§ 19-14-10. Agent for service of process.
(a) Every licensee shall appoint, and thereafter maintain, in this state a resident agent
with authority to accept process for the licensee in this state, including the process
of garnishment.
(1) The appointment shall be filed with the director, or the director's designee, electronically
through the Nationwide Multistate Licensing System. The designation of an agent shall
provide all contact information, including the business address, street, and number,
if any, of the resident agent. Thereafter, if the resident agent changes his or her
business address or other contact information, the licensee shall, within ten (10)
days after any change, file electronically through the Nationwide Multistate Licensing
System notice of the change setting forth the agent's current business address or
other contact information.
(2) If the resident agent dies, resigns, or leaves the state, the licensee shall make
a new appointment and file the new appointment electronically through the Nationwide
Multistate Licensing System. The original designation shall not be revoked until new
appointment shall have been given to some other competent person resident in this
state and filed with the department.
(3) Service of process upon the resident agent shall be deemed sufficient service upon
the licensee.
(4) Any licensee who fails to appoint a resident agent and file the appointment electronically
through the Nationwide Multistate Licensing System, or fails to replace a resident
agent for a period of thirty (30) days from vacancy, shall be liable for a penalty
not exceeding five hundred dollars ($500) and shall be subject to suspension or revocation
of the license.
(5) Upon the filing of any appointment required by this section, a fee of twenty-five
dollars ($25.00) shall be paid to the director for the use of the state.
(6) Any licensee that is a corporation and complies with the provisions of chapter 1.2 of title 7 is exempt from the filing requirements of this section. Any licensee that is a limited
partnership or limited liability company and complies with the provisions of chapters
13.1 and 16 of title 7 is exempt from the requirements of this section.
(b) Any process, including the process of garnishment, may be served upon the director,
or the director's designee, as agent of the licensee in the event that no resident
agent can be found upon whom service can be made, or in the event that the licensee
has failed to designate a resident agent as required, and process may be served by
leaving a copy of the process with a fee of twenty-five dollars ($25.00) which shall
be included in the taxable costs of the suit, action, or proceeding, in the hands
of the director, or the director's designee. This manner of service upon the licensee
shall be sufficient, provided that notice of service and a copy of the process shall
be immediately sent by certified mail by the plaintiff, or the plaintiff's attorney
of record, to the licensee at the latest address filed with the director, or the director's
designee. If the licensee has not filed his or her address pursuant to this chapter,
notice of service shall be given in any manner that the court in which the action
is pending may order as affording the licensee reasonable opportunity to defend the
action or to learn of the garnishment. Nothing contained in this section shall limit
or affect the right to serve process upon a licensee in any other manner now or hereafter
permitted by law.