Section 49-28-36.4 - Designation of agent to receive process--Contents and effect--Failure to filedesignates secretary of state as agent--Procedure. - South Dakota Statutes

49-28-36.4. Designation of agent to receive process--Contents and effect--Failure to file designates secretary of state as agent--Procedure. Any nonresident exempt motor carrier shall, before a registration permit is issued under this chapter, designate and maintain in this state an agent upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier arising from its carrier operations. Service of process upon or acceptance or acknowledgment of the service by the agent has the same legal force and validity as if duly served upon the nonresident carrier personally. The designation of agent shall be in writing, shall give the name and address of the agent, and shall be filed in the office of the department. Any nonresident regulated motor carrier shall file with its registration state the name of an agent to receive service of process from South Dakota pursuant to 49 USC § 13303(b) and 49 USC § 13304 as of January 1, 2005. Upon failure of any nonresident motor carrier to file a designation of agent as provided by this section, the nonresident motor carrier shall be conclusively considered to have designated the secretary of state as such agent. Service of process upon or acceptance or acknowledgment of the service by the secretary of state has the same legal force and validity as if duly served upon such nonresident carrier personally if notice of the service and a copy of the process are immediately sent by registered mail by the secretary of state, to the nonresident carrier, if the carrier's address be known. Service of the process upon the secretary of state shall be made by delivering to the secretary of state's office two copies of the process with a fee of three dollars to cover the costs of handling and mailing the process.

Source: SDCL, § 49-28-36 as added by SL 1973, ch 284, § 1; SDCL Supp, § 49-28-36.3; SL 1974, ch 297; SL 1985, ch 374, § 32; SL 1994, ch 356, § 5; SL 1999, ch 223, § 5; SL 2006, ch 234, § 7.