Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
80A.88 SECTION 611; SERVICE OF PROCESS.
(a) Signed consent to service of process. A consent to service of process complying with
this section required by this chapter must be signed and filed in the form required by a rule or
order under this chapter. 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 chapter or a rule adopted or order issued under this chapter 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 chapter or a rule adopted or order issued under this chapter 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.
(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.
History: 2006 c 196 art 1 s 48
NOTE: This section, as added by Laws 2006, chapter 196, article 1, section 48, is effective
August 1, 2007. Laws 2006, chapter 196, article 1, section 52.
(a) Signed consent to service of process. A consent to service of process complying with
this section required by this chapter must be signed and filed in the form required by a rule or
order under this chapter. 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 chapter or a rule adopted or order issued under this chapter 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 chapter or a rule adopted or order issued under this chapter 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.
(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.
History: 2006 c 196 art 1 s 48
NOTE: This section, as added by Laws 2006, chapter 196, article 1, section 48, is effective
August 1, 2007. Laws 2006, chapter 196, article 1, section 52.
Official Publication of the State of Minnesota
Revisor of Statutes