Docket Order: PHMSA-2007-28483

The Chief Counsel assessed a civil penalty of $51,500 for six violations of the HMR, including:

representing, marking, and certifying DOT specification and exemption cylinders as having been successfully retested in accordance with the HMR when Respondent had not actually conducted hydrostatic testing; test records showed the cylinders had failed the visual inspection; cylinders were tested by an unauthorized retest operator; Respondent had failed to maintain complete retest and reinspection records; Respondent had failed to maintain current copies of applicable regulations; and Respondent had not provided hazmat training and testing of its hazmat employee.  The Order denies Respondent's request for an Administrative Law Judge hearing on the basis of failure to state any material facts in dispute.