§ 28-29-9 - Service of process on nonresident employers.
SECTION 28-29-9
§ 28-29-9 Service of process onnonresident employers. – Every employer, subject to or who elects to become subject to the provisions ofchapters 29 – 38 of this title, other than a corporation, who is not aresident of the state or an unincorporated association, a firm or apartnership, having no members resident of the state, shall file with thedirector a duly executed written power appointing some competent personresident in this state as the employer's agent with authority to accept serviceof process against the employer in this state and upon whom all process,including the process of garnishment, against the employer in this state may beserved, and who, in case of garnishment when the fees for it have been paid ortendered, shall make the affidavit required by law in those cases, and whoshall cause an appearance to be entered in like manner as if the employer hadresided and been duly served with process within this state. Service of processupon the resident agent shall be deemed sufficient service upon the employer.If the resident agent dies, resigns, or moves from the state, the employershall file with the director a further written power appointing some othercompetent person residing in this state as agent for service of processpurposes. No power of agency shall be revoked until after a like power has beengiven to some other competent person resident in this state and filed asprovided. Any nonresident employer who has duly filed a withdrawal of electionto be subject to the provisions of chapters 29 – 38 of this title mayrevoke his or her power of agency by a written instrument of revocation filedwith the director. No revocation shall be effective as to any liability arisingout of any act or omission on the part of the employer occurring prior to thetime when the withdrawal of acceptance of the provisions of those chaptersbecame effective.