Section 34-4-25

Licensing of nonresidents.

A nonresident of this state may become an auctioneer or apprentice auctioneer in this state by conforming to the provisions of this chapter, or in the case of a nonresident from a nonlicensing state, such person may be licensed provided an examination is given and passed and the person has at least five years experience in the auction business. Provided further, that if a nonresident auctioneer or apprentice auctioneer has a lawsuit or other legal action filed and pending against him in this or any other state, the board shall not issue a license to him until final disposition of this action, and then only at the discretion of the board. The terms "auctioneer" and "apprentice auctioneer" shall include any individual, firm, company, partnership, association or corporation by whom such "auctioneer" or "apprentice auctioneer" shall be employed. The board may recognize a license issued by any other state to a nonresident auctioneer or apprentice auctioneer if the other state reciprocates with Alabama in like manner and if the licensing requirements of such state include the passing of an examination of equal or higher standards than those required by this state. Such nonresident licensee shall, however, be required to secure a license from the board which shall be issued upon application therefor, accompanied by payment of the license fee required by this chapter and the filing of a certified copy of the applicant's license issued by such other state. Every nonresident applicant shall file an irrevocable consent that actions may be commenced against such 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 board, or a deputy to be designated by it, said consent stipulating and agreeing that said service of such 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 said applicant in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the seal of such corporation. In case of any process or pleadings mentioned in this chapter being served upon the board or upon a deputy to be designated by it, duplicated copies shall be made, one of which shall be filed in the office of the secretary of the board, and the other immediately forwarded by registered or certified mail to the main office of the applicant against which said process or pleadings are directed. No default in said proceedings or action shall be taken unless it shall be made to appear by affidavit of a member of the board, or a deputy designated by it, that a copy of the process or pleadings was mailed to the defendant as herein required. Judgment by default shall be taken in any such action or proceedings within 20 days after the date of the mailing of such process or pleadings to the nonresident defendant.

(Acts 1973, No. 811, p. 1236, §18; Acts 1981, No. 81-378, p. 555, §4.)