Legal Opinion

City of Sioux City v. Iowa Department of Commerce

Supreme Court of Iowa

Decided September 23, 1998No. 97-959PublishedCited by 18 opinions

1Opinion of the Court

SNELL, Justice.

The City of Sioux City challenges the authority of the Iowa Department of Commerce, Alcoholic Beverages Division, to promulgate a regulation permitting entry of a default judgment against a party failing to appear at a contested case hearing after receiving proper notice. We conclude the rule is within the agency’s statutory authority and is not in violation of a statute imposing a mandatory penalty on violators. We therefore affirm.

I. Background Facts and Proceedings

Intervenor GME, Ltd., d/b/a/ Maggie’s Mini Mart, is a convenience store located in Sioux City. Maggie’s holds a…

2Cases cited6 opinions

  1. Young Plumbing & Heating Co. v. Iowa Natural Resources CouncilSupreme Court of Iowa · 1979
  2. Overton v. StateSupreme Court of Iowa · 1992
  3. Teleconnect Co. v. Iowa State Commerce CommissionSupreme Court of Iowa · 1987
  4. Houlihan v. Employment Appeal BoardSupreme Court of Iowa · 1996
  5. Walsh v. Schneider National CarriersSupreme Court of Iowa · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Auen v. Alcoholic Beverages Division of Iowa Department of CommerceSupreme Court of Iowa · 2004
  2. T & K Roofing Co. v. Iowa Department of EducationSupreme Court of Iowa · 1999
  3. Hawkeye Land Company v. Iowa Utilities BoardSupreme Court of Iowa · 2014
  4. Iowa Medical Society and Iowa Society of Anesthesiologists v. Iowa Board of NursingSupreme Court of Iowa · 2013
  5. Afscme Iowa Council 61 v. Iowa Public Employment Relations BoardSupreme Court of Iowa · 2014

13 more not listed; retrieve them via the Exa API.

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