17-12a611.   Service of process.(a) Signed consent to service of process. Aconsent to service of processrequired by this act must be signed and filed in the form requiredby a rule or order under this act. A consent appointing theadministrator the person's agent for service of process in anoncriminal action or proceeding against the person, or the person'ssuccessor or personal representative under this act or a ruleadopted or order issued under this act after the consent is filed,has the same force and validity as if the service were madepersonally on the person filing the consent. A person that hasfiled a consent complying with this subsection in connection witha previous application for registration or notice filing need notfile an additional consent.

      (b)   Conduct constituting appointment of agent for service. Ifa person, including a nonresident of this state, engages in an act,practice, or course of business prohibited or made actionable by this act or arule adopted or order issued under this act and theperson has not filed a consent to service of process undersubsection (a), the act, practice, or course of business constitutesthe appointment of the administrator as the person's agent forservice of process in a noncriminal action or proceeding against theperson or the person's successor or personal representative.

      (c)   Procedure for service of process. Service under subsection(a)   or (b) may be made by providing a copy of the process to theoffice of the administrator, but it is not effective unless:

      (1)   The plaintiff, which may be the administrator, promptlysends notice of the service and a copy of the process, returnreceipt requested, to the defendant or respondent at the address setforth in the consent to service of process or, if a consent toservice of process has not been filed, at the last known address,or takes other reasonable steps to give notice; and

      (2)   the plaintiff files an affidavit of compliance with thissubsection in the action or proceeding on or before the return dayof the process, if any, or within the time that the court, or theadministrator in a proceeding before the administrator, allows.

      (d)   Service in administrative proceedings or civil actions byadministrator. Service pursuant to subsection (c) may be used ina proceeding before the administrator or by the administrator in acivil action in which the administrator is the moving party. In anadministrative proceeding under this act, service of process mayalso be made in accordance with the Kansas administrative procedure act.

      (e)   Opportunity to defend. If process is served undersubsection (c), the court, or the administrator in a proceedingbefore the administrator, shall order continuances as are necessaryor appropriate to afford the defendant or respondent reasonableopportunity to defend.

      History:   L. 2004, ch. 154, § 50; July 1, 2005.