Fees paid under protest to the secretary of state and deposited by him in the state treasury are recoverable only by a suit against the state and not against the secretary of state. For such purpose permission is hereby given by this section to maintain actions against the state in the cases and to the extent that such actions might be maintained against the secretary of state, if the fees were held by him. Service of process shall be made on the attorney general, who shall represent the state.
R.C. §111.19