409.6-611. Service of process.
Service of process.
409.6-611. (a) A consent to service of process complying withsection 409.6-611 required by this act must be signed and filed in the formrequired by a rule or order under this act. A consent appointing thecommissioner the person's agent for service of process in a noncriminalaction or proceeding against the person, or the person's successor orpersonal representative under this act or a rule adopted or order issuedunder this act after the consent is filed, has the same force and validityas if the service were made personally on the person filing the consent. Aperson that has filed a consent complying with this subsection inconnection with a previous application for registration or notice filingneed not file an additional consent.
(b) If a person, including a nonresident of this state, engages in anact, practice, or course of business prohibited or made actionable by thisact or a rule adopted or order issued under this act and the person has notfiled a consent to service of process under subsection (a), the act,practice, or course of business constitutes the appointment of thecommissioner as the person's agent for service of process in a noncriminalaction or proceeding against the person or the person's successor orpersonal representative.
(c) Service under subsection (a) or (b) may be made by providing acopy of the process to the office of the commissioner, but it is noteffective unless:
(1) The plaintiff, which may be the commissioner, promptly sendsnotice 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 toservice of process or, if a consent to service of process has not beenfiled, at the last known address, or takes other reasonable steps to givenotice; and
(2) The plaintiff files an affidavit of compliance with thissubsection in the action or proceeding on or before the return day of theprocess, if any, or within the time that the court, or the commissioner ina proceeding before the commissioner, allows.
(d) Service pursuant to subsection (c) may be used in a proceedingbefore the commissioner or by the commissioner in a civil action in whichthe commissioner is the moving party.
(e) If process is served under subsection (c), the court, or thecommissioner in a proceeding before the commissioner, shall ordercontinuances as are necessary or appropriate to afford the defendant orrespondent reasonable opportunity to defend.
(L. 2003 H.B. 380)Effective 9-01-03