RECONSIDERATION
STATE OF CALIFORNIA
OFFICE OF ADMINISTRATIVE HEARINGS
[Name withheld]; dba MORAN STAR § OAH Case No. [Number withheld]
SMOG §
Case Name §
§
§
INSPECTION & MAINTENANCE §
PROGRAM §
Agency § Agency Case No. [Number withheld]
[Name withheld]; dba MORAN STAR SMOG’S PETITION FOR RECONSIDERATION
NOW COMES [Name withheld]; dba Moran Star Smog, and files this Petition for Reconsideration, and for cause would show the Office of Administrative Hearings as follows:
- Agency filed a citation against [Name withheld], stating that he was conducting the functions of a smog inspector and/or smog technician without a valid license contrary to 44032 Health and Safety Code.
- The Officer of Administrative Hearings issued a determination against [Name withheld].
- The burden of proof lies on Agency to prove that [Name withheld] was performing a test or repair of an emission control device or system of motor vehicle without a license.
- Agency relies heavily on its representative’s photographs as well as his testimony. None of the paragraphs presented by Agency show [Name withheld] performing a test or repair of an emission control device or system of motor vehicle. All the photographs show is Richard standing beside motor vehicle(s).
- Agency has failed to discharge its burden of proof, warranting the dismissal of its case against [Name withheld].
- [Name withheld] is a law-abiding citizen who has never engaged in the test or repair of an emission control device or system of motor vehicle.
- As a result of Agency’s false claims made against [Name withheld], he has made losses in his business as he can’t operate when his license has been revoked. It is contrary to the principles of justice and fairness for an innocent man to suffer when the party that has brought a case against him has failed to discharge its burden of proof.
- During proceedings, [Name withheld]’s due process rights were violated. [Name withheld] had the right to have appropriate time to go through the documents and evidence presented by Agency.
- The District Attorney’s office mailed [Name withheld] a packet containing documents in regard to this case on 09/28/2021 that was received by Richard on 09/29/2021. The hearing was held on 10/05/2021 and 10/06/2021. Excluding Saturday and Sunday, [Name withheld] had only 4 days to prepare his defense. That was inadequate time for him.
- In People v. Maddox, 67 Cal. 2d 647 (1967), the California Supreme Court held as follows: “These principles are equally applicable to a defendant who competently elects to serve as his own attorney. It is true that such a defendant is not entitled either to privileges and indulgences not accorded defendants who are represented by counsel. People v. Mattson, (1959) 51 Cal. 2d 777, 794 [336 P.2d 937]. But neither is he entitled to less consideration than such persons. In particular he must be given, if he requires it, as much time to prepare for trial as an attorney; and if a reasonable continuance is necessary for this purpose, it must be granted upon timely request.”
- [Name withheld] has been representing himself during these proceedings. [Name withheld] is not a licensed attorney in California and has minimal knowledge of the law and how it operates. As a layman, [Name withheld] needed more time than just 4 days to prepare his rebuttal and defense. The denial of more time to go through the packet of documents and prepare a defense amounts to violation of [Name withheld]’s due process rights.
REASONS WHEREFORE, [Name withheld] respectfully requests the Office of Administrative Hearings to reconsider its determination and subsequently reverse it in favor of Plaintiff.
Dated this ____ day of January, 2022.
Respectfully Submitted,
___________________________________
[Name withheld]
Moran Star Station Smog
[Address withheld]
[Address withheld]
Appearing in pro per
VERIFICATION
I, [Name withheld], being duly sworn depose and say that I am a party in the above-entitled action, that I have read the foregoing Petition for Reconsideration and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of ___________________, 2021.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
I hereby certify that a true and correct copy of the foregoing document was sent on the _____ day of January, 2022 by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:
Stephen A. Aronis
600 West Broadway, Suite 1800
P.O. Box 85266
San Diego, CA 92186-5266
Public: (619) 738-9000
Telephone: (619) 738-9451
Facsimile: (619) 645-2581
Deputy Attorney General
Dated this ____ day of January, 2022.
Respectfully Submitted,
___________________________________
[Name withheld]
Moran Star Station Smog
[Address withheld]
[Address withheld]
Appearing in pro per
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )