(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, appoint and
continually engage without interruption the services of an agent
in this state to act as agent for the service of process on whom
all process, and any action or proceeding against it concerning
or arising out of the enforcement of this chapter and RCW 70.157.020(b)(1), may be served in any manner authorized by law.
The service shall constitute legal and valid service of 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
satisfaction of the attorney general.
(2) The nonparticipating manufacturer shall provide notice
to the attorney general thirty calendar days prior to termination
of the authority of an agent and shall further provide proof to
the satisfaction of the attorney general of the appointment of a
new agent no less than five calendar days prior to the
termination of an existing agent appointment. In the event an
agent terminates an agency appointment, the nonparticipating
manufacturer shall notify the attorney general of the termination
within five calendar days and include proof to the satisfaction
of the attorney general of the appointment of a new agent.
(3) Any nonparticipating manufacturer whose cigarettes are
sold in this state, who has not appointed and engaged an agent as
required in this section, shall be deemed to have appointed the
secretary of state as the agent and may be proceeded against in
courts of this state by service of process upon the secretary of
state. However, the appointment of the secretary of state as
agent shall not satisfy the condition precedent for having the
brand families of the nonparticipating manufacturer included or
retained in the directory.
[2003 c 25 § 4.]