27-513.01. Appointment by drilling permittee of attorney upon whom to serve process

A. The acceptance of a permit to drill under section 27-513 shall be deemed to constitute and be the appointment of the commission by the permittee as his true and lawful attorney upon whom may be served all legal process in an action against such permittee growing out of or in any way connected with said permittee's use, occupancy, or activities upon the drilling unit or tract of land under single ownership for which his permit shall have issued, including, but not limited to, liabilities to the state, debts contracted by such permittee for labor upon or materials furnished to his drilling site, and violations of the securities act of Arizona.

B. Service of process under subsection A of this section shall be made by leaving a copy of the summons and complaint and a fee of two dollars with any member, officer, or employee of the commission in the commission's office during office hours, and shall be deemed sufficient service upon the permittee if either of the following are complied with:

1. The plaintiff forthwith sends notice of such service and a copy of the summons and complaint by registered mail to the permittee defendant at the latest address for such permittee shown by records in the office of the commission, appends the defendant's return receipt and plaintiff's affidavit of compliance with this section to the original summons and files them with the court within such time as the court allows.

2. The plaintiff serves notice of such service and a copy of the summons and complaint upon defendant, if found without this state, by a duly constituted officer qualified to serve like process in the state or jurisdiction where the defendant is found, and files with the court within such time as the court allows, the officer's return showing that the notice, copy of the summons and complaint were served as provided by this section upon defendant.

C. The court in which the action is pending may order postponements necessary to afford defendant reasonable opportunity to defend the action.

D. The commission shall keep a record, which shall include the day and hour of service, of all process served upon it under this section.

E. The fee paid to the commission at the time of service shall be taxed as costs in the suit if plaintiff recovers, and shall be paid into the fund.