(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.