2007 Minnesota Statutes

326.93 SERVICE OF PROCESS.
    Subdivision 1. [Repealed by amendment, 2007 c 140 art 8 s 19]
    Subd. 2. [Repealed by amendment, 2007 c 140 art 8 s 19]
    Subd. 3. Procedure. Every applicant for licensure or certificate of exemption under sections
326.83 to 326.98 shall irrevocably consent to the appointment of the commissioner and successors
in office to be the applicant's agent to receive service of any lawful process in any noncriminal
suit, action, or proceeding against the applicant or a successor, executor, or administrator which
arises under sections 326.83 to 326.98 or any rule or order thereunder after the consent has been
filed, with the same force and validity as if served personally on the person filing the consent.
Service under this section shall be made in compliance with subdivision 5.
    Subd. 4. Service on commissioner. (a) When a person, including any nonresident of this
state, engages in conduct prohibited or made actionable by sections 326.83 to 326.98, or any
rule or order under those sections, and the person has not consented to service of process under
subdivision 3, that conduct is equivalent to an appointment of the commissioner and successors
in office as the person's agent to receive service of process in any noncriminal suit, action, or
proceeding against the person that is based on that conduct and is brought under sections 326.83
to 326.98, or any rule or order under those sections, with the same force and validity as if served
personally on the person consenting to the appointment of the commissioner and successors in
office. Service under this section shall be made in compliance with subdivision 5.
    (b) Subdivision 5 applies in all other cases in which a person, including a nonresident of
this state, has filed a consent to service of process. This paragraph supersedes any inconsistent
provision of law.
    (c) Subdivision 5 applies in all cases in which service of process is allowed to be made
on the commissioner.
    (d) Subdivision 5 applies to any document served by the commissioner or the department
under section 326B.08.
    Subd. 5. How made. Service of process under this section may be made by leaving a copy
of the process in the office of the commissioner, or by sending a copy of the process to the
commissioner by certified mail, and is not effective unless:
    (1) the plaintiff, who may be the commissioner in an action or proceeding instituted by the
commissioner, sends notice of the service and a copy of the process by certified mail to the
defendant or respondent at the last known address; and
    (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or before the
return day of the process, if any, or within further time as the court allows.
History: 1991 c 306 s 17; 1993 c 245 s 31; 2007 c 140 art 8 s 19