(1) The division shall disclose to a creditor who has obtained judgment against a debtor the name and address of the last known employer of the debtor if:

1. (a) the judgment creditor obtains a court order requiring disclosure of the information as described in Subsection (2); and
2. (b) the judgment creditor completes the requirements described in Subsection (3), including entering into a written agreement with the division.

(2)

1. (a) A court shall grant an order to disclose the information described in Subsection (1) if, under the applicable Utah Rules of Civil Procedure:

   1. (i) the judgment creditor files a motion with the court, which includes a copy of the judgment, and serves a copy of the motion to the judgment debtor and the division;
   2. (ii) the judgment debtor and the division have the opportunity to respond to the motion; and
   3. (iii) the court denies or overrules any objection to disclosure in the judgment debtor's and the division's response.

2. (b) A court may not grant an order to disclose the information described in Subsection (1), if the court finds that the division has established that disclosure will have a negative effect on:

   1. (i) the willingness of employers to report wage and employment information; or
   2. (ii) the willingness of individuals to file claims for unemployment benefits.
3. (c) The requirements of Subsection 63G-2-202(7) and Section 63G-2-207 do not apply to information sought through a court order as described in this section.

(3) If a court order is granted in accordance with this section, a judgment creditor shall:

1. (a) provide to the division a copy of the order requiring the disclosure;
2. (b) enter into a written agreement with the division, in a form approved by the division;
3. (c) pay the division a reasonable fee that reflects the cost for processing the request as established by department rule; and
4. (d) comply with the data safeguard and security measures described in 20 C.F.R. Sec. 603.9 with respect to information received from the division under this section.

(5) A judgment creditor may not:

1. (a) use the information obtained under this section for a purpose other than satisfying the judgment between the creditor and debtor; or
2. (b) disclose or share the information with any other person.

(7) If a judgment creditor or other party fails to comply with the data safeguard and security measures under 20 C.F.R. Sec. 603.9, the judgment creditor or other party is subject to a civil penalty of no more than $10,000 enforceable by the Utah Office of the Attorney General as follows:

1. (a) the attorney general, on the attorney general's own behalf or on behalf of the division, may file an action in district court to enforce the civil penalty; and

2. (b) if the attorney general prevails in enforcing the civil penalty against the judgment creditor or other party:

   1. (i) the attorney general is entitled to an award for reasonable attorney fees, court costs, and investigative expenses; and
   2. (ii) the civil penalty shall be deposited into the special administrative expense account described in Subsection 35A-4-506(1).