Any employing unit which is not a resident of this state and which exercises the privilege of having one or more individuals perform service for it within this state, and any resident employing unit which exercises that privilege and thereafter removes from this state, shall be deemed thereby to appoint the Secretary of State as its agent and attorney for the acceptance of process in any civil action, as provided in KRS § 341.300 and KRS § 341.310. In instituting such an action against any such employing unit the secretary shall cause such process or notice to be filed with the Secretary of State and such service shall be sufficient service upon such employing unit, and shall be of the same force and validity as if served upon it personally within this state; provided, that, the secretary shall forthwith send notice of the service of such process or notice, together with a copy thereof, by certified mail, return receipt requested, to such employing unit at its last known address and such return receipt, the secretary’s affidavit of compliance with the provisions of this section, and a copy of the notice of service shall be appended to the original of the process filed in the court in which such action is pending.
Effective: July 15, 1980

Ask an employment law question, get an answer ASAP!
Thousands of highly rated, verified employment lawyers
Specialties include: Employment Law, EEOC, Pension and Compensation, Harassment Law, Discrimination Law, Termination Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In Kentucky Statutes 341.305

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • Secretary: means the secretary of the Education and Labor Cabinet or his or her duly authorized representative. See Kentucky Statutes 341.005
  • State: includes , in addition to the states of the United States of America, the
    District of Columbia, Puerto Rico, the Dominion of Canada, and Virgin Islands. See Kentucky Statutes 341.020

History: Amended 1980 Ky. Acts ch. 114, sec. 94, effective July 15, 1980. — Amended
1974 Ky. Acts ch. 74, Art. VI, sec. 107(1); and ch. 315, sec. 71. — Created 1954 Ky. Acts ch. 177, sec. 9.