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APPENDIX B <br /> PLANNING DEPARTMENT <br /> COUNTY OF HAWAI`I <br /> RULES OF PRACTICE AND PROCEDURE <br /> RULE 3. DECLARATORY RULINGS <br /> 3-1 Petitions for Declaratory Rulings <br /> (a) On petition of an interested person, the Director may issue a declaratory order <br /> as to the applicability of any statutory provision, ordinance, or of any rule or order of the <br /> Director or the Department. <br /> (b) Petition for a declaratory ruling shall contain: <br /> (1)A non-refundable filing and processing fee of one hundred dollars; <br /> (2)Name, address, telephone number, if available, and signature of each <br /> petitioner; <br /> (3)A designation of the specific provision, rule, or order in question, <br /> together with a statement of the controversy or uncertainty involved; and <br /> (4)A statement of the petitioner's position or contention; and <br /> (5)A memorandum of authorities, containing a full discussion of reasons <br /> and legal authorities in support of such position or contention. <br /> (c)Within sixty days after the submission of a petition for declaratory ruling, the Director <br /> shall either deny the petition in writing, stating the reasons for such denial or issue a <br /> declaratory order on the matters contained in the petition, or set the matter for a public <br /> hearing, as provided in Sections 3-2, 3-3 and 3-4 of these rules. <br /> 3-2 Request for Public Hearing <br /> The Director, in his discretion, may order that a hearing be held on a declaratory ruling <br /> petition.Any petitioner or party in interest who desires a hearing on a petition for a <br /> declaratory ruling shall submit a written request for a hearing, setting forth in the request <br /> the reasons why the matters alleged in the petition and the supporting material submitted <br /> will not permit the fair and expeditious disposition of the petition and, to the extent that <br /> such request for a hearing is dependent upon factual assertion, shall attach to the request <br /> an affidavit establishing such facts. In the event a hearing is ordered by the Director, the <br /> hearing shall be conducted in accordance with Section 3-3 of this rule. <br /> 6 <br />