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114 Hawai`i at 196, 159 P.3d at 155 (explaining declaratory ruling procedure not for review of <br /> past agency decisions which are no longer appealable). <br /> Variance Applications, Questions 6 and 7, seek a determination of whether any <br /> provision, rule or order of the Director or the Department relating to the amendment of County <br /> re-zoning ordinances or development agreements precluded issuance of Variance 10-027. The <br /> questions improperly seek review or affirmance of Variance 10-027's issuance, which is no <br /> longer appealable. See C:AR/), 114 Hawai`i at 196, 159 P.3d at 155. <br /> Dedication of the Halekii Extension, Question 1, seeks a determination of whether <br /> any provision, rule or order of the Director or the Department set forth notice requirements for <br /> the Resolution. The question improperly seeks review or affirmance of a Hawai`i County <br /> Council ("Council") action over which the Director has no authority. <br /> Dedication of the Haleki`i Extension, Questions 2 and 3 improperly seek review or <br /> affirmance of a Council action over which the Director has no authority. <br /> To avoid an unauthorized exercise of discretion,the Director will not address the <br /> Petition's above-referenced questions. <br /> 3. Questions Within the Scope of the Director's Authority <br /> Determining the following questions are within the Director's authority and are <br /> addressed below: <br /> Dedication Requirements, Questions 1 and 2 cite a specific ordinance and request <br /> application to the facts of the case. <br /> Construction Standards, Questions 1, 2 and 5 cite a specific ordinance and request <br /> application to the facts of the case. <br /> 9 <br /> EXHIBIT B 391 <br />