7-1-1006. Inapplicable to certain official investigations.
(1) Sectionsanddo not apply if an examination of a record is a part of an official investigation by: 7-1-1002 7-1-1003 local police; a sheriff; a peace officer; a city attorney; a county attorney; a district attorney; the attorney general; the Department of Public Safety; the Office of Recovery Services of the Department of Health and Human Services; the Insurance Department; the Department of Commerce; the Benefit Payment Control Unit or the Payment Error Prevention Unit of the Department of Workforce Services; the state auditor; the State Tax Commission; or the Department of Health and Human Services or its designee, when undertaking an official investigation to determine whether an individual qualifies for certain assistance programs as provided in Section. 26B-3-106
(2) Except for the Office of Recovery Services, if a governmental entity listed in Subsectionseeks a record, the entity shall obtain the record as follows: (1) if the record is a nonprotected record, by request in writing that: certifies that an official investigation is being conducted; and is signed by a representative of the governmental entity that is conducting the official investigation; or if the record is a protected record, by obtaining: a subpoena authorized by statute; other legal process: ordered by a court of competent jurisdiction; and served upon the financial institution; or written permission from all account holders of the account referenced in the record to be examined.
(3) If the Office of Recovery Services seeks a record, the Office of Recovery Services shall obtain the record pursuant to: Subsection; 26B-9-104(1)(h) Section; 26B-9-205 Section; or 26B-9-208 Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
(4) A financial institution may not give notice to an account holder or person named or referenced within the record disclosed pursuant to Subsection. (2)(a)
(5) In accordance with Section, the governmental entity conducting the official investigation that obtains a record from a financial institution under this section shall reimburse the financial institution for costs reasonably and directly incurred by the financial institution. 7-1-1004