N.Y. ENV Law § 19-0509

§ 19-0509. Order or determination; burdens of proof.\n 1. After due consideration of the written and oral statements, the\ntestimony and arguments that shall be submitted under the provisions of\nsection 19-0507 or, upon default in appearance of the respondent on the\nreturn day which shall be specified in the notice given as provided in\nsection 19-0505 the commissioner may issue and enter such final order,\nor make such final determination as he shall deem appropriate under the\ncircumstances, and he shall notify the respondent thereof in writing by\nregistered mail.\n 2. Any such order may require immediate cessation of any activity in\ncontravention of such codes, rules and regulations.\n 3. In connection with determining the appropriate remedy, the\ncommissioner shall consider evidence received at such hearing relating\nto the adequacy and practicability of various means of complying with\nsuch codes, rules and regulations and the financial ability of the\nrespondent so to comply. If the commissioner finds that immediate\ncompliance would be impossible or impracticable either because no\nadequate or practical means of compliance is known or because of\nfinancial inability, his order shall establish the reasonable time or\ntimes within which the required steps, both intermediate and final, are\nto be taken. The burden of proving impossibility, impracticability or\nfinancial inability shall be upon the person claiming the same.\n 4. As to all other issues in proceedings before the commissioner or\nhis designee with respect to any alleged violation of any code, rule or\nregulation which shall have been promulgated by the department pursuant\nto this article, the burden of proof shall be upon the commissioner.\n