(1) Any disclosure provided for in Section 26B-8-406 shall be made at the discretion of the department.

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(2) Notwithstanding Subsection (1), the disclosure provided for in:

     (2)(a) Subsection 26B-8-406(4) shall be made when the requirements of that paragraph are met; and
     (2)(b) Subsection 26B-8-406(9) is not discretionary.