32 §11308. Consent to service of process

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 111-A: MAINE COMMODITY CODE HEADING: PL 1987, C. 402, PT. A, §174 (RPR)

Subchapter 2: ADMINISTRATION AND ENFORCEMENT

§11308. Consent to service of process

1. Appointment of administrator. When a person, including a nonresident of this State, engages in conduct prohibited or made actionable by the chapter or any rule or order of the administrator, the engaging in the conduct shall constitute the appointment of the administrator as the person's attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor or personal representative, which grows out of that conduct and which is brought under the chapter or any rule or order of the administrator with the same force and validity as if served personally.

[ 1989, c. 542, §82 (AMD) .]

2. Service. Service under subsection 1 may be made by leaving a copy of the process in the office of the administrator, but it is not effective unless:

A. The plaintiff, who may be the administrator in a suit, action or proceeding instituted by the administrator, forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the last address known to the plaintiff; and [1989, c. 542, §82 (AMD).]

B. The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. [1985, c. 643, (NEW).]

[ 1989, c. 542, §82 (AMD) .]

SECTION HISTORY

1985, c. 643, (NEW). 1989, c. 542, §82 (AMD).