(1) Following the expiration of an employer's response time, the department will issue a determination of the wages and penalty owed, if any. 

(2) The determination will incorporate any decision of the department's independent contractor central unit regarding the employment status. 

(3) The department will send a copy of the determination to each party or attorneys of record.

(4) Failure of an employer to timely respond to a claim or complaint may result in the entry of a determination adverse to the employer.

(5) A party receiving an adverse determination may request either a redetermination or a hearing.