West Virginia Code § 21A-5-17c

Service of process on nonresident employer
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If an employer is not a resident of West Virginia, was a resident but has left the State of
West Virginia or is a corporation not authorized to do business in this state and for which
employer services are performed in insured work within the State of West Virginia and
liability for payment of unemployment compensation contributions is due and payable to this
state under the provisions of the West Virginia unemployment compensatione law, such
employer shall be deemed to appoint the Secretary of State of West Virginia, or his
successor in office, to be the employer's true and lawful attorney upon rwhom may be served
all lawful process in any action or any proceeding for all purposes under this chapter and
when served as hereinafter provided such service shall have the same force, effect and
validity as if said nonresident employer were personally served with summons and complaint
in this state. t
Service shall be made by leaving the original and two copies of both the summons and
complaint, and the fee required by section two, article one, chapter fifty-nine of this code,
with the Secretary of State, or in his office, and said service shall be sufficient upon said
nonresident. In the event any such summons asnd complaint is so served on the Secretary of
State he shall immediately cause one of the copies of the summons and complaint to be sent
by registered or certified mail, return receipt requested, to the employer at the latter's last
known or reasonably ascertainable agddress. The employer's return receipt or, if such
registered or certified mail is returned to the Secretary of State refused by the addressee or
for any other reason is undeliveered, such mail showing thereon the stamp of the post-office
department that delivery has been refused, or other reason for nondelivery, shall be
appended to the originaLl summons and complaint, and filed by the Secretary of State in the
clerk's office of the court from which said process issued.

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