50-09-08.2. Power of state agency and employees and agents
1. In implementing programs under title IV-D, the state agency, and the officials,
employees, and agents of the agency may:
a. Conduct examinations;
b. Require by subpoena the attendance of witnesses and the production of books,
records, and papers;
c. Compensate witnesses and individuals producing books, records, including
records maintained in automated databases, and papers in amounts determined
by the state agency, not to exceed actual reasonable costs incurred and not to
include any costs incurred by a financial institution that has not entered into an
agreement under subdivision h nor costs incurred by any person that reflects the
difference between responding to a subpoena and providing information under
subdivision g or k;
d. Impose a fiscal sanction of no more than twenty-five dollars for each day against
a person who fails to attend as a witness or produce books, records, or papers;
e. Require genetic testing of appropriate individuals when necessary in disputed
paternity cases, to determine the relationship of parent and child, and:
(1) Pay the costs of such testing, subject to recoupment from the alleged father
if paternity is established; and
(2) Obtain additional testing in any case if an initial test result is contested, upon
request and advance payment by the contestant;
f. Make application to the district court to compel participation in genetic testing, the
attendance of witnesses, the production of books, records, and papers, and the
payment of fiscal sanctions imposed under this section;
g. Notwithstanding any provision of this code making the records confidential, in
addition to or in lieu of a subpoena, obtain access, including automated access in
the case of records maintained in automated databases, to:
(1) Records of other state and local government agencies, including:
(a) Vital statistics, including records of marriage, birth, and divorce;
(b) Local tax and revenue records, including information on residence
address, employer, income, and assets;
(c) Records concerning real and titled personal property;
(d) Records of occupational and professional licenses and records
concerning the ownership and control of corporations, partnerships,
and other business entities;
(e) Employment security records;
(f) Workforce safety and insurance records identifying the last-known
address of a person who owes or who is owed support, the wage-loss
benefits, permanent partial impairment benefits, death benefits, or
additional benefits that person has received or is entitled to receive
from the organization, and whether and where that person is currently
employed;
(g) Records of all agencies administering public assistance programs;
(h) Records of the department of transportation, which access is not
subject to the requirements in section 39-16-03;
(i) Corrections records;
(j) Law enforcement records; and
(k) Subject to an agreement with the state tax commissioner, state tax
and revenue records, including information on residence address,
employer, income, and assets; and
(2) Certain information contained in records held by private entities with respect
to individuals who owe or are owed child support, or against or with respect
to whom a child support obligation is sought, subject to safeguards on
privacy and information security, consisting of:
(a) The names, addresses, social security numbers, and other requested
relevant income or asset information of such individuals and the
names and addresses of the employers of such individuals, as
appearing in customer records of public utilities, including cellular and
wireless telephone service providers, and cable television companies,
pursuant to an administrative subpoena if requested; and
(b) Information on assets and liabilities on those individuals held by
financial institutions;
h. Enter into agreements with financial institutions doing business in the state, and
with the assistance, or through the agency, of the secretary, with financial
institutions doing business in two or more states:
(1) To develop and operate, in coordination with those financial institutions, a
data match system, using automated data exchanges to the maximum
extent feasible, in which each such financial institution is required to provide
in each calendar quarter the name, record address, social security number
or other taxpayer identification number, and other identifying information for
each noncustodial parent who maintains an account at such financial
institution and who owes past-due support, as identified by the state agency
by name and social security number or other taxpayer number; and
(2) Under which such financial institution, in response to a notice of lien or an
execution, will encumber or surrender, as the case may be, assets held by
such institution on behalf of any noncustodial parent who is subject to a lien
for unpaid child support;
i. For purposes of locating parents or alleged parents of children receiving services
under title IV-D, provide all federal and state agencies conducting activities under
title IV-D with access to:
(1) Records of the department of transportation; and
(2) Law enforcement records;
j. Notwithstanding any provision of law making the records confidential:
(1) Provide access to information identifying the amount of payment necessary
to obtain the release of a lien taken by the state agency in any property to
secure the payment of child support; and
(2) Upon payment of a sufficient amount, satisfy and release that lien; and
k. Upon agreement, exchange information, including social security numbers, with a
person listed in subdivision g for the purpose of identifying individuals who owe or
are owed child support, or against or with respect to whom a child support
obligation is sought, and any income, assets, or liabilities of those individuals.
2. All information received under this section, if confidential under some other provision
of law, is subject to the penalties under section 50-06-15 and is confidential, except
that the information may be used in the administration of any program administered by
or under the supervision and direction of the state agency and as specifically
authorized by the rules of the state agency. Any information received under this
section, if not subject to section 44-04-18 and section 6 of article XI of the Constitution
of North Dakota in the possession of the person providing the information, is exempt
from section 44-04-18 and section 6 of article XI of the Constitution of North Dakota.
Any person acting under the authority of the state agency who pursuant to this
subsection obtains information from the office of the state tax commissioner, the
confidentiality of which is protected by law, may not divulge such information except to
the extent necessary for the administration of the child support enforcement program
or when otherwise directed by judicial order or otherwise provided by law.
3. a. As provided in title IV-D, a person is immune from suit or any liability under any
federal or state law:
(1) For any disclosure of information, in any form, made under this section, to
the state agency, a county agency, a human service zone, or an official,
employee, or agent of either;
(2) For encumbering or surrendering any assets held by a financial institution in
response to a notice of lien or an execution issued by the state agency as
provided in section 28-21-05.2 and chapter 35-34; or
(3) For any other action taken in good faith to comply with the requirements of
this section.
b. The court shall award reasonable attorney's fees and costs against any person
who commences an action that is subsequently dismissed by reason of the
immunity granted by this section.
4. The officers and employees designated by the human service zones or the state
agency may administer oaths and affirmations.
5. All employing or contracting entities within this state, including for-profit, nonprofit, and
governmental employers, shall provide information on the employment, compensation,
and benefits of any individual employed by such entity as an employee or contractor
within ten days of a request made under subsection 1 or made by the agency of any
other jurisdiction charged with administration of programs under title IV-D. An entity
that receives a request for which a response is required by this section is subject to a
fiscal sanction of twenty-five dollars for each day, beginning on the eleventh day after
the request is made and not complied with.
