Hunter will dispute the claims during an informal conference. Russ Coloton, president of Hunter, told SAM, "We've got some evidence to produce that we feel will address the violations." To start, a radio was available to the employee, but he did not take it with him. As well, Coloton explained that ski patrol was out on the hill at the time of the accident and that it occurred within 1,000 feet of an emergency telephone—the same phone that was used to call the accident in.

The unfortunate incident happened at 8:55 a.m., just five minutes before the trail was to open—the trail had already been cleared by patrol.