Section 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.