| | |
§16611.__Service of process |
|
| | | 1.__Signed consent to service of process.__A consent to | | service of process must be signed and filed on a form designated | | by the administrator. A consent appointing the administrator the | | person's agent for service of process in a noncriminal action or | | proceeding against the person, or the person's successor or | | personal representative under this chapter or a rule adopted or | | order issued under this chapter after the consent is filed, has | | the same force and validity as if the service were made | | personally on the person filing the consent. A person that has | | filed a consent complying with this subsection in connection with | | a previous application for licensing or registration or a | | previous exemption or notice filing need not file an additional | | consent. |
|
| | | 2.__Conduct constituting appointment of agent for service.__If | | a person, including a nonresident of this State, engages in an | | act, practice or course of business prohibited or made actionable | | by this chapter or a rule adopted or order issued under this | | chapter and the person has not filed a consent to service of | | process under subsection 1, the act, practice or course of | | business constitutes the appointment of the administrator as the | | person's agent for service of process in a noncriminal action or | | proceeding against the person or the person's successor or | | personal representative. |
|
| | | 3.__Procedure for service of process.__Service under | | subsection 1 or 2 may be made by providing a copy of the process | | to the office of the administrator, but it is not effective | | unless: |
|
| | | A.__The plaintiff, which may be the administrator, promptly | | sends notice of the service and a copy of the process, | | return receipt requested, to the defendant or respondent at | | the address set forth in the consent to service of process | | or, if a consent to service of process has not been filed, | | at the last known address or takes other reasonable steps to | | give notice; and |
|
| | | B.__The plaintiff files an affidavit of compliance with this | | subsection in the action or proceeding on or before the | | return day of the process, if any, or within the time that | | the court, or the administrator in a proceeding before the | | administrator, allows. |
|
| | | 4.__Service in administrative proceedings or civil actions by | | administrator.__Service pursuant to subsection 3 may be used |
|
|