Disclosure of financial records of customers by financial institutions
- • liability
(1) Upon request of the administrator and the receipt of the certification required under subsection (2) of this section, a financial institution shall provide financial records of a customer or claimant.
(2) In requesting information under subsection (1) of this section, the administrator shall provide the name and Social Security number of the person whose financial records are sought and shall state with reasonable specificity the financial records requested. The administrator shall provide to the financial institution a signed document in a form established by the Department of Justice certifying that:
(a) The person whose financial records are sought is a party to a proceeding to establish, modify or enforce the child support obligation of the person; and
(b) The administrator has authorization from the person for release of the financial records, has given the person written notice of its request for financial records or will give the notice within five days after the financial institution responds to the request.
(3) The administrator shall reimburse a financial institution supplying financial records under this section for actual costs incurred.
(4) A financial institution, including an institution-affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)), that supplies financial records to the administrator under this section is not liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure of the financial records.
(5) A financial institution that is requested to supply financial records under this section may enter into an agreement with the administrator concerning the method by which requests for financial records and responses from the financial institution shall be made.
(6) The administrator shall provide a reasonable time to the financial institution for responding to a request for financial records.
(7) The administrator shall seek financial records under this section only:
(a) With respect to a person who is a party to a proceeding to establish, modify or enforce the child support obligation of the person; or
(b) According to the provisions of ORS 25.083 (High-volume automated administrative enforcement services). [1997 c.746 §122; 1999 c.930 §4; 2001 c.455 §13; 2009 c.80 §4; 2017 c.486 §3]
Note: See note under 25.640 (Definitions for ORS 25.643 and 25.646).
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