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Section 30-3-193


Published: 2015

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Section 30-3-193

Section 30-3-193Requests for information by the state Title IV-D agency.

(a) Subject to due process safeguards, including requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to a judicial tribunal, upon request from the state Title IV-D agency, public and private entities and individuals as specified in this section shall provide information when the state Title IV-D agency has reason to believe that the information provides location information or otherwise assists in the administration of the state's child support enforcement program. The information shall be available only for the purposes prescribed herein.



(b) The state Title IV-D agency shall be provided access to information contained in the following records, including automated access from the governmental entities maintaining the records:



(1) State and local governmental agency records for vital statistics including records of marriage, birth, paternity, death, and divorce.



(2) State and local tax and revenue agency records including information on residence address, employer, income, and assets.



(3) State and local governmental agency records concerning real and titled personal property including motor vehicles.



(4) State and local governmental agency records of employment.



(5) State and local governmental agency records of public assistance, food stamps, Medicaid, and Department of Corrections.



(6) State and local governmental agency records relating to law enforcement including, but not limited to, National Crime Information Center records.



(c) The state Title IV-D agency shall be provided access to state and local governmental or nongovernmental agency records of occupational and professional licenses and records concerning the ownership and control of corporations, partnerships, and other business entities.



(d) The state Title IV-D agency shall be provided information pursuant to an administrative subpoena issued by the Title IV-D agency to a public or private company or agency such as a utility or cable television company; provided that such information sought in the subpoena shall be limited to the address of individuals identified by the agency and the name and address of the employer of such individuals.



(e) No entity or individual shall be held liable in any civil or criminal action for disclosing any information to the state Title IV-D agency under this section or for any other action taken in good faith to comply with this section.



(f) The recipient of an administrative subpoena shall be permitted up to 30 calendar days to respond to such subpoena.



(g) The state Title IV-D agency may pay a reasonable fee to a private entity or individual for conducting a data match, records search or other efforts to comply with an administrative subpoena. Such fee shall not exceed the actual costs incurred by the private entity or individual.

(Acts 1997, No. 97-447, p. 772, §4; Act 99-440, p. 887, §1.)