Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Nonprotected record: means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:
(i)
the existence of an account;
(ii)
the opening and closing dates of an account;
(iii)
the name under which an account is held; and
(iv)
the name, address, and telephone number of an account holder. See Utah Code 7-1-1001
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:
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.
