321E.23 - FAILURE TO RECEIVE COPY OF PROCESS.
321E.23 FAILURE TO RECEIVE COPY OF PROCESS. When a final order is entered against any permit holder who did not receive notice of service and a copy of the process by registered mail, the permit holder shall within six months after the entry of the order appear before the issuing authority and file a verified statement showing that the permit holder did not receive such notice of service and the copy of the process. The permit holder shall further show that the permit holder has a good and substantial defense to the action and may appear and answer the allegations made against the permit holder. Thereupon, the proceedings may be had as if the permit holder had appeared in due time and no order had been entered. If it appears at the hearing that the order ought not to have been entered, the order may be set aside, altered, or amended as shall appear just; otherwise it shall be ordered to stand affirmed against such permit holder.
Section History: Early Form [C71, 73, 75, 77, 79, 81, § 321E.23]