75-10-927. Parties to certification proceeding -- waiver -- statement of intent to participate. (1) The parties to a certification proceeding or to a proceeding involving the issuance of a decision, opinion, order, certification, or permit by the board under 75-10-901 through 75-10-945 may include as active parties:
     (a) the applicant;
     (b) each political entity, unit of local government, and government agency entitled to receive service of a copy of the application under 75-10-918;
     (c) a person entitled to receive service of a copy of the application under 75-10-918;
     (d) a nonprofit organization formed in whole or in part to:
     (i) promote conservation or natural beauty;
     (ii) protect the environment, personal health, or other biological values;
     (iii) preserve historical sites;
     (iv) promote consumer interests;
     (v) represent commercial and industrial groups; or
     (vi) promote the orderly development of the areas in which the facility is to be located; and
     (e) any other interested person who establishes an interest in the proceeding.
     (2) The department must be an active party in any certification proceeding in which the department recommends denial of all or a portion of a facility.
     (3) The parties to a certification proceeding may also include, as public parties, any Montana citizen and any party referred to in subsections (1)(b) through (1)(e).
     (4) A party waives the right to be a party if the party does not participate in the hearing before the board.
     (5) Each unit of local government entitled to receive service of a copy of the application under 75-10-918 shall file with the board a statement showing whether the unit of local government intends to participate in the certification proceeding. If the unit of local government does not intend to participate, it shall list in this statement its reasons for failing to do so. This statement of intent must be published before the proceeding begins in a newspaper of general circulation within the jurisdiction of the applicable unit of local government.

     History: En. Sec. 22, Ch. 468, L. 1991.