2024-05-28 PL-BOA-2024-000104 Coupe Order Exhibits COMBINED_v1

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(1) A non-refundable filing and processing fee of one hundred dollars; (2) Name, address, telephone number,if available, and signature of each petitioner; (3) A designation of the specific provision,rule, or order in question, together with a statement of the controversy or uncertainty involved; and (4) A statement of the petitioner's position or contention; and (5) A memorandum of authorities, containing a full discussion of reasons and legal authorities in support of such position or contention. The declaratory ruling procedure is one "whereby an interested party could seek agency advice as to how a statute, agency rule, or order would apply to particular circumstances not yet determined." Citizens Against Reckless Development v. Zoning Board of Appeals of the City and County of Honolulu ("CARD"), 114 Hawai`i 184, 197, 159 P.3d 143, 156 (2007). "Use of the declaratory ruling procedural device only makes sense where the applicability of relevant law is unknown, either because the agency has not yet acted upon particular factual circumstances, or for some other reason the applicability of some provisions of law have not been brought into consideration." Id. [T]he declaratory ruling procedure was not intended to be utilized to seek review of agency determinations that have already been made and which have not been timely appealed." Id., 114 Hawaii at 196, 159 P.3d at 155. III. ANALYSIS; RULING A. Petitioner's Request The Petition requests the Director to issue a declaratory ruling as to the following questions: 1. Determine whether the Planning Director has the authority to determine—under the HRS, Hawaii Charter, County Code, and the Development Agreement—whether Oceanside is currently in compliance with the terms of the Development Agreement. 5