§ 6-27-206 — Enforcement

(1) Not fewer than forty-five days before bringing
an action under subsection (3) of this section, the attorney general must notify in
writing the person alleged to be in violation of this part 2. A court shall dismiss,
without prejudice, an action until the attorney general has complied with this
subsection (1). The notice must contain:

(a) Each specific provision of this part 2 that is alleged to have been violated;
and

(b) The acts or omissions that are alleged to have violated each provision
described in subsection (1)(a) of this section.

(2) The attorney general shall not bring an action under this section if the
person that receives the notice described in subsection (1) of this section:

(a) Cures the described violation within thirty days after receiving the notice;

(b) Provides the attorney general a written statement, made under penalty of
perjury, that the person has:

(I) Cured the violation; and

(II) Made any necessary changes to the person's internal policies to prevent
future violations of this section; and

(c) Provides any necessary supporting documentation that shows how the
violation was cured.

(3) A person that violates this part 2 and does not cure the violation in
accordance with subsections (2)(a) to (2)(c) of this section is subject to the
following and the attorney general may file an action seeking:

(a) A civil penalty of up to ten thousand dollars for each violation; or

(b) An injunction or equitable relief that prevents a further violation of this
part 2.

(4) If the attorney general prevails in an action brought pursuant to this part
2, a court may issue an order requiring the violator to pay reasonable attorney fees
and costs incurred in bringing the action.

Legislative History

Source: L. 2024: Entire part added, (SB 24-066), ch. 141, p. 519, � 1, effective August 7.