An administrative law judge for the Public Utilities Commission (PUC) heard evidence in a dispute between MountainStar and On Location Events over the operation and advertising of shuttle service to Red Rocks. The hearing proceeded despite a motion to dismiss filed by On Location; the judge declined to decide that motion at the session and left it pending.

The complaint, brought by MountainStar, alleges On Location advertised and offered transportation services to Red Rocks without disclosing it was acting as a transportation broker and without required motor-carrier authority. MountainStar attorney Jedediah Knight said the company seeks both a cease-and-desist and civil penalties for violations of Colorado law. "We believe that penalties are appropriate," Knight told Administrative Law Judge Harris Adams.

Why it matters: the case turns on whether On Location’s website and ticketing practices make it a regulated transportation provider or broker subject to PUC enforcement and, separately, whether statutory and regulatory limits on penalties apply to a non-motor-carrier. The outcome could affect which remedies the PUC may impose and how private competitors may use complaint procedures.

What happened at the hearing
- Judge Harris Adams opened the proceeding for hearing and, after discussion, said he would not decide On Location’s recently filed motion to dismiss during the oral hearing. "The motion to dismiss is not right for consideration at this point in time. And so I would plan to proceed with the hearing in absence of anything else," Adams said. The judge allowed the factual record to proceed and directed the parties that written statements of position may be filed by April 7.

- On Location, through counsel Sean Jennings of Meyer & Stapleton, argued the case should be dismissed on subject-matter grounds after the judge’s recent ruling on federal preemption and because the statutory provision MountainStar relies on — identified in the hearing as "40 10.1112 subsection 2" — addresses relief against motor carriers. Jennings argued that On Location is not a motor carrier and that the remedies MountainStar seeks are therefore limited. “This case is coming to a natural conclusion,” Jennings said, summarizing On Location’s view that the record and a newly added website disclaimer remove any viable claims against On Location.

- MountainStar countered that On Location continued to advertise transportation and had not introduced any evidence rebutting factual findings from the earlier proceeding. Knight said the earlier factual findings showed On Location was advertising transportation without appropriate authority and asked the judge to consider penalties or a cease-and-desist order based on the record.

Evidence and witness testimony
- Rip Van Patten, identified in the hearing as On Location’s program manager, testified that On Location operates a ticketing site for the Red Rocks shuttle program and that ACE Express and Ramblin Express provide and operate the buses. Van Patten said On Location’s branding appears on the site and that customers "would think that they're buying it from On Location because our branding's all over it." He also testified that On Location places a disclaimer on the website and on ticket confirmation pages and that the disclaimer will remain live.

- Roman Lysenko, identified as the owner of MountainStar Transportation (doing business as Red Rocks Shuttle), testified that MountainStar met with On Location staff and followed that meeting with an email explaining PUC rules and identifying relevant staff contacts. Lysenko described the meeting’s purpose as to "cease and desist," and said MountainStar did not enter into any business transaction with On Location afterward. He testified MountainStar filed its complaint after the meeting and subsequent communications did not stop the conduct MountainStar alleges.

- The judge admitted several exhibits into evidence, including email correspondence and website screenshots from both parties (admitted exhibits included items labeled 100, 200, 201, 203, 204, 205 and 206). The secretary of state filing showing MountainStar’s trade name "Red Rocks Shuttle" with a November 2022 filing date was also admitted.

Rulings, next steps and procedure
- The judge overruled some objections related to confidentiality and admitted the offered exhibits, but sustained other objections when questions sought information the court deemed outside the immediate relevance of liability. He said information potentially relevant to assessing penalties could be handled through the PUC’s confidential-protection procedures if necessary.

- The judge declined to rule on On Location’s motion to dismiss at the hearing and said the pleading will proceed "in due course." He provided the parties an opportunity to submit written statements of position; the parties agreed on an April 7 deadline for submission. After the briefing is filed, the judge will take the matter under advisement.

What was not decided
- No final determination was made at the hearing on civil penalties, cease-and-desist relief, or the motion to dismiss. Earlier procedural rulings referenced in the hearing show ACE Express and Ramblin Express have been dismissed from this particular proceeding, leaving MountainStar and On Location as the remaining parties.

The case remains pending. The judge will consider written statements of position and the pending motion to dismiss before issuing a written decision.