I am a bit more lenient than many of the techs I know. I would have probably passed it too, but I don't get off on telling other techs how to do their jobs.
I just passed an '85 Vanagon that had failed a couple of times up the street. There was a rubber elbow that had been replaced with a rubber tee with a bolt stuffed in the unused opening: tamper-fail for some, pass for me. I looked and could not come up with a decent pinch point, so I 'N/A'd the EVAP test. And I backed the timing off to 5°ATDC and passed it, unlike the tech up the street who passed it at 5°BTDC. I didn't yell at her for parking in front of the door like she told me the tech up the street did, because I know that it wasn't her fault that my boss has hogged up all the customer parking spots with his used cars for sale.