(1) Prior to bringing an action to recover a civil penalty for a violation of section 87-1406 or 87-1407, the Attorney General shall provide a controller or processor with a written notice that identifies the specific provision of section 87-1406 or 87-1407 that the Attorney General alleges has been or is being violated.

(2) No such action for a civil penalty shall be initiated if, within forty-five days after receiving the written notice, the controller or processor:

(a) Cures each such alleged violation; and

(b) Provides the Attorney General with a written statement that specifies that each such alleged violation has been cured and that such controller or processor will refrain from further violations of the Agricultural Data Privacy Act.

(3) This section shall not apply to any violation of section 87-1405.