Imports Performance v. Department of Consumer Affairs

*914 Opinion

INTRODUCTION

Razmik Vartan (Vartan), owner of and doing business as Imports Performance, 1 held an automotive repair dealer registration and smog check station license for Imports Performance. Vartan also held an advanced emission specialist (smog check) technician license. Darryl Rowe (Rowe), a mechanic at Imports Performance, also held an advanced emission specialist technician license. Respondent here and in the proceeding below, the Department of Consumer Affairs, Bureau of Automotive Repair (Bureau), conducted an undercover investigation of the smog check inspection and vehicle repair operations at Imports Performance. Following that investigation, the Bureau revoked Vartan’s smog check station license probation 2 for Imports Performance; revoked and stayed revocation of Rowe’s advanced emission specialist technician license pending completion of four years’ probation; and ordered Vartan, as owner of Imports Performance, and Rowe to pay $35,366.40 for the Bureau’s costs of investigating and prosecuting the case. Imports Performance, Vartan, and Rowe (petitioners) filed a petition for writ of mandate or administrative mandamus to set aside the Bureau’s decision.…