(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:

1. (a) local police;
2. (b) a sheriff;
3. (c) a peace officer;
4. (d) a city attorney;
5. (e) a county attorney;
6. (f) a district attorney;
7. (g) the attorney general;
8. (h) the Department of Public Safety;
9. (i) the Office of Recovery Services of the Department of Human Services;
10. (j) the Insurance Department;
11. (k) the Department of Commerce;
12. (l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the Department of Workforce Services;
13. (m) the state auditor;
14. (n) the State Tax Commission; or
15. (o) the Department of Health or its designee, when undertaking an official investigation to determine whether an individual qualifies for certain assistance programs as provided in Section 26-18-2.5.

(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:

1. (a) if the record is a nonprotected record, by request in writing that:

   1. (i) certifies that an official investigation is being conducted; and
   2. (ii) is signed by a representative of the governmental entity that is conducting the official investigation; or

2. (b) if the record is a protected record, by obtaining:

   1. (i) a subpoena authorized by statute;

   2. (ii) other legal process:

      1. (A) ordered by a court of competent jurisdiction; and
      2. (B) served upon the financial institution; or
   3. (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:

1. (a) Subsection 62A-11-104(1)(g);
2. (b) Section 62A-11-304.1;
3. (c) Section 62A-11-304.5; or
4. (d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.