On April 28, 2005, the Office of Chief Counsel issued an Order to Desco Carbonic Inc., d.b.a. Knox Fire Extinguisher (Respondent), finding Respondent had committed the following three violations of the Hazardous Materials Regulations (HMR), and assessing a penalty in the amount of $1,950: Violation No. 1. Representing, certifying, and marking DOT specification cylinders as having been successfully retested in accordance with the HMR, when Respondent failed to confirm the accuracy of the test equipment. Violation No. 2. Representing, certifying, and offering DOT specification cylinders as having been successfully retested in accordance with the HMR, without maintaining complete retest and reinspection records. Violation No. 3. Allowing employees to perform a function subject to the HMR, when the employees’ records of training were not created and retained. The appeal was received on June 7, 2005, well after the 20-day filing deadline, as defined in 49 C.F.R. § 107.1; therefore, the appeal is denied, for the reasons discussed more fully below, and Respondent is assessed a civil penalty in the amount of $1,950.