Sm or RUTH or-msow, Seem? STATE DEPARTMENT OF STATE Lmsma In the matter of: Abbas N. Hammond US Auto Sales hie. 25300 Grand River Ave Redford, MI 48239 Registration Number F165056 I PROBATION AGREEMENT US Auto Sales Inc. (the Registrant), is registered by the Honorable Secretary of State to engage in the business of automotive repair under section 6 257.1306] of the Motor Vehicle Service and Repair Act (the Act) [Act; MCL 257.1301 et seq.]. Business Compliance and Regulation Division alleges that the Registrant violated MVSRA sections 07, 32, and 34 257.1307, 257.1332 and 257.1334] and the Bureau of Automotive Regulation General Rules R32(a), and R36(a) [Rules; Rule; 1999 AC. and by: BUSINESS COMPLIANCE AND REGULATION DIVISION RICHARD H. AUSTIN BUILDING 3RD FLOOR 430 W. ALLEGAN LANSING. MICHIGAN 4891B Phone (1-888-767-6424) FAX (517) 335-2810 Probation Agreement Page 2 of 7 0 Failure to reveal a material fact. EU Gave improper invoice to customer. Charged for repairs not performed. 4. Made, either written or orally, an untrue statement ofa material fact. PI Failed to give written estimate. A Hearing Complaint (complaint) could be ?led in this matter with the Department of State (the Department) pursuant to section 22 of the Act 257.1322] and section 92 of the Administrative Procedures Act MCL 24.292]. If a complaint were ?led, this matter would become a contested case as de?ned in section 3 of the APA 24.203]. As a contested case, the Department would conduct an administrative hearing (hearing) under the procedures established in the APA. The hearing would determine whether the motor vehicle repair facility registration (the registration) held by the Registrant should be suspended or revoked under section 22 of the Act. The Registrant voluntarily, knowingly and expressly WAIVES their rights to the ?ling of a complaint, to a hearing, and the due process requirements of the constitutions of the State of Michigan and the United States of America, including: The right to notice of a hearing and a hearing itself. The right to be represented by an attorney at a hearing. The right to testify and present witnesses and evidence. Probation Agreement Page 3 of 7 The right to confront and cross-examine adverse witnesses. Representatives of the Honorable Ruth Johnson, Secretary of State, and the Registrant agree to enter this Probation Agreement (Agreement) rather than proceed with a hearing. It is agreed that the Department will not hold a hearing, and will not suspend or revoke the motor vehicle repair facility registration of the Registrant for the violations admitted, except as provided in this Agreement. ALL OF THE FOLLOWING ARE FURTHER AGREED: Proper Penalties 1. Proper penalties for the Secretary of State to impose include all of the following: A. The suspension or revocation of the Registrant?s motor vehicle rcpair facility registration. B. The denial of any original application for a motor vehicle repair facility registration submitted by the Registrant or anyone on their behalf, or anyone with whom it is, or may become, af?liated or associated. 2. As the alternative to those penalties, the Secretary of State and the Registrant enter this Agreement. Probation Agreement Page 4 of 7 10. ll. 12. Period of Probation The Registrant will be placed on probation for 18 months, beginning when the Secretary of State?s representative signs this Agreement. General Comglianee Provisions The Registrant agrees to comply with the provisions of the Act and the rules promulgated under the Act. The Registration agrees the Agreement does not affect pending or undetected violations. The Registrant agrees to pay a $1,000.00 ?nancial penalty to the State of Michigan upon commencement of the Probation. The Registrant agrees the Agreement does not affect pending or undetected violations. The Registrant agrees to have all employees responsible for vehicle repair to be properly certi?ed by the State of Michigan in the appropriate specialty area for the repairs being performed. The Registrant agrees to actively maintain his business registration and facility registration while performing repairs for compensation. The Registrant agrees to maintain records for a period of 5 years and make them available for inspection during reasonable or established business hours. The Registrant agrees to properly display mechanic certi?cates for all mechanics employed by his facility. The Registrant agrees to provide properly executed written estimates to all customers for all npairs to be performed by his repair facility prior to starting the repairs. Probation Agreement Page 5 of 7 l3. 14. 15. 16. 17. 18. 19. 20. 21. 22. The Registrant agrees to provide properly executed written invoices for all work performed. The Registrant agrees to charge only for work performed. The Registrant agrees to not misrepresent the standard or grade of parts or services. The Registrant agrees to properly maintain a major component parts log. The Registrant agrees to properly mark all major component parts as required by the Act. The Registrant agrees to have all employees that create estimates, invoices, andlor work orders attend Repair Facility Training within 150 days of the Agreement start date. The Registrant agrees and expects the department will perform a Facility inspection at least once in the ?rst 12 months following the start of the Agreement period. Business Compliance and Regulation Division and the Registrant agree that this Agreement will not prevent Business Compliance and Regulation Division from taking disciplinary action, including action to suspend or revoke the motor vehicle repair facility registration for violations of this Agreement that are also violations of the Act. Effect of Aggeement Violation Any alleged violation of this Agreement by the Registrant will authorize the Secretary of State to convene a hearing to determine if a violation of this Agreement has occurred. If the Secretary of State determines that a violation of this Agreement has occurred, the Registrant?s registration may be suspended or revoked. Probation Agreement Page 6 of 7 23. If a violation of this Agreement is also a violation of the MVSRA or a Rule, the suspension or revocation under Paragraph 3 shall be in addition to, and run consecutively with, any suspension or revocation that may be ordered under section 22 of the MVSRA. Rights Not Waived 24. The Registrant does not waive any rights he has to judicial review of any ?nal order of the Secretary of State suspending or revoking his registration. 25. The Secretary of State does not waive the right to bring an action, and enter an order, under the MVSRA, either jointly with, or separately from, a hearing conducted to determine whether a violation of this Agreement has occurred. 26. The Secretary of State does not waive the right to proceed against the Registrant regarding any additional allegations uncovered as a result of any ongoing or subsequent investigation, whether the transactions predate or postdate this Agreement. Siggatures 27. The persons signing this Agreement are authorized to do so and to bind the parties. THE HONORABLE SON ABBAS N. WOUD SECRET STATE REGISTRANT Dam Le Abbas N. Hammond, Registrant Duly Autho ed Representative Michigan Department of State Business Compliance and Regulation Division Richard H. Austin Building 430 W. Allegan Lansing, Michigan 48918 Date: 3-3 L. Date: 3 Probation Agreement Page 7 of 7