Montana PSC appoints staff attorney as hearing examiner for Northwest Services motor-carrier case

The Montana Public Service Commission voted 5–0 on April 7 to appoint department staff attorney Theresa Omens as hearing examiner in docket 2026.01.011, Northwest Services LLC’s application for a class D motor‑carrier authority to provide construction and residential roll‑off service in Flathead County.

Amanda Webster, the commission’s interim chief legal counsel, told commissioners the matter is scheduled for a four‑day contested‑case hearing May 26–29 in Kalispell and recommended that the commission adopt the notice of commission action appointing a hearing examiner. “Theresa is a very capable attorney who has the expertise to manage this contested case proceeding and all the evidentiary matters that would be involved with that,” Webster said.

Webster outlined the contested‑case process: the hearing examiner prepares a proposed order, the parties may file exceptions and present briefs and oral argument, and the commission then reviews the proposed order. Webster noted that, under the commission’s procedures and relevant provisions of the Montana Administrative Procedure Act, the commission may not reject or modify proposed findings of fact unless it determines those findings were not based on competent substantial evidence or the proceeding failed to comply with essential requirements of law.

Commissioners asked whether appointing a hearing examiner would limit commissioner communications with parties and whether explicit independence language should be added to the notice of commission action. Webster responded that the ex parte communication rules cited in the staff memo come from the Montana Administrative Procedure Act and that ex parte restrictions extend until a final decision is issued; she said additional independence provisions could be included in the notice if the commission wished.

Vice President Felder, who moved the motion, said a hearing examiner route focuses the proceeding on the legal requirements and gives a full record for the commission to review. The motion to approve the draft notice of commission action was seconded and carried on a voice vote reported as unanimous, 5–0.

Background provided in staff materials noted that the commission denied a prior Northwest Services application in October 2025 for deficient evidence of fitness; Webster said Northwest Services filed a new application and there are three participants in the matter. The hearing examiner process described would allow a proposed order to be prepared by the examiner for the commission’s subsequent review.

The commission took the action as part of its April 7 work session. The hearing remains scheduled for May 26–29 in Kalispell; the staff memo and notice of commission action in the record provide procedural detail and deadlines for the parties.