(a) This section applies to an enforcement action under § 14-4713 of this subtitle for an alleged violation that occurs on or before April 1, 2027. (b) Before initiating any action under § 14-4713 of this subtitle, the Division may issue a notice of violation to the controller or processor if the Division determines that a cure is possible. (c) (1) If the Division issues a notice of violation under subsection (b) of this section, the controller or processor shall have at least 60 days to cure the violation after receipt of the notice. (2) If the controller or processor fails to cure the violation within the time period specified by the Division, the Division may bring an enforcement action under § 14-4713 of this subtitle. (d) In determining whether to grant a controller or processor an opportunity to cure an alleged violation, the Division may consider the following factors: (1) The number of violations; (2) The size and complexity of the controller or processor; (3) The nature and extent of the controller's or processor's processing activities; (4) The likelihood of injury to the public; (5) The safety of persons or property; (6) Whether the alleged violation was likely caused by a human or technical error; and (7) The extent to which the controller or processor has violated this subtitle or similar laws in the past.
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