17-12a611.Service of process.
(a) Signed consent to service of process. A
consent to service of process
required by this act must be signed and filed in the form required
by a rule or order under this act. A consent appointing the
administrator the person's agent for service of process in a
noncriminal action or proceeding against the person, or the person's
successor or personal representative under this act or a rule
adopted or order issued under this act after the consent is filed,
has the same force and validity as if the service were made
personally on the person filing the consent. A person that has
filed a consent complying with this subsection in connection with
a previous application for registration or notice filing need not
file an additional consent.
(b) Conduct constituting appointment of agent for service. If
a person, including a nonresident of this state, engages in an act,
practice, or course of business prohibited or made actionable by this act or a
rule adopted or order issued under this act and the
person has not filed a consent to service of process under
subsection (a), the act, practice, or course of business constitutes
the appointment of the administrator as the person's agent for
service of process in a noncriminal action or proceeding against the
person 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 the
office of the administrator, but it is not effective unless:
(1) The plaintiff, which may be the administrator, promptly
sends notice 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 to service of process or, if a consent to
service 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 this
subsection in the action or proceeding on or before the return day
of the process, if any, or within the time that the court, or the
administrator in a proceeding before the administrator, allows.
(d) Service in administrative proceedings or civil actions by
administrator. Service pursuant to subsection (c) may be used in
a proceeding before the administrator or by the administrator in a
civil action in which the administrator is the moving party. In an
administrative proceeding under this act, service of process may
also be made in accordance with the Kansas administrative procedure act.
(e) Opportunity to defend. If process is served under
subsection (c), the court, or the administrator in a proceeding
before the administrator, shall order continuances as are necessary
or appropriate to afford the defendant or respondent reasonable
opportunity to defend.
17-12a611.Service of process.
(a) Signed consent to service of process. A
consent to service of process
required by this act must be signed and filed in the form required
by a rule or order under this act. A consent appointing the
administrator the person's agent for service of process in a
noncriminal action or proceeding against the person, or the person's
successor or personal representative under this act or a rule
adopted or order issued under this act after the consent is filed,
has the same force and validity as if the service were made
personally on the person filing the consent. A person that has
filed a consent complying with this subsection in connection with
a previous application for registration or notice filing need not
file an additional consent.
(b) Conduct constituting appointment of agent for service. If
a person, including a nonresident of this state, engages in an act,
practice, or course of business prohibited or made actionable by this act or a
rule adopted or order issued under this act and the
person has not filed a consent to service of process under
subsection (a), the act, practice, or course of business constitutes
the appointment of the administrator as the person's agent for
service of process in a noncriminal action or proceeding against the
person 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 the
office of the administrator, but it is not effective unless:
(1) The plaintiff, which may be the administrator, promptly
sends notice 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 to service of process or, if a consent to
service 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 this
subsection in the action or proceeding on or before the return day
of the process, if any, or within the time that the court, or the
administrator in a proceeding before the administrator, allows.
(d) Service in administrative proceedings or civil actions by
administrator. Service pursuant to subsection (c) may be used in
a proceeding before the administrator or by the administrator in a
civil action in which the administrator is the moving party. In an
administrative proceeding under this act, service of process may
also be made in accordance with the Kansas administrative procedure act.
(e) Opportunity to defend. If process is served under
subsection (c), the court, or the administrator in a proceeding
before the administrator, shall order continuances as are necessary
or appropriate to afford the defendant or respondent reasonable
opportunity to defend.
17-12a611.Service of process.
(a) Signed consent to service of process. A
consent to service of process
required by this act must be signed and filed in the form required
by a rule or order under this act. A consent appointing the
administrator the person's agent for service of process in a
noncriminal action or proceeding against the person, or the person's
successor or personal representative under this act or a rule
adopted or order issued under this act after the consent is filed,
has the same force and validity as if the service were made
personally on the person filing the consent. A person that has
filed a consent complying with this subsection in connection with
a previous application for registration or notice filing need not
file an additional consent.
(b) Conduct constituting appointment of agent for service. If
a person, including a nonresident of this state, engages in an act,
practice, or course of business prohibited or made actionable by this act or a
rule adopted or order issued under this act and the
person has not filed a consent to service of process under
subsection (a), the act, practice, or course of business constitutes
the appointment of the administrator as the person's agent for
service of process in a noncriminal action or proceeding against the
person 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 the
office of the administrator, but it is not effective unless:
(1) The plaintiff, which may be the administrator, promptly
sends notice 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 to service of process or, if a consent to
service 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 this
subsection in the action or proceeding on or before the return day
of the process, if any, or within the time that the court, or the
administrator in a proceeding before the administrator, allows.
(d) Service in administrative proceedings or civil actions by
administrator. Service pursuant to subsection (c) may be used in
a proceeding before the administrator or by the administrator in a
civil action in which the administrator is the moving party. In an
administrative proceeding under this act, service of process may
also be made in accordance with the Kansas administrative procedure act.
(e) Opportunity to defend. If process is served under
subsection (c), the court, or the administrator in a proceeding
before the administrator, shall order continuances as are necessary
or appropriate to afford the defendant or respondent reasonable
opportunity to defend.