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Gary R. Probst Formerly d/b/a Pro Divers Supply and/or Puget Sound Divers Association

Company Name:
Gary R. Probst Formerly d/b/a Pro Divers Supply and/or Puget Sound Divers Association
Enforcement Order Type:
Decisions on Appeal
Case Number:
95-59-CR-WE
Report Date:
On March 11, 1996, the Chief Counsel issued an Order (the Order) to Gary R. Probst formerly doing business as Pro Divers Supply and/or Puget Sound Divers Association (Respondent) assessing a civil penalty for two violations of the Hazardous Materials (HMR).

The Order found that Respondent knowingly violated 49 C.F.R. §§ 171.2(c), 172.702(b), and 173.34(e)(3). The Order reduced the $3,280 civil penalty originally proposed in the February 13, 1995 Notice of Probable Violation (Notice) to $1,440. This reduction was based on an adjustment of the penalty for Violation 2 (because the regulatory safety training requirement is not applicable to cylinder retesters), and on statements from Respondent concerning the financial condition of the company. Based on Respondent’s statements of poor financial condition, the civil penalty was made payable in six monthly installments of $240 each. By letter dated March 26, 1996, Respondent submitted an appeal of the Order. I find that Respondent received and understood the allegations and evidence, that Respondent participated in each stage of these proceedings, and that no information has been submitted to warrant mitigation of the civil penalty assessed in the Order. The order assessed that a civil penalty of $1,440 is appropriate. The March 11, 1995 Order is affirmed and the appeal is denied.