Tennessee § 62-19-117 - Reciprocity — Service of process on nonresidents.

§ 62-19-117. Reciprocity — Service of process on nonresidents.

A nonresident of this state may become an auctioneer or affiliate auctioneer in this state by conforming to this chapter, except that a nonresident auctioneer or affiliate auctioneer regularly engaged in the auction business as a vocation and maintaining a definite place of business in some other state is not required to maintain a place of business in this state. The commission may recognize a license issued by any other state to a nonresident auctioneer or affiliate auctioneer if the nonresident auctioneer or affiliate auctioneer is domiciled in the other state that issued the license, the other state reciprocates with this state in like manner and the licensure requirements of the other state include the passing of an examination of equal or higher standards than those required by this state. The nonresident shall, however, be required to secure a license from the commission, which shall be issued upon application for the license, accompanied by the license fee required by this chapter and the filing of a certified copy of the applicant's license issued by the other state. Every nonresident auctioneer shall maintain an escrow account for all funds belonging to others that come into the nonresident auctioneer's possession as a result of an auction sale in this state. Every nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in the county in this state in which a cause of action may arise, in which the plaintiff may reside, by service of any process or pleadings authorized by laws of this state on the commission, or a deputy to be designated by it, the consent stipulating and agreeing that the service of process or pleading shall be begun and held in all courts to be as valid and binding as if due service had been made upon the applicant in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the seal of the corporation. In case of any process or pleadings mentioned in this chapter being served upon the commission or upon a deputy to be designated by it, duplicate copies shall be made, one (1) of which shall be filed in the office of the administrative director of the commission and the other immediately forwarded by registered mail to the main office of the applicant against which the process or pleadings are directed. No default in the proceedings or action shall be taken unless it is made to appear by affidavit of a member of the commission or a deputy designated by it that a copy of the process or pleadings was mailed to defendant as required by this subsection (e). No judgment by default shall be taken in any such action or proceedings within twenty (20) days after the date of the mailing of the process or pleadings to the nonresident defendant. The Tennessee auctioneer commission has the authority to impose any fee or licensing requirements on applicants for licenses from a reciprocal state that the reciprocal state imposes on Tennessee licensees by rule, regulation, policy or law. Acts 1967, ch. 335, § 18; 1976, ch. 824, § 8; T.C.A., § 62-1918; Acts 1983, ch. 250, § 15; 1987, ch. 62, § 3; 1990, ch. 1026, § 4; 1995, ch. 61, § 1; 1997, ch. 91, § 6; 1999, ch. 358, § 1; 2019, ch. 471, §§ 17, 18. Compiler's Notes. Acts 1999, ch. 358, § 13 provided for the authorization of the commissioner to promulgate rules and regulations to effectuate the purposes of the amendment to (e)(1) by the act and that all such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1999, ch. 358, § 14 provided that the amendment to (e)(1) by the act will not apply to any court sale. Amendments. The 2019 amendment substituted “affiliate auctioneer” for “apprentice auctioneer” throughout (a) and (b)(1); and deleted “shall obtain a firm license as provided in § 62-19-111 and” preceding “shall maintain an escrow account” in (c). Effective Dates. Acts 2019, ch. 471, § 21. July 1, 2019. Cross-References. Certified mail instead of registered mail, § 1-3-111 .