Curing of procedural and formal defects

(1) A breach of procedural or formal provisions that does not render the administrative act void under section 40 is immaterial where 1. the application required for the issuing of the administrative act is made subsequently; 2. the required statement of reasons is given subsequently; 3. the required hearing of a party is carried out subsequently; 4. the resolution of a committee whose participation is required for the issuing of the administrative act is adopted subsequently; 5. the required participation of another authority is carried out subsequently; 6. the required joinder of a party is carried out subsequently.
(2) Acts under subsection (1), nos. 2 to 6 may be carried out subsequently up to the last instance of fact of a social-court or administrative-court proceeding.
(3) Where an administrative act lacks the required statement of reasons, or where the required hearing of a party before the issuing of the administrative act has been omitted, and the timely challenge of the administrative act has thereby been missed, the failure to observe the period for the legal remedy is deemed not to be culpable. The event decisive for the reinstatement period occurs at the point in time at which the omitted procedural act is carried out subsequently.