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2017 Arkansas Code
Title 17 - Professions, Occupations, and Businesses
Subtitle 3 - Medical Professions
Chapter 90 - Optometrists
Subchapter 1 - General Provisions
§ 17-90-106. Service of process on nonresident practitioner
Universal Citation: AR Code § 17-90-106 (2017)
- (a)
- (1) The performance by a nonresident person, firm, or corporation within this state of any act prohibited or authorized by the terms of this chapter which constitutes the practice of optometry as defined by this chapter, except when done by persons, firms, or corporations having a designated agent for service of process within this state, shall be deemed equivalent to the appointment by the nonresident of the Secretary of State or his or her successor in office to be the true and lawful attorney and agent of the nonresident.
- (2) All lawful process in any action or proceedings against him or her or against any person, firm, or corporation growing out of any action done within this state which may be authorized or prohibited under this chapter may be served upon him or her.
- (3) The performance of the act shall be an agreement by the person, firm, or corporation that any such process against the person, firm, or corporation which is so served shall be of the same legal force and validity as if served on the person, firm, or corporation personally.
- (b)
- (1) Service of process shall be made by serving a copy of the process on the Secretary of State, and the service shall be sufficiently served upon the nonresident.
- (2) Notice of the service and a copy of the process must be forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address.
- (3) The defendant's return receipt or the affidavit of the plaintiff or his or her attorney of compliance therewith must be appended to the writ of process and entered and filed in the office of the circuit court wherein the cause is brought.
- (c) The court in which the action is pending may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.
- (d) Service of summons when obtained upon a nonresident person, firm, or corporation as provided in this section, shall be deemed sufficient service of summons and process to give to any of the courts of this state jurisdiction over the cause of action and over the nonresident defendant and shall warrant and authorize personal judgment against the nonresident person, firm, or corporation in the event that the plaintiff prevails in the action.
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