Subdivision 1. Requirement. (a) When a person, including any nonresident of this state, engages in conduct prohibited or made actionable by chapters 45 to 83, 155A, 309, and 332, and section 326B.802, or any rule or order under those chapters, and the person has not filed a consent to service of process under chapters 45 to 83, 155A, 309, and 332, and section 326B.802, that conduct is equivalent to an appointment of the commissioner as the person's attorney to receive service of process in any noncriminal suit, action, or proceeding against the person which is based on that conduct and is brought under chapters 45 to 83, 155A, 309, and 332, and section 326B.802, or any rule or order under those chapters.
(b) Subdivision 2 applies in all other cases under chapters 45 to 83, 155A, 309, and 332, and section 326B.802, or any rule or order under those chapters, 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 2 applies in all cases in which service of process is allowed to be made on the commissioner of commerce.
Subd. 2. 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.
1987 c 336 s 3; 1989 c 209 art 2 s 5; 1989 c 330 s 3; 1992 c 564 art 2 s 1; 1997 c 222 s 4; 1999 c 137 s 3; 2007 c 140 art 8 s 30; art 13 s 4
Structure Minnesota Statutes
Chapter 45 — Department Of Commerce; General Powers
Section 45.0112 — Street And Email Addresses Required.
Section 45.012 — Commissioner.
Section 45.013 — Power To Appoint Staff.
Section 45.0135 — Commerce Fraud Bureau.
Section 45.014 — Seal Of Department Of Commerce.
Section 45.015 — Proof Of Mailing.
Section 45.016 — Service Of Orders Or Other Papers.
Section 45.022 — Consumer Satisfaction; Commerce.
Section 45.026 — Regulation Of Business Of Financial Planning.
Section 45.027 — Investigations And Subpoenas.
Section 45.028 — Service Of Process.
Section 45.029 — Financial Statement.
Section 45.0291 — Department Bonds.
Section 45.0292 — License Reciprocity.
Section 45.21 — Application Fees.
Section 45.22 — License Education Approval.
Section 45.23 — License Education Fees.
Section 45.24 — License Technology Fees.
Section 45.26 — Payment Of Fees.
Section 45.28 — Textbooks Required.
Section 45.29 — Initial Education.
Section 45.30 — Continuing Education.
Section 45.301 — On-demand Continuing Education; Requirements.
Section 45.304 — Verification Requirements.
Section 45.305 — Prelicense Education Courses Offered Over The Internet.
Section 45.306 — Continuing Education Courses Offered Over The Internet.
Section 45.307 — Education Provider.
Section 45.31 — Course Coordinator.
Section 45.33 — Prohibited Practices For Coordinators And Instructors.
Section 45.36 — Supplementary Materials.
Section 45.37 — Advertising Courses.
Section 45.38 — Notice To Students.
Section 45.40 — Falsification Of Reports.
Section 45.41 — Disciplinary Action.