(1) Following the expiration of the period for an employer to respond to a complaint, the department will make a written determination of the wages and penalty owed, if any.

(2) A copy of the written determination will be mailed to each party involved with the complaint and attorneys of record at their last known address.

(3) A party who receives an adverse decision may request either a redetermination or a formal hearing. The request must be in writing and specify whether a redetermination or a hearing is requested.