58-3319. Service of process. (a) In addition to the methods of service provided for in the rules of civil procedure, service may be made by delivering a copy of the process to the office of the commissioner, but it is not effective unless the plaintiff (which may be the commissioner in a proceeding instituted by the commissioner):

(1) Forthwith sends a copy of the process and of the pleading by certified or registered mail to the defendant or respondent at his or her last known address, and

(2) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(b) If any person, including any nonresident of this state, engages in conduct prohibited by this act or any rule or regulation or order hereunder, and has not filed a consent to service of process and personal jurisdiction over said person cannot otherwise be obtained in this state, that conduct authorizes the commissioner to receive service of process in any noncriminal proceeding against said person or his or her successor which grows out of that conduct and which is brought under this act or any rule or regulation or order hereunder, with the same force and validity as if served on him or her personally. Notice shall be given as provided in subsection (a).

History: L. 1967, ch. 311, § 19; L. 1976, ch. 241, § 15; July 1.