The claimant/payee shall state his or her case upon commencement of the proceeding. The claimant/payee will have the opportunity at that time to offer proofs to support the claimant/payee's position that the comptroller's determination of an erroneous payment is incorrect and to call and examine any and all witnesses on behalf of the claimant/payee. Upon being sworn in, the claimant/payee may testify on his or her own behalf. In addition to the presentation of the claimant/payee's case, the hearing officer may hear argument and entertain motions for dismissal or for other appropriate relief.
N.Y. Comp. Codes R. & Regs. Tit. 2 § 131.5