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(3) The decision was arbitrary or capricious or characterized by an abuse <br /> of discretion or clearly unwarranted exercise of discretion. <br /> If the Appellant fails to establish the above, the Board shall affirm/uphold the <br /> Director's decision. <br /> Rohr's first issue is moot, and her second is disproven by the record. Accordingly, she cannot <br /> meet her burden to establish that Public Works violated the law or acted in a clearly erroneous, <br /> arbitrary, capricious, or abusive manner. <br /> III. CONCLUSION <br /> Public Works respectfully asks the BOA to dismiss this appeal because: (1) Rohr's first <br /> issue on appeal -the erroneous issuance of an owner-builder exemption - is moot because Public <br /> Works rescinded the owner-builder exemption on October 27, 2025; and (2) Rohr's second issue <br /> on appeal, where she alleges that the building permit was issued before the Planning Department <br /> granted SMA approval, is not accurate because the record shows that SMA approval was granted <br /> almost three months before the building permit was issued. <br /> Dated: Hilo, Hawai`i, November 7, 2025. <br /> NEIL AZEVEDO, Acting Director, <br /> Department of Public Works, <br /> County of Hawai`i, Appellee <br /> By: /s/ Sinclair Salas-Ferguson <br /> SINCLAIR SALAS-FERGUSON <br /> Deputy Corporation Counsel <br /> Attorney for Public Works <br /> 4 <br />