40-360.05. Parties to certification proceedings

A. The parties to a certification proceeding shall include:

1. The applicant.

2. Each county and municipal government and state agency interested in the proposed site that has filed with the chairman of the committee, not less than ten days before the date set for the hearing, a notice of intent to be a party.

3. Any domestic nonprofit corporation or association formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facilities are to be located, that has filed with the chairman of the committee, not less than ten days before the date set for the hearing, a notice of intent to be a party.

4. Such other persons as the committee or hearing officer may at any time deem appropriate.

B. Any person may make a limited appearance in the proceeding by filing a statement in writing with the chairman of the committee not less than five days before the date set for the hearing. A statement filed by a person making a limited appearance shall become part of the record. A person making a limited appearance shall not be a party or have the right to present oral testimony or cross-examine witnesses.

C. Any person may make an appearance in the proceeding on behalf of county, municipal government or state agency notwithstanding the fact that the county, municipality or state agency may be represented on the committee as provided for in section 40-360.01.