Md. Code Ann., Com. Law § 14-4714
Notice of violations; opportunities to cure
Effective Oct 1, 2025Added by Acts 2024, c. 454, § 1, eff. Oct. 1, 2025; Acts 2024, c. 455, § 1, eff. Oct. 1, 2025. Amended by Acts 2024, c. 382, § 5.State of Maryland
- (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.
Added by Acts 2024, c. 454, § 1, eff. Oct. 1, 2025; Acts 2024, c. 455, § 1, eff. Oct. 1, 2025. Amended by Acts 2024, c. 382, § 5.