§ 19-14-10 Attorney for service ofprocess. – (a) Every licensee shall appoint and thereafter maintain in this state aresident attorney with authority to accept process for the licensee in thisstate, including the process of garnishment.
(1) A document evidencing the power of attorney shall befiled with the director or the director's designee. The power of attorney shallstate the business address, including street and number, if any, of theresident attorney. Thereafter, if the resident attorney changes his or herbusiness address, he or she shall, within ten (10) days after any change, filein the office of the director or the director's designee notice of the changesetting forth the attorney's current business address.
(2) If the resident attorney dies, resigns, or leaves thestate, the licensee shall make a new appointment and file the power of attorneyin the office of the director or the director's designee. The power of attorneyshall not be revoked until this power of attorney shall have been given to someother competent person resident in this state and filed with the director orthe director's designee.
(3) Service of process upon the resident attorney shall bedeemed sufficient service upon the licensee.
(4) Any licensee who fails to appoint a resident attorney andfile the power of attorney in the office of the director or the director'sdesignee as above provided for, or fails to replace a resident attorney for aperiod of thirty (30) days from vacancy, shall be liable for a penalty notexceeding five hundred dollars ($500).
(5) Upon the filing of any power of attorney required by thissection a fee of twenty-five dollars ($25.00) shall be paid to the director forthe use of the state.
(6) Any licensee that is a corporation and complies with theprovisions of chapter 1.2 of title 7 is exempt from the power of attorneyfiling requirements of this section. Any licensee that is a limited partnershipor limited liability company and complies with the provisions of chapters 13and 16 of title 7 is exempt from the power of attorney requirements of thissection.
(b) Any process, including the process of garnishment, may beserved upon the director or the director's designee as agent of the licensee inthe event that no resident attorney can be found upon whom service can be made,or in the event that the licensee has failed to designate a resident attorneyas required, and process may be served by leaving a copy of the process with afee of twenty-five dollars ($25.00) which shall be included in the taxablecosts of the suit, action, or proceeding, in the hands of the director or thedirector's designee. This manner of service upon the licensee shall besufficient, provided that notice of service and a copy of the process shall beimmediately sent by certified mail by the plaintiff or the plaintiff's attorneyof record to the licensee at the latest address filed with the director or thedirector's designee. If the licensee has not filed his or her address pursuantto this chapter, notice of service shall be given in any manner that the courtin which the action is pending may order as affording the licensee reasonableopportunity to defend the action or to learn of the garnishment. Nothingcontained in this section shall limit or affect the right to serve process upona licensee in any other manner now or hereafter permitted by law.
§ 19-14-10 Attorney for service ofprocess. – (a) Every licensee shall appoint and thereafter maintain in this state aresident attorney with authority to accept process for the licensee in thisstate, including the process of garnishment.
(1) A document evidencing the power of attorney shall befiled with the director or the director's designee. The power of attorney shallstate the business address, including street and number, if any, of theresident attorney. Thereafter, if the resident attorney changes his or herbusiness address, he or she shall, within ten (10) days after any change, filein the office of the director or the director's designee notice of the changesetting forth the attorney's current business address.
(2) If the resident attorney dies, resigns, or leaves thestate, the licensee shall make a new appointment and file the power of attorneyin the office of the director or the director's designee. The power of attorneyshall not be revoked until this power of attorney shall have been given to someother competent person resident in this state and filed with the director orthe director's designee.
(3) Service of process upon the resident attorney shall bedeemed sufficient service upon the licensee.
(4) Any licensee who fails to appoint a resident attorney andfile the power of attorney in the office of the director or the director'sdesignee as above provided for, or fails to replace a resident attorney for aperiod of thirty (30) days from vacancy, shall be liable for a penalty notexceeding five hundred dollars ($500).
(5) Upon the filing of any power of attorney required by thissection a fee of twenty-five dollars ($25.00) shall be paid to the director forthe use of the state.
(6) Any licensee that is a corporation and complies with theprovisions of chapter 1.2 of title 7 is exempt from the power of attorneyfiling requirements of this section. Any licensee that is a limited partnershipor limited liability company and complies with the provisions of chapters 13and 16 of title 7 is exempt from the power of attorney requirements of thissection.
(b) Any process, including the process of garnishment, may beserved upon the director or the director's designee as agent of the licensee inthe event that no resident attorney can be found upon whom service can be made,or in the event that the licensee has failed to designate a resident attorneyas required, and process may be served by leaving a copy of the process with afee of twenty-five dollars ($25.00) which shall be included in the taxablecosts of the suit, action, or proceeding, in the hands of the director or thedirector's designee. This manner of service upon the licensee shall besufficient, provided that notice of service and a copy of the process shall beimmediately sent by certified mail by the plaintiff or the plaintiff's attorneyof record to the licensee at the latest address filed with the director or thedirector's designee. If the licensee has not filed his or her address pursuantto this chapter, notice of service shall be given in any manner that the courtin which the action is pending may order as affording the licensee reasonableopportunity to defend the action or to learn of the garnishment. Nothingcontained in this section shall limit or affect the right to serve process upona licensee in any other manner now or hereafter permitted by law.
§ 19-14-10 Attorney for service ofprocess. – (a) Every licensee shall appoint and thereafter maintain in this state aresident attorney with authority to accept process for the licensee in thisstate, including the process of garnishment.
(1) A document evidencing the power of attorney shall befiled with the director or the director's designee. The power of attorney shallstate the business address, including street and number, if any, of theresident attorney. Thereafter, if the resident attorney changes his or herbusiness address, he or she shall, within ten (10) days after any change, filein the office of the director or the director's designee notice of the changesetting forth the attorney's current business address.
(2) If the resident attorney dies, resigns, or leaves thestate, the licensee shall make a new appointment and file the power of attorneyin the office of the director or the director's designee. The power of attorneyshall not be revoked until this power of attorney shall have been given to someother competent person resident in this state and filed with the director orthe director's designee.
(3) Service of process upon the resident attorney shall bedeemed sufficient service upon the licensee.
(4) Any licensee who fails to appoint a resident attorney andfile the power of attorney in the office of the director or the director'sdesignee as above provided for, or fails to replace a resident attorney for aperiod of thirty (30) days from vacancy, shall be liable for a penalty notexceeding five hundred dollars ($500).
(5) Upon the filing of any power of attorney required by thissection a fee of twenty-five dollars ($25.00) shall be paid to the director forthe use of the state.
(6) Any licensee that is a corporation and complies with theprovisions of chapter 1.2 of title 7 is exempt from the power of attorneyfiling requirements of this section. Any licensee that is a limited partnershipor limited liability company and complies with the provisions of chapters 13and 16 of title 7 is exempt from the power of attorney requirements of thissection.
(b) Any process, including the process of garnishment, may beserved upon the director or the director's designee as agent of the licensee inthe event that no resident attorney can be found upon whom service can be made,or in the event that the licensee has failed to designate a resident attorneyas required, and process may be served by leaving a copy of the process with afee of twenty-five dollars ($25.00) which shall be included in the taxablecosts of the suit, action, or proceeding, in the hands of the director or thedirector's designee. This manner of service upon the licensee shall besufficient, provided that notice of service and a copy of the process shall beimmediately sent by certified mail by the plaintiff or the plaintiff's attorneyof record to the licensee at the latest address filed with the director or thedirector's designee. If the licensee has not filed his or her address pursuantto this chapter, notice of service shall be given in any manner that the courtin which the action is pending may order as affording the licensee reasonableopportunity to defend the action or to learn of the garnishment. Nothingcontained in this section shall limit or affect the right to serve process upona licensee in any other manner now or hereafter permitted by law.
