Fernando’s Auto Repair v. Bureau of Auto. Repair
Fernando’s Auto Repair (Fernando)[1] appeals from the denial of its petition for a writ of mandate against the Bureau of Automotive Repair and Sherry Mehl as the chief of the Bureau (collectively, the Bureau). Having requested and received supplemental briefs from the parties concerning the potential mootness of the appeal, we shall now dismiss the appeal as moot.
Fernando’s petition seeks to set aside the Bureau’s revocation of its Gold Shield certificate, a certification issued pursuant to Health and Safety Code section 44014.2 authorizing a licensed smog check station such as Fernando to perform additional repair work on vehicles failing an emissions test. Fernando alleges that the certificate was improperly revoked without a formal administrative hearing, although a formal hearing had previously been conducted sustaining the two citations for improper smog inspections upon which the revocation was based. Fernando prayed for a writ of mandate vacating the revocation order, thereby reinstating his Gold Shield certificate. The trial court order denying the petition was entered on February 15, 2012.
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