includes "bureau," "comn1ission," "committee," "department," "division," "exa1nining

21 committee," "program," and "agency." "License" includes certificate, registration or other means

22 to engage in a business or profession regulated by the Business and Professions Code.

23 13. Business and Professions Code section 9884.7 states, in pertinent part:

24

25

26

27

28 Ill

(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.

3

(JOHNNYS SMOG CENTER, DENNIS D. GATLIN and YUNIS AHMAD OMARI) ACCUSATION

1

2

3

4

5

6

7

8

9

(1) Making 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 ofbusiness 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 willful violations of this chapter, or regulations adopted pursuant to it.

10 14. Section 44012 of the Health and Safety Code provides, in pertinent part, that tests at

11 smog check stations shall be performed in accordance with procedures prescribed by the

12 department.

13 15. Section 44015, subdivision (b), of the Health and Safety Code provides that a

14 certificate of compliance shall be issued if a vehicle meets the requirements of Health and Safety

15 Code section 40012.

16 16. Health and Safety Code section 44072.2 states, in pertinent part:

17

18

19

20

21

22

23

24

25

26

27

28

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 Safety Code§ 44000, et seq.)] and the regulations adopted pursuant to it, which related to the licensed activities.

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

(d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured ...

17. Health and Safety Code section 44072.10 states, in pertinent part:

(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

(JOHNNYS SMOG CENTER, DENNIS D. GATLIN and YUNIS AHMAD OMARl) ACCUSATION

I

2

3

4

5

(I) Clean piping, as defined by the department

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

REGULATORY PROVISIONS

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

7

8

9

The bureau may suspend or revoke the license of or pursue other legal action against a licensee, if the licensee falsely or fraudulently issues or obtains a certificate of compliance or a certificate of noncompliance.

10 19. California Code of Regulations, title 16, section 3340.30, subdivision (a), states:

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

A smog check technician shall comply with the following requirements at all times while licensed.

(a) A licensed technician shall inspect, test and repair vehicles in accordance with section 44012 of the Health and Safety Code, section 44035 of the Health and Safety Code, and section 3340.42 of this article ....

20. California Code of Regulations, title 16, section 3340.35, subdivision (c), states:

(c) A licensed station shall issue a certificate of compliance or noncompliance to the owner or operator of any vehicle that has been inspected in accordance with the procedures specified in section 3340.42 of this article and has all the required emission control equipment and devices installed and functioning correctly ....

21. California Code of Regulations, title 16, section 3340.41, subdivision (c), states:

... [n ]o person shall enter into the emissions inspection system any vehicle identification information or emission control system identification data for any vehicle other than the one being tested. Nor shall any person knowingly enter into the emissions inspection system any false information about the vehicle being tested.

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

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

5


1 COST RECOVERY

2 23. Business and Professions Code section 125.3 provides, in pertinent part, that the

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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 costs of the

investigation and enforcement of the case, with failure of the licentiate to comply subjecting the

license to not being renewed or reinstated. If a case settles, recovery of investigation and

enforcement costs may be included in a stipulated settlement.

VID DATA REVIEW

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

the use of an On-Board Diagnostic Inspection System ("OIS") during smog checks. OIS is the

Smog Check equipment required in all areas of the State when inspecting most model-year 2000

and newer gasoline and hybrid vehicles and most 1998 and newer diesel vehicles. Data retrieved

and recorded during an OIS smog check includes: the eVIN, which is the digitally stored VIN

programmed into the vehicle's Powertrain Control Module ("PCM"); the communication

protocol, which is the manufacturer/vehicle specific language the PCM uses to relay information;

and the number of Parameter Identifications ("PIDs"), which is the number of specific data values

each PCM uses related to emissions controls.

25. On or about February 22, 2017, Bureau representative Mauricio Cabeza initiated

an investigation in which he reviewed OIS test data for Johnnys Smog Center. The OIS Bureau

Test Data lists differences in Vehicle Identification Numbers (VIN) for vehicles that have

received smog inspections, in addition to communication protocol (the language used to

communicate) and Parameter ID (PID) differences with vehicles that have been certified correctly

that are the same make and model vehicles. Representative Cabeza's investigation revealed that

the data related to certain vehicles certified by Johnnys Smog Center contained discrepancies

between the information transmitted during the inspections and documented information known

about the subject vehicles. Specifically, representative Cabeza compared the data received from

the certified vehicles to data from vehicles of the same year, make, and model and determined

that the data from at least ten (I 0) of the certified vehicles contained the following discrepancies:

6


1 (1) missing eVIN; (2) incorrect vehicle communication protocols; and (3) incorrect PID counts.

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

3 Johnnys Smog Center were fraudulently tested during the smog inspection using the "clean

4 plugging" method.2 Table 1 illustrates the documented clean plugging activities of Respondents

5 between February 20, 2017 to February 23, 2017.

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Test Date Vehicle Certified Certificate Technician OIS Test Data Details &VINNo. No. License No.

2/20/2017 2005 Mercedes Benz ZN220536C EO 639849 Comm. Protocol: !914 C230K Sport Sedan (Respondent (expected: KWPF)

WDBRF40J35F685135 Omari) PID Count: 2

(expected: 17 or 20)

e VIN missing

2/20/2017 2007 Mercedes Benz ZN220537C EO 639849 Comm. Protocol: !914 E350 (Respondent (expected: ICANll bt5)

WDBUF56X37B037414 Omari) PID Count: 2 (expected: 44)

e VIN missing

2/20/2017 2003 Ford Expedition ZN220538C EO 639849 Comm. Protocol: !914 Eddie Bauer (Respondent (expected: JPWM)

1FMRU17W53LA72404 Omari) PID Count: 2 (expected: 22)

e VIN missing

2/20/2017 2006 Ford F150 ZN220539C EO 639849 Comm. Protocol: !914 Supercrew (Respondent (expected: I CAN II bt5)

1FTPW12576KB30706 Omari) PID Count: 2 (expected: 44)

e YIN missing

2 "Clean plugging" refers to the use of another vehicle's properly functioning On Board Diagnostic, generation II, (OBD II) system, or another source, to generate passing diagnostic readings for the purpose of issuing fraudulent smog Certificates of Compliance to vehicles that are not in smog compliance and/or not present for testing.

7


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Test Date

2121/2017

212112017

212112017

212212017

212212017

212312017

Ill

Ill

Ill

Vehicle Certified Certificate Technician OIS Test Data Details &VINNo. No. License No.

2007 Ford Taurus SEL ZN220548C EO 639849 Comm. Protocol: 1914 1FAFP56U07Al77784 (Respondent (expected: 1CAN11 bt5)

Omari) PID Count: 2 (expected: 40)

e V1N not expected

2002 Buick ZN220549C EO 639849 Comm. Protocol: 1914 Rendezvous CX (Respondent (expected: JVPW)

3G5DA03E62S537979 Omari) PID Count: 2

(expected: 19 or 20)

e V1N not expected

2000 Ford Ranger ZP846504C EO 639849 Comm. Protocol: 1914 lFTYRl OC5YPA68449 (Respondent (expected: JPWM)


e V1N not expected

2004 Mazda RX8 ZP846506C EO 639849 Comm. Protocol: 1914 JM1FE173940110715 (Respondent (expected: ICAN11 bt5)

Omari) PID Count: 2 (expected: 3 7)

e YIN not expected

2007 Dodge Charger SE ZP846511C EO 639849 Comm. Protocol: 1914 2B3KA43G87H707120 (Respondent (expected: ICANll bt5)

Omari) PID Count: 2

(expected: 41 or 43112 or 43112115)

e YIN not expected

2004 Cadillac Deville ZP846521C EO 639849 Comm. Protocol: 1914 1G6KD54YX4U194340 (Respondent (expected: JYPW)


e YIN not expected

8


1 26. The data analysis conducted on Johnnys Smog Center between February 20, 2017 and

2 February 23,2017 shows that Respondents participated in a scheme to perform at least ten (10)

3

4 fraudulent Smog Check inspections resulting in the issuance often (10) fraudulent electronic

5 Smog Check Certificates of Compliance.

6 FIRST CAUSE FOR DISCIPLINE

7 (Untrue of Misleading Statements -Respondent Gatlin)

8 27. Respondent Gatlin's Automotive Repair Dealer Registration is subject to disciplinary

9 action pursuant to Business and Professions Code section 9884.7, subdivision (a)(!), in that

10 between February 20,2017 and February 23, 2017, Respondent Gatlin made or authorized

11 statements which he knew or in the exercise of reasonable care should have known to be untrue

12 or misleading, as follows: Respondent Gatlin certified that the vehicles set forth above in Table 1

13 had passed inspection and were in compliance with applicable laws and regulations. In fact,

14 Respondent Gatlin used the clean plugging method in order to issue smog certificates of

15 compliance, and did not test or inspect the vehicles as required by Health and Safety Code section

16 44012. Complainant refers to, and by this reference incorporates, the allegations set forth above

17 in paragraphs 24 through 26, inclusive, as though set forth fully herein.

18 SECOND CAUSE FOR DISCIPLINE

19 (Fraud- Respondent Gatlin)


21 action pursuant to Business and Professions Code section 9884.7, subdivision (a)(4), in that

22 between February 20, 2017 and February 23, 2017, Respondent Gatlin committed acts which

23 constitute fraud by issuing electronic certificates of compliance for the vehicles set forth above in

24 Table 1 without performing bona fide inspections ofthe emission control devices and systems on

25 those vehicles, thereby depriving the People of the State of California of the protection afforded

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

27 incorporates, the allegations set forth above in paragraphs 24 through 26, inclusive, as though set

28 forth fully herein.

9


1 I II

2

3

THIRD CAUSE FOR DISCIPLINE

(Material Violation of Antomotive Repair Act- Respondent Gatlin)


5 action pursuant to Business and Professions Code section 9884.7, subdivision (a)(6), in that he

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

7 pursuant to it when he issued electronic certificates of compliance for the 1 0 vehicles identified in

8 Table 1 above without performing bona fide inspections of the emission control devices and

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

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

11 reference incorporates, the allegations contained in paragraphs 24 through 26, above, as though

12 set forth fully herein.

13 FOURTH CAUSE FOR DISCIPLINE

14 (Violations of the Motor Vehicle Inspection Program- Respondent Gatlin)

15 30. Respondent Gatlin's Smog Check Station License is subject to disciplinary action

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

17 20, 2017 and February 23, 2017, regarding the vehicles set forth above in Table 1, Respondent

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

19 a. Section 44012: Respondent Gatlin failed to ensure that the emission control

20 tests were performed on the vehicles in accordance with procedures prescribed by the department.

21 b. Section 44015: Respondent Gatlin issued electronic certificates of compliance

22 for the vehicles, without ensuring that the vehicles were properly tested and inspected to

23 determine if they were in compliance with Health and Safety Code section 44012.

24 Complainant refers to, and by this reference incorporates, the allegations set forth above in

25 paragraphs 24 through 26, inclusive, as though set forth fully herein.

26 I I I

27 I I I

28 I I I

10

(JOHNNYS SMOG CENTER, DENNIS D. GATLIN and YUNIS AHMAD OMART) ACCUSATION

I ///

2 FIFTH CAUSE FOR DISCIPLINE

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

4 Respondent Gatlin)


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

7 20, 2017 and February 23, 2017, regarding the vehicles set forth above in Table I, Respondent

8 Gatlin failed to comply with the following provisions of California Code of Regulations, title 16,

9 as follows:

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

II issued electronic smog certificates of compliance for the I 0 vehicles identified in Table I above.

12 b. Section 3340.35, subdivision (c): Respondent Gatlin issued electronic smog

13 certificates of compliance for the I 0 vehicles identified in Table I above, even though the

14 vehicles had not been inspected in accordance with section 3340.42.

15 c. Section 3340.41, subdivision (c): Respondent Gatlin lmowingly entered false

16 infonnation into the emissions inspection system for the I 0 vehicles identified in Table 1 above.

17 d. Section 3340.42: Respondent Gatlin failed to ensure that the required smog

18 tests were conducted on the I 0 vehicles identified in Table I above, in accordance with the

19 Bureau's specifications.



22 SIXTH CAUSE FOR DISCIPLINE

23 (Dishonesty, Fraud or Deceit- Respondent Gatlin)


25 pursuant to Health and Safety Code section 44072.2, subdivision (d), in that from February 20,

26 2017 and February 23, 2017, regarding the vehicles set forth above in Table I, Respondent Gatlin

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

28 electronic certificates of compliance for those vehicles without performing bona fide inspections

II

(JOHNNYS SMOG CENTER, DENNIS D. GA 1LIN and YUNIS AHMAD OMARI) ACCUSATION

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

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



5 SEVENTH CAUSE FOR DISCIPLINE

6 (Violations of the Motor Vehicle Inspection Program -Respondent Omari)

7 33. Respondent Omari's Smog Check Inspector License is subject to discipline pursuant

8 to Health and Safety Code section 44072.2, subdivision (a), in that between February 20, 2017

9 and February 23, 2017, regarding the vehicles set forth above in Table I, Respondent Omari

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

II follows: Respondent Omari failed to perform the emission control tests on those vehicles in

12 accordance with procedures prescribed by the department. Complainant refers to, and by this

13 reference incorporates, the allegations set forth above in paragraphs 24 through 26, inclusive, as

14 though set forth fully herein.

15 EIGHTH CAUSE FOR DISCIPLINE

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

17 Respondent Omari)

18 34. Respondent Omari's Smog Check Inspector License is subject to discipline pursuant

19 to Health and Safety Code section 44072.2, subdivision (c), in that between February 20, 2017

20 and February 23,2017, regarding the vehicles set forth above in Table I, he failed to comply with

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

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

23 issued electronic smog certificates of compliance for the I 0 vehicles identified in Table I above.

24 b. Section 3340.30, subdivision (a): Respondent Omari failed to inspect and test

25 the I 0 vehicles identified in Table I above, in accordance with Health and Safety Code sections

26 44012 and 44035, and California Code of Regulations, title 16, section 3340.42.

27

28

12

(JOI-INNYS SMOG CENTER, DENNIS D. GA1LIN and YUNIS AHMAD OMARI) ACCUSATION

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

2 information into the emissions inspection system for the 10 vehicles identified in Table 1 above.

3 Ill

4 d. Section 3340.42: Respondent Omari failed to conduct the required smog tests

5 on the 10 vehicles identified in Table 1 above, in accordance with the Bureau's specifications.

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

7 paragraphs 24 through 26, above, as though set forth fully herein.

8 NINTH CAUSE FOR DISCIPLINE

9 (Dishonesty, Fraud or Deceit- Respondent Omari)

10 35. Respondent Omari's Smog Check Inspector License is subject to disciplinary action

11 pursuant to Health and Safety Code section 44072.2, subdivision (d), in that he committed

12 dishonest, fraudulent, or deceitful acts whereby another was injured by issuing electronic smog

13 certificates of compliance for the l 0 vehicles identified in Table 1 above, without performing

14 bona fide inspections of the emission control devices and systems on the vehicles, thereby

15 depriving the People of the State of California of the protection afforded by the Motor Vehicle

16 Inspection Program. Complainant refers to, and by this reference incorporates, the allegations

17 contained in paragraphs 24 through 26, above, as though set forth fully herein.

18 OTHER MATTERS

19 36. Pursuant to Business and Professions Code section 9884.7, subdivision (c), the

20 Director may suspend, revoke, or place on probation the registration for all places of business

21 operated in this state by Respondent Gatlin, upon a finding that he has, or is, engaged in a course

22 of repeated and willful violations of the laws and regulations pertaining to an automotive repair

23 dealer.

24 37. Pursuant to Health and Safety Code section 44072.8, if Smog Check Station License

25 No. TC 285333, issued to Respondent Gatlin, is revoked or suspended, any additional license

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

27 licensee may be likewise revoked or suspended by the Director.

28

13


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

2 License No. EO 639849, issued to Respondent Omari, is revoked or suspended, any additional

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

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

5 PRAYER

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

7 and that fo llowing the hearing, the Director of Consumer Affairs issue a decision:

8 1. Revoking or suspending Automotive Repair Dealer Registration No. ARD 285333,

9 issued to Dennis D. Gatlin DBA Johnnys Smog Center;

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

11 Dennis D. Gatlin;

12 3. Revoking or suspending Smog Check Station No. TC 285333, issued to Dennis D.

13 Gatlin DBA Johnnys Smog Center;

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

15 Division 26 of the Health and Safety Code in the name of Respondent Gatlin;

16 5. Revoking or suspending Smog Check Inspector License No. EO 639849, issued to

17 Respondent Omari ;

18 6. Revoking or suspending any add itional license issued under Chapter 5 of Part 5 of

19 Division 26 of the Health and Safety Code in the name of Respondent Omari;

20 7. Ordering Respondent Gatlin and Respondent Omari to pay the Bureau of Automotive

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

22 Business and Professions Code section 125.3; and,

23

24

25

26

27

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

Chief

LA20 17604602

Bureau of Automotive Repair Department of Consumer Affairs State of California

28 52545742.doc Complainant

14

(JOHNNYS SMOG CENTER, DENNIS D. GATLIN and YUNIS AHMAD OMARl) ACCUSATION

xavier becerra thomas rinaldibar.ca.gov/pdf/accusations/ard285333_2017_09_26_acc.pdf · xavier...

Documents