Investigation of application; witnesses; financial institutions

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46-203. Investigation of application; witnesses; financial institutions

A. When the department receives an application for assistance or service under this title, an investigation and record of the application shall promptly be made, and other information required by the rules of the state department shall be obtained.

B. The state department and the officers and authorized representatives thereof may conduct examinations, subpoena witnesses and require attendance of witnesses and production of books, records and papers, and shall pay witnesses the same fees and mileage paid witnesses in civil actions.

C. Officers and employees who are thereunto authorized by the state department may administer oaths and affirmations.

D. By written request signed by one of its officers, the state department may require any executive officer of a financial institution to furnish to an authorized employee or officer of the department information on current account balances of those persons named in the request as applicants for or recipients of any assistance or service under this title. The method of providing the information and the time frame for reporting this information shall be determined by agreement between the institution and the department.

E. By written request signed by one of its officers, the state department may require any executive officer of a financial institution to furnish to an authorized employee or officer of the department information on account balances of those persons named in the request as recipients of any assistance or service under this title for specified periods of time during the previous five years. The method of providing the information, time frame for reporting the information and amount of compensation for the information service shall be determined by agreement between the institution and the department.

F. No financial institution shall be liable in any civil action for providing such information unless the information provided is false and the financial institution providing the false information does so knowingly and with malice.


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