§ 19-0509. Order or determination; burdens of proof.

1. After due consideration of the written and oral statements, the
testimony and arguments that shall be submitted under the provisions of
section 19-0507 or, upon default in appearance of the respondent on the
return day which shall be specified in the notice given as provided in
section 19-0505 the commissioner may issue and enter such final order,
or make such final determination as he shall deem appropriate under the
circumstances, and he shall notify the respondent thereof in writing by
registered mail.

2. Any such order may require immediate cessation of any activity in
contravention of such codes, rules and regulations.

3. In connection with determining the appropriate remedy, the
commissioner shall consider evidence received at such hearing relating
to the adequacy and practicability of various means of complying with
such codes, rules and regulations and the financial ability of the
respondent so to comply. If the commissioner finds that immediate
compliance would be impossible or impracticable either because no
adequate or practical means of compliance is known or because of
financial inability, his order shall establish the reasonable time or
times within which the required steps, both intermediate and final, are
to be taken. The burden of proving impossibility, impracticability or
financial inability shall be upon the person claiming the same.

4. As to all other issues in proceedings before the commissioner or
his designee with respect to any alleged violation of any code, rule or
regulation which shall have been promulgated by the department pursuant
to this article, the burden of proof shall be upon the commissioner.