2018

LAWS OF MARYLAND

[Ch. 311

AGENCY BASIS IN THE COMMON-LAW SENSE SHALL FILE WITH THE
COMMISSIONER, IN THE FORM WHICH HE BY RULE PRESCRIBES,
AN IRREVOCABLE CONSENT APPOINTING THE COMMISSIONER OR HIS
SUCCESSOR IN OFFICE TO BE HIS ATTORNEY TO RECEIVE SERVICE
OF ANY LAWFUL PROCESS IN ANY NONCRIMINAL SUIT, ACTION, OR
PROCEEDING AGAINST HIM OR HIS SUCCESSOR OR PERSONAL
REPRESENTATIVE WHICH ARISES UNDER THIS TITLE OR ANY
RULES OR ORDER UNDER THIS TITLE AFTER THE CONSENT HAS
BEEN FILED, WITH THE SAME FORCE AND VALIDITY AS IF SERVED
PERSONALLY ON THE PERSON FILING THE CONSENT.

(2)    A PERSON WHO HAS FILED THE CONSENT IN
CONNECTION WITH A PREVIOUS REGISTRATION NEED NOT FILE
ANOTHER.

(3)    SERVICE MAY BE MADE BY LEAVING A COPY OF
THE PROCESS IN THE OFFICE OF THE COMMISSIONER, BUT IT IS
NOT EFFECTIVE UNLESS:

(I)     THE PLAINTIFF, WHO MAY BE THE
COMMISSIONER, IN A SUIT, ACTION, OR PROCEEDING INSTITUTED
BY HIM, IMMEDIATELY SENDS NOTICE OF THE SERVICE AND A
COPY OF THE PROCESS BY REGISTERED MAIL TO THE DEFENDANT
OR RESPONDENT AT HIS LAST ADDRESS ON FILE WITH THE
COMMISSIONER; AND

(II)   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 ANY FURTHER
TIME THE COURT ALLOWS.

(B) EFFECT OF FAILURE TO FILE CONSENT.

(1)    IF ANY PERSON, INCLUDING ANY NONRESIDENT
OF THIS STATE, ENGAGES IN CONDUCT PROHIBITED OR MADE
ACTIONABLE BY THIS TITLE OR ANY RULE OR ORDER UNDER
THIS TITLE, AND HE HAS NOT FILED A CONSENT TO SERVICE OF
PROCESS UNDER SUBSECTION (A) OF THIS SECTION AND PERSONAL
JURISDICTION OVER HIM CANNOT OTHERWISE BE OBTAINED IN
THIS STATE, THAT CONDUCT IS EQUIVALENT TO HIS
APPOINTMENT OF THE COMMISSIONER OR HIS SUCCESSOR IN
OFFICE TO BE HIS ATTORNEY TO RECEIVE SERVICE OF ANY
LAWFUL PROCESS IN ANY NONCRIMINAL SUIT, ACTION, OR
PROCEEDING AGAINST HIM OR HIS SUCCESSOR OR PERSONAL
REPRESENTATIVE WHICH GROWS OUT OF THAT CONDUCT AND WHICH
IS BROUGHT UNDER THIS TITLE OR ANY RULE OR ORDER UNDER
THIS TITLE, WITH THE SAME FORCE AND VALIDITY AS IF SERVED
ON HIM PERSONALLY.

(2)   SERVICE MAY BE MADE BY LEAVING A COPY OF
THE PROCESS IN THE OFFICE OF THE COMMISSIONER, BUT IT IS
NOT EFFECTIVE UNLESS:

(I) THE PLAINTIFF, WHO MAY BE THE