On November 22, 2005, the Chief Counsel issued an order to Letica Corporation (Appellant) finding Appellant knowingly committed two violations of the Hazardous Materials Regulations (HMR). Appellant had represented, certified and sold two different types of pails as meeting the requirements of the HMR when the pails were not capable of passing all of the required tests. The Order assessed a civil penalty in the amount of $16,800. Appellant failed to meet the requirements for the Chief Counsel to obtain an administrative law judge to preside over a formal hearing on the record. Appellant did not preserve its right to a hearing as required. The appeal is denied.