KRS 131.614: Appointment of agent by nonresident nonparticipating tobacco product

manufacturer and each of its importers for service of process.

(1) Any nonresident or foreign nonparticipating manufacturer that has not registered to

do business in the state as a foreign corporation or business entity shall, as a

condition precedent to having its brand families included or retained in the

directory:

(a) Appoint and continually engage without interruption the services of an agent

in this state to act as agent for t he service of process on whom all process, and

any action or proceeding against it concerning or arising out of the

enforcement of KRS 131.600 to 131.630, may be served in any manner

authorized by law. The service shall constitute legal and valid service o f

process on the nonparticipating manufacturer. The nonparticipating

manufacturer shall provide the name, address, phone number, and proof of the

appointment and availability of the agent to the Attorney General; and

(b) Cause each of its importers of each of its brand families to be sold in the state

to appoint and continually engage without interruption the services of an agent

in this state for the purposes outlined in paragraph (a) of this subsection.

(2) The nonparticipating manufacturer and each of it s importers shall provide notice to

the Attorney General thirty (30) calendar days prior to termination of the authority

of an agent and shall further provide proof of the appointment of a new agent no

less than five (5) calendar days prior to the terminat ion of an existing agent

appointment. If an agent terminates an agency appointment, the nonparticipating

manufacturer and each of its importers shall notify the Secretary of State and the

Attorney General of the termination within five (5) calendar days an d shall include

proof of the appointment of a new agent.

(3) If a nonparticipating manufacturer or any of its importers do not appoint or

designate an agent as required by this section, the Secretary of State shall serve as

its agent and the nonparticipating manufacturer or its importers, as the case may be,

may be proceeded against in courts of this state by service of process upon the

Secretary of State. The appointment of the Secretary of State as its agent shall not

satisfy the condition precedent to ha ving the nonparticipating manufacturer's brand

families listed or retained in the directory.

(4) The Attorney General may by administrative regulation establish criteria for

validating the appointment of an agent for the purposes of this section.