Section 22.42 - Supplemental rules governing the administrative assessment of civil penalties for violations of compliance orders issued to owners or operators of public water systems under part B of the Safe Drinking Water Act(a)Scope. This section shall apply, in conjunction with §§ 22.1 through 22.32 , in administrative proceedings to assess a civil penalty under section 1414(g)(3)(B) of the Safe Drinking Water Act, 42 U.S.C. 300g-3(g)(3)(B) . Where inconsistencies exist between this section and §§ 22.1 through 22.32 , this section shall apply.(b)Choice of forum. A complaint which specifies that subpart I of this part applies shall also state that respondent has a right to elect a hearing on the record in accordance with 5 U.S.C. 554 , and that respondent waives this right unless it requests in its answer a hearing on the record in accordance with 5 U.S.C. 554 . Upon such request, the Regional Hearing Clerk shall recaption the documents in the record as necessary, and notify the parties of the changes.