The failure of the claimant/payee or the claimant/payee's representative to appear at a scheduled hearing without a timely and proper adjournment pursuant to section 131.8 of this Part will result in a finding that the comptroller's determination of erroneous payment was correct and the comptroller may take any lawful action, including but not limited to recovery through the State Wide Offset Program pursuant to sections 171-d and 171-f of the New York Tax Law.
N.Y. Comp. Codes R. & Regs. Tit. 2 § 131.9