§ 65-2a-28

A. An applicant for an operating authority shall file with the department an appointment in writing of a resident agent for service of process. The appointment shall specify the address of the agent and shall stipulate that service upon the appointed agent of process of the department or of a court shall have the same force and effect as if service had been made personally upon the motor carrier within this state. The appointment shall continue in force until the motor carrier files an appointment of a substitute agent or until liability against the motor carrier growing out of its operations in the state has terminated. A copy of the appointment, duly certified by the department, shall be accepted as sufficient evidence of appointment of an agent in a court of the state.B. If the holder of an operating authority from the department operates without appointing a resident agent for service of process, or the department has unsuccessfully attempted to serve process upon the designated resident agent, the holder shall be deemed to have appointed the secretary of state as its resident agent for service of process in an action or proceeding against the motor carrier growing out of an

resident agent, the holder shall be deemed to have appointed the secretary of state as its resident agent for service of process in an action or proceeding against the motor carrier growing out of an accident, collision or transaction in which the motor carrier may be involved by operating in this state. C. If the secretary of state is served with process directed to the holder of an operating authority from the department, the secretary of state shall forward the process by certified mail to the motor carrier at the address shown on its last change of address report, annual report or application with respect to its operating authority, whichever is most recent. The secretary of state shall file a certificate of service with the department, which shall be accepted as prima facie proof of service. D. The secretary of state shall assess to the motor carrier the fee prescribed in Section 65-2A-36 NMSA 1978 for a process from a court served upon the secretary of state but shall not charge a fee for service of department process.E. The principal motor carrier of a household goods agent shall be deemed to be the agent for service of process of the household goods agent unless the

charge a fee for service of department process.E. The principal motor carrier of a household goods agent shall be deemed to be the agent for service of process of the household goods agent unless the household goods agent notifies the department in writing of the substitution of another agent for service of process.History: Laws 2003, ch. 359, § 28; 2013, ch. 73, § 26; 2013, ch. 77, § 26; 2023, ch. 100, § 54. ANNOTATIONSThe 2023 amendment, effective July 1, 2024, removed references to the public regulation commission due to the transfer of certain powers and duties to the department of transportation; and changed each occurrence of 'commission' to 'department' throughout the section. The 2013 amendment, effective July 1, 2013, changed terms; in Subsection B, at the beginning of the sentence, deleted 'a motor carrier owning' and added 'the holder of' and after 'resident agent, the', deleted 'motor carrier' and added 'holder'; in Subsection C, after 'directed to', deleted 'a motor carrier owning' and added 'the holder of'; and in Subsection D, after 'Section', deleted '36 of the Motor Carrier Act' and added '65-2A-36 NMSA 1978'.