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CITY OF SIOUX CITY, IOWA v. GME, LTD.

No. 97-959.

584 N.W.2d 322 (1998)

CITY OF SIOUX CITY, Iowa, Petitioner-Appellant, v. The Iowa Department of Commerce, Alcoholic Beverages Division, Respondent, GME, LTD. d/b/a Maggie's Mini Mart, Intervenor-Appellee.

Supreme Court of Iowa.

September 23, 1998.

Attorney(s) appearing for the Case

James L. Abshier, City Attorney, for petitioner-appellant.

Gene A. Wickey of Law Office of Gene A. Wickey, Sioux City, for intervenor-appellee GME, Ltd.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, SNELL, and ANDREASEN, JJ.

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.

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