75-5-610. Written undertaking. (1) Except as provided in subsection (2), if the person requesting a hearing under 75-5-611 is not the applicant or permittee of an energy development project, the district court shall require a written undertaking to be given by the party requesting the hearing for the payment of costs and damages incurred by the applicant or permittee if the request for judicial review was for an improper purpose designed to harass, cause unnecessary delay, or improperly interfere with the issuance of the permit without a reasonable basis in law or fact.
(2) The district court may not require a written undertaking if the party requesting the hearing is an indigent person.
History: En. Sec. 7, Ch. 445, L. 2009.
Structure Montana Code Annotated
Title 75. Environmental Protection
Part 6. Enforcement, Appeal, and Penalties
75-5-602. Power to require monitoring
75-5-604. Information obtained to relate to standards
75-5-605. Prohibited activity -- exemption
75-5-606. through 75-5-609 reserved
75-5-611. Violation of chapter -- administrative actions and penalties -- notice and hearing
75-5-612. Additional sanctions authorized
75-5-614. Injunctions authorized
75-5-615. Violators subject to penalties
75-5-616. Enforcement of permits and chapter
75-5-617. Enforcement response
75-5-618. Liability -- defense and exclusions
75-5-619. and 75-5-620 reserved
75-5-622. Additional emergency powers
75-5-623. through 75-5-630 reserved
75-5-631. Civil penalties -- injunctions not barred -- venue
75-5-633. Penalties for false statements and falsifying monitoring
75-5-634. Disposition of fines and civil penalties
75-5-635. Costs and expenses -- recovery by department
75-5-636. Investigation of complaints by other parties
75-5-637. through 75-5-640 reserved
75-5-641. Appeals from board orders -- review by district court