(1) Sections 7-1-1002 and 7-1-1003 do not apply if an examination of a record is a part of an official investigation by: (a) local police; (b) a sheriff; (c) a peace officer; (d) a city attorney; (e) a county attorney; (f) a district attorney; (g) the attorney general; (h) the Department of Public Safety; (i) the Office of Recovery Services of the Department of Health and Human Services; (j) the Insurance Department; (k) the Department of Commerce; (l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the Department of Workforce Services; (m) the state auditor; (n) the State Tax Commission; or (o) 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 Subsection (1) seeks a record, the entity shall obtain the record as follows: (a) if the record is a nonprotected record, by request in writing that: (i) certifies that an official investigation is being conducted; and (ii) is signed by a representative of the governmental entity that is conducting the official investigation; or (b) if the record is a protected record, by obtaining: (i) a subpoena authorized by statute; (ii) other legal process: (A) ordered by a court of competent jurisdiction; and (B) served upon the financial institution; or (iii) 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: (a) Subsection 26B-9-104(1)(h); (b) Section 26B-9-205; (c) Section 26B-9-208; or (d) 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 7-1-1004, 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.
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