75-20-406. Judicial review of board decisions. (1) A person 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 procedure for contested cases under the Montana Administrative Procedure Act.
     (3) When 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 75-20-232 and subsections (1) and (2) of this section. 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 as provided in 75-20-232.
     (4) This section may not 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; amd. Sec. 21, Ch. 329, L. 1997.