A. The
Department shall serve a copy of a claimant's wage claim form on the employer
listed on the wage claim, with a request that the employer complete and file
the employer response form within 14 days of the date of service of the
Department's request.
B. If the
Department does not receive the employer response form under subsection (A),
the Department shall serve written notice on the employer stating that the
employer must pay the amount claimed or file a written response to the wage
claim within 14 days of the date of service of the Department's written notice.
C. If the employer timely files the employer response under
subsection (A), but the response is incomplete, the Department shall mail the
employer a notice requesting that the employer file the required information
within 10 days of the date of the Department's notice. If the Department does
not receive the required information within 10 days, the Department shall make
a determination regarding the claim based on the evidence in the
file.
D
C. The Department shall serve a copy of the employer's
response on the claimant and offer the claimant the opportunity to file a
written reply to the employer's response within 14 days from the date of
service. If the Department does not receive claimant's reply within 14 days,
the Department shall make a determination of the claim based on the evidence in
the file.
E
D. If the employer fails or refuses to pay the amount
claimed or submit a written response to the claim in accordance with subsection
(B), the Department shall make a determination of the claim based on the
evidence in the file.
F
E. Upon request from the Department, and if necessary
to complete the Department's investigation, the claimant, the employer, or
both, shall submit further written information or meet with the Director or the
Director's designee. Except for statements made during settlement, mediation,
or an informal conference, the Director or the Director's designee may
administer oaths for the purpose of taking affidavits and may record the
meeting.
G
F. Upon completion of its investigation, the
Department shall serve the Department's determination in writing on the
parties.
