76-4-1251. Service of process. (1) In addition to the methods of service of process provided for in the Montana Rules of Civil Procedure, service may be made upon any person for any cause arising under the provisions of this part by delivering a copy of the process to the office of the department, but it is not effective unless:
     (a) the plaintiff (which may be the board in a proceeding instituted by it) immediately sends a copy of the process and of the pleading by registered or certified mail to the defendant or respondent at his last known address; and
     (b) 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.
     (2) If any person, including any nonresident of this state, engages in conduct prohibited by this part or any rule or order hereunder and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct authorizes the department to receive service of process in any noncriminal proceeding against him or his successor which grows out of the conduct and which is brought under this part or any rule or order hereunder with the same force and validity as if served on him personally. Notice shall be given as provided in subsection (1).

     History: En. Sec. 19, Ch. 97, L. 1969; amd. Sec. 344, Ch. 350, L. 1974; R.C.M. 1947, 67-2135.