Section 7-1-1006 - Inapplicable to certain official investigations(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:(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;(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)(g);(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.Amended by Chapter 327, 2023 General Session ,§ 11, eff. 5/3/2023.Amended by Chapter 344, 2011, 2011 General Session.