On April 30, 2004, the Chief Counsel issued an Order to Austin Pruitt Fire and Safety Equipment, Inc. (Respondent) assessing a civil penalty in the amount of $22,185 for the following violations of the HMR. Violation 1: Representing, marking and certifying DOT specification cylinders as having been successfully retested in accordance with the HMR when respondent did not hold current DOT approval. Violation 2: Representing marking and certifying DOT specification and exemption cylinders as having been successfully retested in accordance with the HMR, when the results of the hydrostatic test indicated that the cylinders had permanent expansion in excess of condemnation criteria. Violation 3: Representing, marking and certifying and offering DOT specification and exemption cylinders as having been successfully retested in accordance with the HMR, when the respondent failed to maintain a copy of the HMR and current copies of the applicable exemptions. Violation 4: Failing to provide a cylinder owner written notification that the results of the hydrostatic test indicated that the cylinder had permanent expansion in excess of the condemnation criteria. Violation 5: representing marking certifying and offering foreign cylinders as meeting the requirements of the HMR, when Respondent marked the cylinders with its retester identification number. Violation 6: Representing Marking and certifying DOT specification cylinders as having been successfully retested in accordance with the HMR, when Respondent didn't maintain accurate records of its inspections and hydrostatic tests. Violation 7: Representing Marking and certifying and offering DOT specification cylinders as having been successfully retested in accordance with the HMR, when Respondent failed to verify, on each day it retested cylinders, that its test equipment was accurate to within one percent of each cylinders's test pressure. Allowing an employee to perform a function covered by the HMR, when Respondent was not maintaining hazardous material training records. In order, which is incorporated herein by reference, RSPA's Chief Counsel modified the $24,650.00 civil penalty originally proposed in the March 23, 2001 Notice of Probable Violation Notice. There was not sufficient evidence to set aside the findings of the violation or warrant mitigation of the Civil penalty assessed in the Chief Counsel's Order. It was determined that the civil penalty of $22,185.00 was appropriate.