Section 28-17-19 - Interference with the office and retaliation prohibited; penalty; civil; appealA. No person shall willfully interfere with the lawful actions of the office, including the request for immediate entry into a long-term care facility.B. No person shall institute discriminatory, disciplinary or retaliatory action against any resident, employee or other person for filing a complaint, providing information to or otherwise cooperating with a representative of the office.C. Any person who violates Subsection A of this section shall be subject to a civil penalty of up to five thousand dollars ($5,000) per occurrence. Any person who violates Subsection B of this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) per occurrence. The agency may assess and collect the penalty after notice and an opportunity for hearing, before a hearing officer designated by the agency to hear the matter, upon a determination that a person willfully interfered with the office or discriminated, disciplined or retaliated against an individual who communicated or disclosed information to the office in good faith pursuant to Subsection A or B of this section. The hearing officer has the power to administer oaths on request of any party and issue subpoenas and subpoenas duces tecum. However, if the violation is against a person covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978], the office shall refer the matter to the agency employing the person for disciplinary action.D. Any party may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.Laws 1989, ch. 208, § 19; 1997, ch. 257, § 11; 1998, ch. 55, § 39; 1999, ch. 265, § 41.