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Presentation, discussion, and possible action on recommendation to adopt an Agreed Final Order assessing an administrative penalty relating to Rosemont at Meadow Lane (HTC 03433 / CMTS 3421), and a Final Order of debarment for Evan J. Hunden, David B. Ratliff, and Michael Volz
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RECOMMENDED ACTION
recommendation
WHEREAS, Rosemont at Meadow Lane (HTC 03433 / CMTS 3421) (Property), owned by Rosemont Meadow Lane Apartments, LLC, had uncorrected compliance findings relating to the applicable land use restriction agreement and the associated statutory and rule requirements;
WHEREAS, Evan J. Hunden, David B. Ratliff, and Michael Volz (the Responsible Parties) control Rosemont Meadow Lane Manager, LLC, the 100% member of Rosemont Meadow Lane Apartments, LLC;
WHEREAS, Evan J. Hunden has five Actively Monitored Developments, three of which have been referred for an administrative penalty during the last three years;
WHEREAS, David B. Ratliff has seven Actively Monitored Developments, four of which have been referred for an administrative penalty during the last three years;
WHEREAS, Michael Volz has seven Actively Monitored Developments, four of which have been referred for an administrative penalty during the last three years;
WHEREAS, Tex. Gov't Code ?2306.0504(b) states that the Department may debar a person from participation in a Department program on the basis of the person's past failure to comply with any condition imposed by the Department in the administration of its programs;
WHEREAS, 10 TAC ?2.401 defines the violations that are eligible for debarment;
WHEREAS, the Responsible Parties have exceeded the 50% debarment threshold identified at 10 TAC ?2.401(e)(2)(a) to trigger mandatory debarment for repeated violations in a portfolio, with 50% or more of the Actively Monitored Developments under their Control being referred for a penalty in the last three years;
WHEREAS, the Enforcement Committee previously considered debarment in 2022 for the...
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