MOHAMMAD AUSMAN ZAMAN 18 13354 Nutmeg Street Moreno Valley, CA 92553 19 Smog Check Inspector License No

Home , Ruff (cards)

XAVIER BECERRA Attorney General of California GREGORY J. SALUTE N Supervising Deputy Attorney General W MOLLY E. SELWAY Deputy Attorney General State Bar No. 234519 600 West Broadway, Suite 1800 San Diego, CA 92101 P.O. Box 85266 a San Diego, CA 92186-5266 Telephone: (619) 738-9082 Facsimile: (619) 645-2031 Attorneys for Complainant 8 BEFORE THE 9 DEPARTMENT OF CONSUMER AFFAIRS FOR THE BUREAU OF AUTOMOTIVE REPAIR 10 STATE OF CALIFORNIA

12 In the Matter of the Accusation Against: Case No. 79/16-12393 13 ABC1 SMOG LLC, DBA ABCI SMOG; 14 FATIMA ZOHRA ZAMAN, MEMBER ACCUSATION 5585 Tyler Street 15 Riverside, CA 92503 Automotive Repair Dealer Registration No. 16 ARD281457 Smog Check Station License No. TC281457 17 MOHAMMAD AUSMAN ZAMAN 18 13354 Nutmeg Street Moreno Valley, CA 92553 19 Smog Check Inspector License No. EO637275 20 DAHANI JAMEEL RUFF AKA DHANI 21 JAMEEL RUFF 848 W. 29th Street 22 San Bernardino, CA 92405 Smog Check Inspector License No. 23 EO632799 Smog Check Repair Technician License No. 24 EI632799 (Formerly Advanced Emission Specialist Technician License No. EA 25 632799)

26 Respondents.

DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION Complainant alleges:

PARTIES N

W 1. Patrick Dorais (Complainant) brings this Accusation solely in his official capacity as the Chief of the Bureau of Automotive Repair, Department of Consumer Affairs. A 2. On or about September 28, 2012, the Bureau of Automotive Repair issued Smog

Check Inspector License Number EO 632799, formerly Advanced Emission Specialist

Technician License NO. EA632799, to Dahani Jameel Ruff, aka Dhani Jameel Ruff (Respondent

00 Ruff). The Smog Check Inspector License was in full force and effect at all times relevant to the

9 charges brought herein and will expire on September 30, 2018, unless renewed.

10 3. On or about September 28, 2012, the Bureau of Automotive Repair issued Smog

11 Check Repair Technician License Number EI 632799 to Respondent Ruff. The Smog Check

12 Repair Technician License expired on September 30, 2014.

13 4. On or about September 8, 2014, the Bureau of Automotive Repair issued Smog

14 Check Inspector License Number EO 637275 to Mohammad Ausman Zaman (Respondent

15 Zaman). The Smog Check Inspector License was in full force and effect at all times relevant to

16 the charges brought herein and will expire on September 30, 2018, unless renewed.

17 5. On or about September 14, 2015, the Bureau of Automotive Repair issued

18 Automotive Repair Dealer Registration Number ARD 281457 to Fatima Zohra Zaman, Member,

19 ABCI Smog, LLC, dba ABCI Smog (Respondent ABC1 Smog). The Automotive Repair Dealer

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

21 will expire on September 30, 2018, unless renewed.

22 6. On or about September 30, 2015, the Bureau of Automotive Repair issued Smog

23 Check-Test Only Station License Number TC 281457 to Respondent ABCI Smog. The Smog

24 Check-Test Only Station License was in full force and effect at all times relevant to the charges

25 brought herein and will expire on September 30, 2018, unless renewed.

26 7. On or about November 3, 2015, the Bureau of Automotive Repair certified

27 Respondent ABCI Smog as a STAR Station. The certification will remain active unless the

28 2 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION Automotive Repair Dealer registration and/or the Smog Check Station license is revoked,

canceled, license become delinquent or certification is invalidated. N

w JURISDICTION 8. A This Accusation is brought before the Director of the Department of Consumer Affairs (Director) for the Bureau of Automotive Repair, under the authority of the following laws.

9. Section 477 of the Code provides, in pertinent part, that "Board" includes "bureau,"

...." "License" includes certificate, registration or other means to engage in a business or

profession regulated by the Code.

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

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

11 the Motor Vehicle Inspection Program.

12 11. Section 44072.4 of the Health and Safety Code states:

13 The director may take disciplinary action against any licensee after a hearing 14 as provided in this article by any of the following:

15 (a) Imposing probation upon terms and conditions to be set forth by the director. 16 (b) Suspending the license. 17 (c) Revoking the license. 18

19 12. Section 44072.2 of the Health and Safety Code states:

20 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, 21 does any of the following:

22 (a) Violates any section of this chapter [the Motor Vehicle Inspection Program (Health and Saf. Code, I 44000, et seq.)] and the regulations adopted pursuant to it, 23 which related to the licensed activities.

25 (d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured. ... 26

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

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

DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION of Consumer Affairs, or a court of law, or the voluntary surrender of the license shall not deprive

N the Director of jurisdiction to proceed with disciplinary action. 14. Section 44072.7 of the Health and Safety Code states: w

A All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violation of subdivision (d) of Section 44072.2, the accusation may be filed within two years after the discovery by the bureau of the alleged facts constituting the fraud or misrepresentation prohibited by that section.

15. Section 44072.8 of the Health and Safety Code states: 9 When a license has been revoked or suspended following a hearing under 10 this article, any additional license issued under this chapter in the name of the licensee may be likewise revoked or suspended by the director. 11 16. Section 44072.10 of the Health and Safety Code states: 12 (a) Notwithstanding Sections 44072 and 44072.4, the director, or the director's 13 designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technician's license issued under this chapter, for a 14 period not to exceed 60 days, if the department determines that the licensee's conduct would endanger the public health, safety, or welfare before the matter could be heard 15 pursuant to subdivision (e), based upon reasonable evidence of any of the following:

16 (1) Fraud.

17 (2) Tampering. 18 (3) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter. 19 (4) A pattern or regular practice of violating this chapter or any 20 regulation, standard, or procedure of the department implementing this chapter.

21 . . .

22 (c) The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent 23 inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following: 24 (1) Clean piping, as defined by the department. 25 (2) Tampering with a vehicle emission control system or test analyzer 26 system.

27 (3) Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection. 28

(DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION (4) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter.

N 17. California Code of Regulations, title 16, section 3340.28; subdivision (e), states:

w Upon renewal of an unexpired Basic Area Technician license or an A Advanced Emission Specialist Technician license issued prior to the effective date of this regulation, the licensee may apply to renew as a Smog Check Inspector, uns Smog Check Repair Technician, or both.

a 18. Section 118, subdivision (b), of the Code provides that the suspension, expiration,

surrender, or cancellation of a license shall not deprive the Director of jurisdiction to proceed

with a disciplinary action during the period within which the license may be renewed, restored, 10 reissued or reinstated. 10 19. Section 9884.13 of the Code provides, in pertinent part, that the expiration of a valid 11 registration shall not deprive the director or chief of jurisdiction to proceed with a disciplinary 12 proceeding against an automotive repair dealer or to render a decision invalidating a registration 13 temporarily or permanently. 14 20. Section 9884.20 of the Code states: 15 All accusations against automotive repair dealers shall be filed within three years 16 after the performance of the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging fraud or misrepresentation as 17 a ground for disciplinary action, the accusation may be filed within two years after the discovery, by the bureau, of the alleged facts constituting the fraud or 18 misrepresentation. 19 21. Section 9884.22 of the Code states:

20 (a) Notwithstanding any other provision of law, the director may revoke, suspend, or deny at any time any registration required by this article on any of the grounds for 21 disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 1 1500) of Part 1 22 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. . . . 23 STATUTORY PROVISIONS 24 22. Section 22 of the Code states: 25 (a) 'Board' as used in any provisions of this Code, refers to the board in which the 26 administration of the provision is vested, and unless otherwise expressly provided, shall include 'bureau,' 'commission," 'committee,' 'department,' 'division," 'examining 27 committee,"'program,' and 'agency." 28 (b) Whenever the regulatory program of a board that is subject to review by the Joint 5 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION Committee on Boards, Commissions, and Consumer Protection, as provided for in Division 1.2 (commencing with Section 473), is taken over by the department, that program shall be designated as a 'bureau.' N 23. Section 23.7 of the Code states:

W "Unless otherwise expressly provided, license means license, certificate, registration, A or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600." un 24. Section 9884.7 of the Code states:

(a) The director, where the automotive repair dealer cannot show there was a bona fide 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 done by the automotive repair dealer or any automotive technician, employee, partner, officer, or member of the automotive repair dealer.

10 (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 11 exercise of reasonable care should be known, to be untrue or misleading.

13 (4) Any other conduct that constitutes fraud. 14

15 (6) Failure in any material respect to comply with the provisions of this chapter or regulations adopted pursuant to it. 16

17 (c) Notwithstanding subdivision (b), the director may suspend, revoke, or place on 18 probation the registration for all places of business operated in this state by an automotive repair dealer upon a finding that the automotive repair dealer has, or is, 19 engaged in a course of repeated and willful violations of this chapter, or regulations adopted pursuant to it. 20

21 25. Section 44012 of the Health and Safety Code states:

22 The test at the smog check stations shall be performed in accordance with 23 procedures prescribed by the department and may require loaded mode dynamometer testing in enhanced areas, two-speed idle testing, testing utilizing a 24 vehicle's onboard diagnostic system, or other appropriate test procedures as determined by the department in consultation with the state board. The department 25 shall implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or two-speed idle testing, on model year 2000 and newer vehicles 26 only, beginning no earlier than January 1, 2013. However, the department, in 27 consultation with the state board, may prescribe alternative test procedures that include loaded mode dynamometer or two-speed idle testing for vehicles with 28 onboard diagnostic systems that the department and the state board determine

(DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION exhibit operational problems. The department shall ensure, as appropriate to the test method, the following:

N (a) Emission control systems required by state and federal law are reducing excess emissions in accordance with the standards adopted pursuant to w subdivisions (a) and (c) of Section 44013. A (b) Motor vehicles are preconditioned to ensure representative and stabilized operation of the vehicle's emission control system.

(c) For other than diesel-powered vehicles, the vehicle's exhaust emissions of hydrocarbons, carbon monoxide, carbon dioxide, and oxides of nitrogen in an idle mode or loaded mode are tested in accordance with procedures prescribed by the department. In determining how loaded mode and evaporative emissions 00 testing shall be conducted, the department shall ensure that the emission reduction 9 targets for the enhanced program are met.

10 (d) For other than diesel-powered vehicles, the vehicle's fuel evaporative system and crankcase ventilation system are tested to reduce any nonexhaust 11 sources of volatile organic compound emissions, in accordance with procedures 12 prescribed by the department.

13 (e) For diesel-powered vehicles, a visual inspection is made of emission control devices and the vehicle's exhaust emissions are tested in accordance with 14 procedures prescribed by the department, that may include, but are not limited to, onboard diagnostic testing. The test may include testing of emissions of any or all 15 of the pollutants specified in subdivision (c) and, upon the adoption of applicable 16 standards, measurement of emissions of smoke or particulates, or both.

17 (f) A visual or functional check is made of emission control devices specified by the department, including the catalytic converter in those instances in 18 which the department determines it to be necessary to meet the findings of Section 44001. The visual or functional check shall be performed in accordance with 19 procedures prescribed by the department.

20 (g) A determination as to whether the motor vehicle complies with the 21 emission standards for that vehicle's class and model-year as prescribed by the department. 22 (h) An analysis of pass and fail rates of vehicles subject to an onboard 23 diagnostic test and a tailpipe test to assess whether any vehicles passing their onboard diagnostic test have, or would have, failed a tailpipe test, and whether any 24 vehicles failing their onboard diagnostic test have or would have passed a tailpipe test. 25

26 (i) The test procedures may authorize smog check stations to refuse the testing of a vehicle that would be unsafe to test, or that cannot physically be 27 inspected, as specified by the department by regulation. The refusal to test a vehicle for those reasons shall not excuse or exempt the vehicle from compliance 28 with all applicable requirements of this chapter. 7 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION 26. Section 44015 of the Health and Safety Code states:

N (a) A licensed smog check station shall not issue a certificate of compliance, except as authorized by this chapter, to any vehicle that meets the following w criteria:

A (1) A vehicle that has been tampered with.

. . . .

(b) If a vehicle meets the requirements of Section 44012, a smog check station licensed to issue certificates shall issue a certificate of compliance or a certificate of noncompliance.

9 27. Section 44059 of the Health and Safety Code states:

10 The willful making of any false statement or entry with regard to a material 11 matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 20.3 (commencing 12 with Section 9880) of Division 3 of the Business and Professions Code, constitutes perjury and is punishable as provided in the Penal Code. 13

14 REGULATORY PROVISIONS

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

17 (c) 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 18 certificate of compliance or a certificate of noncompliance. 19 29. California Code of Regulations, title 16, section 3340.30 states:

20 A licensed smog check inspector and/or repair technician shall comply with the following requirements at all times while licensed: 21

22 (a) Inspect, test and repair vehicles, as applicable, in accordance with section 44012 of the Health and Safety Code, section 44035 of the Health and Safety 23 Code, and section 3340.42 of this article.

24 30. California Code of Regulations, title 16, section 3340.35 provides, in pertinent part,

25 that a licensed station shall issue a certificate of compliance . . . to the owner or operator of any

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

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

28 functioning correctly.

(DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION 31. California Code of Regulations, title 16, section 3340.41 states, in part:

N . . . .

w (b) No person shall enter into the emissions inspection system any access or qualification number other than as authorized by the bureau, nor in any way A tamper with the emissions inspection system.

(c) No person shall enter into the emissions inspection system any vehicle 6 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.

. . . .

10 32. California Code of Regulations, title 16, section 3340.42 provides, in part, that smog

11 check stations and smog check technicians shall conduct tests and inspections in accordance with

12 the Bureau's BAR 97 Emission Inspection System Specifications and/or the On Board Data

13 Inspection System referenced in subsections (a) and (b) of Section 3340.17.

14 33. California Code of Regulations, title 16, section 3340.42.2 states:

15 (c) Starting on or after January 1, 2013, OBD equipped vehicles shall fail the OBD inspection if any one of the following conditions occurs as applicable to the 16 vehicle:

17 . .

18 (7) The vehicle's OBD system data is inappropriate for the vehicle being tested; 19 (8) The vehicle's OBD system data does not match the original equipment 20 manufacturer (OEM) or an Air Resources Board (ARB) exempted OBD software configuration.... 21

22 COSTS

23 34. Section 125.3 of the Code provides, in pertinent part, that the Bureau may request the

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

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

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

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

28 included in a stipulated settlement.

(DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION CLEAN PLUGGING

N 35. At all times alleged in this Accusation, Respondents Zaman and Ruff were acting in

w the course and within the scope of a technician, employee, partner, officer, or member of Respondent ABC1 Smog.

un 36. The On-Board Diagnostics - Generation II (OBD II) communication protocol

a describes the specified communication "language" used by the OBD II system electronic control unit to communicate to scan tools and other devices such as the On-Board Diagnostic Inspection

System (OIS). The communication protocol is programmed into the OBD II system electronic

control unit during manufacture and does not change.

10 37. Parameter Identifications (PID) are data points reported by the OBD II system

11 electronic control unit to the scan tool or OIS. Examples of PIDs are engine speed (rpm), vehicle

12 speed, engine temperature, and other input and output values utilized by the OBD II system

13 electronic control unit. The PID count is the number of data points reported by the OBD II

14 system electronic control unit and is programmed during manufacture.

15 38. The Vehicle Identification Number (VIN) that is physically present on all vehicles is

16 also required to be programmed into the vehicle's OBD II on 2005 and newer vehicles, and on

17 many occasions was programmed into the OBD II system electronic control unit in earlier model-

18 years. This electronically programmed VIN, also known as the "eVIN," is captured by BAR

19 during a Smog Check, and should match the physical VIN on the vehicle.

20 39. During a Bureau representative's review of Respondents' certified test results in the

21 Vehicle Information Database (VID) for inspections purportedly performed on the OIS between

22 November 2015, and February 2016, eleven (1 1) vehicles identified below had deviations in one

23 or more of the following: eVIN, incorrect vehicle communication protocol, and/or incorrect PID

24 count. This indicates that the vehicles receiving smog certificates were fraudulently tested during

25 the smog check inspection by a method known as Clean Plugging.' A detailed explanation of

26 each fraudulent smog check is as follows:

27 ' To "clean plug" a vehicle, the technician uses another vehicle's properly functioning 28 OBD II system, or another source, to generate passing diagnostic readings for the purpose of

10 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION 40. Clean Plug No. 1:

On November 16, 2015, between 2:59 p.m. and 3:02 p.m., a 2005 Chevrolet Malibu was

w inspected. A Certificate of Compliance was issued by Respondent ABC1 Smog using license EO

A 637275, belonging to Smog Check Inspector Zaman. OIS Test Details showed there was no

e VIN reported, the protocol reported 1914, and the PID count was 10. Comparative OIS Test

a Data for One Thousand (1000), 2005 Chevrolet Malibu vehicles shows that 98% report the e VIN, have a communication protocol of JVPW, and report a PID count of 19. The discrepancies

in the OIS Test Data prove that ABCI Smog's OIS Data Acquisition Device (DAD) was not

connected to the 2005 Chevrolet Malibu being certified, resulting in the issuance of a fraudulent

10 Certificate of Compliance.

11 41. Clean Plug No. 2:

12 On November 17, 2015, between 1:00 p.m. and 1:03 p.m., a 2004 Buick Rendezvous

13 CX/CXL was inspected. A Certificate of Compliance was issued by Respondent ABCI Smog

14 using license EO 637275, belonging to Smog Check Inspector Zaman. OIS Test Details showed

15 there was no e VIN reported, the protocol reported 1914, and the PID count was 10. Comparative

16 OIS Test Data for Eight Hundred Seventy-Nine (879), 2004 Buick Rendezvous CX/CXL vehicles

17 shows that 98.5% report the eVIN, have a communication protocol of JVPW, and report a PID

18 count of 18 or 19. The discrepancies in the OIS Test Data prove that Respondent ABCI Smog's

19 OIS DAD was not connected to the 2004 Buick Rendezvous CX/CXL being certified, resulting in

20 the issuance of a fraudulent Certificate of Compliance.

21 42. Clean Plug No. 3:

22 On November 24, 2015, between 1:31 p.m. and 1:33 p.m., a 2005 Nissan 350Z was

23 inspected. A Certificate of Compliance was issued by Respondent ABCI Smog using license EO

24 637275, belonging to Smog Check Inspector Zaman. OIS Test Details showed there was no

25 e VIN reported, the protocol reported 1914, and the PID count was 9. Comparative OIS Test Data

26 issuing fraudulent smog certificates of compliance to vehicles that are not in smog compliance or 27 not present during the certified test. 28 " This number is based on the most recent available total number of similar vehicles tested statewide, or up to one thousand (1000). 11 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABCI SMOG, LLC, DBA ABCI SMOG) ACCUSATION for One Thousand (1000), 2005 Nissan 350Z vehicles shows that 97.2% report the e VIN, have a

N communication protocol of 1914, and report a PID count of 22. The discrepancies in the OIS Test

w Data prove that Respondent ABCI Smog's OIS DAD was not connected to the 2005 Nissan 350Z

A being certified, resulting in the issuance of a fraudulent Certificate of Compliance. 43. Clean Plug No. 4:

On November 25, 2015, between 1:32 p.m. and 1:37 p.m., a 2002 Chevrolet Cavalier was

inspected. A Certificate of Compliance was issued by Respondent ABCI Smog using license EO

637275, belonging to Smog Check Inspector Zaman. OIS Test Details showed there was no

e VIN reported, the protocol reported 1914, and the PID count was 8. Comparative OIS Test Data

10 for Six Hundred Two (602), 2002 Chevrolet Cavalier vehicles shows that 99% report the eVIN,

11 have a communication protocol of JVPW, and report a PID count of 18. The discrepancies in the

12 OIS Test Data prove that Respondent ABCI Smog's OIS DAD was not connected to the 2002

13 Chevrolet Cavalier being certified, resulting in the issuance of a fraudulent Certificate of

14 Compliance.

15 44. Clean Plug No. 5:

16 On December 3, 2015, between 4:18 p.m. and 4:23 p.m., a 2006 Chevrolet Silverado C1500

17 was inspected. A Certificate of Compliance was issued by Respondent ABC1 Smog using license

18 EO 637275, belonging to Smog Check Inspector Zaman. OIS Test Details showed there was no

19 e VIN reported, the protocol re ported 1914, and the PID count was 10. Comparative OIS Test

20 Data for Seven Hundred Ninety-Seven (797), 2006 Chevrolet Silverado C1500 vehicles shows

21 that 99.4% report the e VIN, have a communication protocol of JVPW, and report a PID count of

22 21 or 22. The discrepancies in the OIS Test Data prove that Respondent ABC1 Smog's OIS

23 DAD was not connected to the 2006 Chevrolet Silverado C1500 being certified, resulting in the

24 issuance of a fraudulent Certificate of Compliance.

25 45. Clean Plug No. 6:

26 On December 20, 2015, between 1 1:58 a.m. and 12:04 p.m., a 2001 Ford Expedition Eddie

27 Bauer was inspected. A Certificate of Compliance was issued by Respondent ABC1 Smog using

28 license EO 637275, belonging to Smog Check Inspector Zaman. OIS Test Details showed there 12 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION was no e VIN reported, the protocol reported 1914, and the PID count was 7. Comparative OIS

N Test Data for One Thousand (1000), 2001 Ford Expedition Eddie Bauer vehicles shows that

W 96.2% report the eVIN, have a communication protocol of JPWM and report a PID count of 20.

A The discrepancies in the OIS Test Data prove that Respondent ABCI Smog's OIS DAD was not connected to the 2001 Ford Expedition Eddie Bauer being certified, resulting in the issuance of a

fraudulent Certificate of Compliance.

46. Clean Plug No. 7:

On February 1, 2016, between 2:04 p.m. and 2:11 p.m., a 2001 Chevrolet Corvette was

inspected. A Certificate of Compliance was issued by Respondent ABCI Smog using license EO

10 632799, belonging to Smog Check Inspector Ruff. OIS Test Details showed there was no e VIN

11 reported, the protocol reported 1914, and the PID count was 8. Comparative OIS Test Data for

12 One Thousand (1000), 2001 Chevrolet Corvette vehicles shows that 98.4% report the e VIN, have

13 a communication protocol of JVPW and report a PID count of 22. The discrepancies in the OIS

14 Test Data prove that Respondent ABCI Smog's OIS DAD was not connected to the 2001

15 Chevrolet Corvette being certified, resulting in the issuance of a fraudulent Certificate of

16 Compliance.

17 47. Clean Plug No. 8:

18 On February 2, 2016, between 1:40 p.m. and 1:47 p.m., a 2001 Ford Expedition XLT was

19 inspected. A Certificate of Compliance was issued by Respondent ABC1 Smog using license EO

20 632799, belonging to Smog Check Inspector Ruff. OIS Test Details showed there was no e VIN

21 reported, the protocol reported 1914, and the PID count was 8. Comparative OIS Test Data for

22 One Thousand (1000), 2001 Ford Expedition XLT vehicles shows that 95% report the e VIN,

23 have a communication protocol of JPWM and report a PID count of 20. The discrepancies in the

24 OIS Test Data prove that Respondent ABC1 Smog's OIS DAD was not connected to the 2001

25 Ford Expedition XLT being certified, resulting in the issuance of a fraudulent Certificate of

26 Compliance.

27 111

28 111 13 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABCI SMOG, LLC, DBA ABCI SMOG) ACCUSATION 48. Clean Plug No. 9:

N On February 20, 2016, between 1 1:18 a.m. and 11:26 a.m., a 2008 Honda Civic LX was

w inspected. A Certificate of Compliance was issued by Respondent ABCI Smog using license EO

A 632799, belonging to Smog Check Inspector Ruff. OIS Test Details showed there was no e VIN

u reported, the protocol reported ICAN29bt5, and the PID count was 30. Comparative OIS Test

a Data for One Thousand (1000), 2008 Honda Civic LX vehicles shows that 99.6% report the e VIN, have a communication protocol of ICAN29bt5 and report a PID count of 39/19. The

discrepancies in the OIS Test Data prove that Respondent ABC1 Smog's OIS DAD was not

connected to the 2008 Honda Civic LX being certified, resulting in the issuance of a fraudulent

10 Certificate of Compliance.

11 49. Clean Plug No. 10:

12 On February 22, 2016, between 3:21 p.m. and 3:32 p.m., a 2002 Chevrolet Silverado C1500

13 was inspected. A Certificate of Compliance was issued by Respondent ABC1 Smog using license

14 EO 632799, belonging to Smog Check Inspector Ruff. OIS Test Details showed there was no

15 e VIN reported, the protocol reported 1914, and the PID count was 8. Comparative OIS Test Data

16 for One Thousand (1000), 2002 Chevrolet Silverado C1500 vehicles shows that 99% report the

17 e VIN, have a communication protocol of JVPW and report a PID count of 22. The discrepancies

18 in the OIS Test Data prove that Respondent ABCI Smog's OIS DAD was not connected to the

19 2002 Chevrolet Silverado C1500 being certified, resulting in the issuance of a fraudulent

20 Certificate of Compliance.

21 50. Clean Plug No. 11:

22 On February 23, 2016, between 12:13 p.m. and 12:20 p.m., a 2003 Chevrolet Avalanche

23 C1500 was inspected. A Certificate of Compliance was issued by Respondent ABCI Smog using

24 license EO 632799, belonging to Smog Check Inspector Ruff. OIS Test Details showed there

25 was no e VIN reported, the protocol reported 1914, and the PID count was 8. Comparative OIS

26 Test Data for One Thousand (1000), 2003 Chevrolet Avalanche C1500 vehicles shows that 96.4%

27 report the e VIN, have a communication protocol of JVPW and report a PID count of 22. The

28 discrepancies in the OIS Test Data prove that Respondent ABC1 Smog's OIS DAD was not 14 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION connected to the 2003 Chevrolet Avalanche C1500 being certified, resulting in the issuance of a

fraudulent Certificate of Compliance. N FIRST CAUSE FOR DISCIPLINE W

A (Untrue or Misleading Statement) 51. Complainant re-alleges and incorporates by reference the allegations set forth above

a in the foregoing paragraphs. 52. Respondent ABC1 Smog's Registration is subject to disciplinary action under section

00 9884.7, subdivision (a)(1), in that Respondent ABCI Smog made or authorized statements which

Respondent ABCI Smog knew or in the exercise of reasonable care should have known to be

10 untrue or misleading.

11 53. Respondent ABCI Smog certified that the vehicles listed in paragraphs 40-50, had

12 passed inspection and were in compliance with all applicable laws and regulations, when in fact

13 and in truth, Respondent ABCI Smog inspected the vehicles using the clean plugging method to

14 issue fraudulent certificates of compliance.

15 SECOND CAUSE FOR DISCIPLINE

16 (Violation of Motor Vehicle Inspection Program)

17 54. Complainant re-alleges and incorporates by reference the allegations set forth above

18 in the foregoing paragraphs.

19 55. Respondent ABC1 Smog's Smog Check Station License is subject to disciplinary

20 action under Health and Safety Code sections 44072.10, subdivisions (a) and (c) and 44072.2,

21 subdivision (a), in that ABCI Smog failed to comply with the following sections of that Code:

22 a. Section 44012: failed to perform the tests of the emission control systems and

23 devices on the vehicles listed in paragraphs 40-50, in accordance with procedures prescribed by

24 the Department.

25 b. Section 44015, subd. (a) and (b): issued a certificate of compliance for the vehicles

26 listed in paragraphs 40-50, without properly testing and inspecting them to determine if they were

27 in compliance with Health & Safety Code section 44012.

28 15 DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION C. Section 44035: failed to meet or maintain the standards prescribed for qualification,

N equipment, performance, or conduct by failing to properly perform a smog inspection on the

w vehicles listed in paragraphs 40-50 or certifying that such tests had been performed, when in fact they were never performed. A THIRD CAUSE FOR DISCIPLINE

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

56. Complainant re-alleges and incorporates by reference the allegations set forth above

in the foregoing paragraphs.

57. Respondent ABC1 Smog's Smog Check Station License is subject to disciplinary

10 action under Health and Safety Code sections 44072.10, subdivisions (a) and (c) and 44072.2,

11 subdivision (a), in that Respondent ABCI Smog failed to comply with the following sections of

12 Title 16, California Code of Regulations:

13 a. Section 3340.35, subdivision (c): failed to inspect and test the vehicles listed in

14 paragraphs 40-50, in accordance with the procedures specified in section 3340.42 of the 15 Regulations and failed to ensure that the vehicles had all the required emission control equipment

16 and devices installed and functioning correctly.

17 b. Section 3340.41, subdivision (c): knowingly entered into the Emissions Inspection

18 System false information about the vehicles listed in paragraphs 40-50, providing results for smog

19 inspections which were not actually performed.

20 c. Section 3340.42: failed to conduct the required smog tests on the vehicles listed in

21 paragraphs 40-50, in accordance with the Bureau's specifications.

22 d. Section 3340.45: failed to conduct the required smog tests on the vehicles listed in

23 paragraphs 40-50, in accordance with the Smog Check Manual, dated 2013.

24 FOURTH CAUSE FOR DISCIPLINE

2 (Dishonesty, Fraud, or Deceit)

26 58. Complainant re-alleges and incorporates by reference the allegations set forth above

27 in the foregoing paragraphs.

28 16 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION 59. Respondent ABC1 Smog's Registration is subject to disciplinary action under Code

N section 9884.7, subdivision (a)(4) and Respondent ABC1 Smog's Smog Check Station License is

w subject to disciplinary action under Health and Safety Code sections 44072.10, subdivision (a)

A and (c) and 44072.2, subdivision (d), in that Respondent ABCI Smog committed dishonest, fraudulent, or deceitful acts whereby another is injured by issuing a smog certificate of

compliance for the vehicles listed in paragraphs 40-50 without performing bona fide inspections

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

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

9 FIFTH CAUSE FOR DISCIPLINE

10 (Violation of Motor Vehicle Inspection Program)

11 60. Complainant re-alleges and incorporates by reference the allegations set forth above

12 in the foregoing paragraphs.

13 61. Respondent Ruff's licenses are subject to disciplinary action under Health and Safety

14 Code sections 44072.10, subdivisions (a) and (c) and 44072.2, subdivision (a), in that Respondent

15 Ruff failed to comply with the following sections of that Code:

16 a. Section 44012: failed to perform the tests of the emission control systems and

17 devices on the vehicles listed in paragraphs 46-50, in accordance with procedures prescribed by

18 the Department.

19 b. Section 44015, subd. (a) and (b): issued a certificate of compliance for the vehicles

20 listed in paragraphs 46-50, without properly testing and inspecting them to determine if they were

21 in compliance with Health & Safety Code section 44012.

22 C. Section 44035: failed to meet or maintain the standards prescribed for qualification,

23 equipment, performance, or conduct by failing to properly perform a smog inspection on the

24 vehicles listed in paragraphs 46-50, or certifying that such tests had been performed, when in fact

25 they were never performed.

26 d. Section 44032: failed to test emission control devices and systems in accordance

27 with Section 44012 on the vehicles listed in paragraphs 46-50.

28 111

17 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION SIXTH CAUSE FOR DISCIPLINE

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

w 62. Complainant re-alleges and incorporates by reference the allegations set forth above in the foregoing paragraphs. A 63. Respondent Ruff's licenses are subject to disciplinary action under Health and Safety

Code sections 44072.10, subdivisions (a) and (c) and 44072.2, subdivision (a) in that Respondent

J Ruff failed to comply with the following sections of Title 16, California Code of Regulations:

a. Section 3340.35, subdivision (c): failed to inspect and test the vehicles listed in

paragraphs 46-50, in accordance with the procedures specified in section 3340.42 of the

10 Regulations and failed to ensure that the vehicles listed in paragraphs 46-50, had all the required

11 emission control equipment and devices installed and functioning correctly.

12 b. Section 3340.41, subdivision (c): knowingly entered into the Emissions Inspection

13 System false information about the vehicles listed in paragraphs 46-50, providing results for smog

14 inspections which were not actually performed.

15 c. Section 3340.42: failed to conduct the required smog tests on the vehicles listed in

16 paragraphs 46-50, in accordance with the Bureau's specifications.

17 d. Section 3340.45: failed to conduct the required smog tests on the vehicles listed in

18 paragraphs 46-50, in accordance with the Smog Check Manual, dated 2013.

19 SEVENTH CAUSE FOR DISCIPLINE

20 (Dishonesty, Fraud, or Deceit)

21 64. Complainant re-alleges and incorporates by reference the allegations set forth above

22 in the foregoing paragraphs.

23 65. Respondent Ruff's licenses are subject to disciplinary action under Health and Safety

24 Code sections 44072.10, subdivision (a) and (c) and 44072.2, subdivision (d), in that Respondent

25 Ruff committed dishonest, fraudulent, or deceitful acts whereby another is injured by issuing a

26 smog certificate of compliance for the vehicles listed in paragraphs 46-50, without performing

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

18 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION depriving the People of the State of California of the protection afforded by the Motor Vehicle

N Inspection Program. EIGHTH CAUSE FOR DISCIPLINE

(Violation of Motor Vehicle Inspection Program)

66. Complainant re-alleges and incorporates by reference the allegations set forth above

in the foregoing paragraphs.

67. Respondent Zaman's Smog Check Inspector License is subject to disciplinary action

under Health and Safety Code sections 44072.10, subdivisions (a) and (c) and 44072.2,

subdivision (a), in that Respondent Zaman failed to comply with the following sections of that

10 Code:

11 a. Section 44012: failed to perform the tests of the emission control systems and

12 devices on the vehicles listed in paragraphs 40-45, in accordance with procedures prescribed by

13 the Department.

14 b. Section 44015, subd. (a) and (b): issued a certificate of compliance for the vehicles

15 listed in paragraphs 40-45, without properly testing and inspecting them to determine if they were

16 in compliance with Health & Safety Code section 44012.

17 c. Section 44035: failed to meet or maintain the standards prescribed for qualification,

18 equipment, performance, or conduct by failing to properly perform a smog inspection on the

19 vehicles listed in paragraphs 40-45, or certifying that such tests had been performed, when in fact

20 they were never performed.

21 d. Section 44032: failed to test emission control devices and systems in accordance

22 with Section 44012 on the vehicles listed in paragraphs 40-45.

23 NINTH CAUSE FOR DISCIPLINE

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

25 68. Complainant re-alleges and incorporates by reference the allegations set forth above

26 in the foregoing paragraphs.

27 69. Respondent Zaman's Smog Check Inspector License is subject to disciplinary action

28 under Health and Safety Code sections 44072.10, subdivisions (a) and (c) and 44072.2, 19 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION subdivision (a) in that Respondent Zaman failed to comply with the following sections of Title

N 16, California Code of Regulations: a. W Section 3340.35. subdivision (c): failed to inspect and test the vehicles listed in

A paragraphs 40-45, in accordance with the procedures specified in section 3340.42 of the

Regulations and failed to ensure that the vehicles listed in paragraphs 40-45, had all the required

O emission control equipment and devices installed and functioning correctly. b. Section 3340.41, subdivision (c): knowingly entered into the Emissions Inspection

8 System false information about the vehicles listed in paragraphs 40-45, providing results for smog

inspections which were not actually performed.

10 c. Section 3340.42: failed to conduct the required smog tests on the vehicles listed in

11 paragraphs 40-45, in accordance with the Bureau's specifications.

12 d. Section 3340.45: failed to conduct the required smog tests on the vehicles listed in

13 paragraphs 40-45, in accordance with the Smog Check Manual, dated 2013.

14 TENTH CAUSE FOR DISCIPLINE

15 (Dishonesty, Fraud, or Deceit)

16 70. Complainant re-alleges and incorporates by reference the allegations set forth above

17 in the foregoing paragraphs.

18 71. Respondent Zaman's Smog Check Inspector License is subject to disciplinary action

19 under Health and Safety Code sections 44072.10, subdivision (a) and (c) and 44072.2,

20 subdivision (d), in that Respondent Zaman committed dishonest, fraudulent, or deceitful acts

21 whereby another is injured by issuing a smog certificate of compliance for the vehicles listed in

22 paragraphs 40-45, without performing bona fide inspections of the emission control devices and

23 systems on the vehicles, thereby depriving the People of the State of California of the protection

24 afforded by the Motor Vehicle Inspection Program.

25 OTHER MATTERS

26 72. Under Code section 9884.7, subdivision (c), the Director may suspend, revoke or

27 place on probation the registration for all places of business operated in this State by Respondent

20 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION ABC1 Smog upon a finding that Respondent has, or is, engaged in a course of repeated and

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

w 73. Under Health & Safety Code section 44072.8, if Respondent ABC1 Smog's Smog

A Check Station License is revoked or suspended, the Director may likewise revoke or suspend any additional license issued under Chapter 5 of Part 5 of Division 26 of the Health and Safety Code

in the name of Respondent ABCI Smog.

74. Under Health & Safety Code section 44072.8, if Respondent Ruff's Smog Check

Inspector License and/or Smog Check Repair Technician License is/are revoked or suspended,

the Director may likewise revoke or suspend any additional license issued under Chapter 5 of Part

10 5 of Division 26 of the Health and Safety Code in the name of Respondent Ruff.

11 75. Under Health & Safety Code section 44072.8, if Respondent Zaman's Smog Check

12 Inspector License is revoked or suspended, the Director may likewise revoke or suspend any

13 additional license issued under Chapter 5 of Part 5 of Division 26 of the Health and Safety Code

14 in the name of Respondent Zaman.

15 PRAYER

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

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

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

19 281457, issued to Fatima Zohra Zaman, Member, ABCI Smog, LLC, dba ABCI Smog;

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

21 Fatima Zohra Zaman;

22 3. Revoking or suspending Smog Check-Test Only Station License Number TC 281457,

23 issued to Fatima Zohra Zaman, Member, ABC1 Smog, LLC, dba ABC1 Smog;

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

25 Division 26 of the Health and Safety Code in the name of Fatima Zohra Zaman;

26 5. Revoking or suspending Smog Check Inspector License Number EO 632799, issued

27 to Dahani Jameel Ruff, aka Dhani Jameel Ruff;

28 21 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABC1 SMOG) ACCUSATION 6. Revoking or suspending Smog Check Repair Technician License Number EI 632799,

issued to Dahani Jameel Ruff, aka Dhani Jameel Ruff; N

w 7. Revoking or suspending any additional license issued under Chapter 5 of Part 5 of Division 26 of the Health and Safety Code in the name of Dahani Jameel Ruff aka Dhani Jameel Ruff;

8. Revoking or suspending Smog Check Inspector License Number EO 637275, issued

to Mohammad Ausman Zaman;

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

Division 26 of the Health and Safety Code in the name of Mohammad Ausman Zaman;

10 10. Ordering Dahani Jameel Ruff aka Dhani Jameel Ruff, Mohammad Ausman Zaman.

11 Fatima Zohra Zaman and ABC1 Smog LLC to pay the Bureau of Automotive Repair the

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

13 Professions Code section 125.3; and,

14 11. Taking such other and further action as deemed necessary and proper.

16 DATED: October 24, 2017PATRICK PatrickDorain DORAIS 17 Chief Bureau of Automotive Repair 18 Department of Consumer Affairs State of California 19 Complainant

20 SD2017705558 21 81773084.docx

28 22 (DAHANI JAMEEL RUFF, AKA DHANI JAMEEL RUFF, MOHAMMAD AUSMAN ZAMAN, and ABC SMOG, LLC, DBA ABCI SMOG) ACCUSATION