75-20-406. Judicial review of board and department decisions. (1) Any active party, as defined in 75-20-221, aggrieved by the final decision of the board on an application for a certificate may obtain judicial review of that decision by the filing of a petition in a state district court of competent jurisdiction.
     (2) The judicial review procedure is the same as that for contested cases under the Montana Administrative Procedure Act.
     (3) When the board or department conducts hearings pursuant to 75-20-216(3) and 75-20-218 and the applicant is granted a permit or certification, with or without conditions, pursuant to the laws administered by the department and the board and this chapter, the decision may be appealed only in conjunction with the final decision of the board as provided in subsections (1) and (2). If an air or water quality permit or certification is denied by the department or the board, the applicant may:
     (a) appeal the denial under the appellate review procedures provided in the air and water quality laws administered by the department and the board; or
     (b) reserve the right to appeal the denial by the department or the board until after the board has issued a final decision.
     (4) Nothing in this section may be construed to prohibit the board from holding a hearing as provided in this section on all matters that are not the subject of a pending appeal by the applicant under subsection (3)(a).

     History: En. Sec. 12, Ch. 327, L. 1973; amd. Sec. 12, Ch. 494, L. 1975; R.C.M. 1947, 70-812; amd. Sec. 20, Ch. 676, L. 1979; amd. Sec. 8, Ch. 539, L. 1981; amd. Sec. 233, Ch. 418, L. 1995.