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Director if the BOA finds that the decision is: (a) in violation of the Code or other applicable <br /> law; (b) clearly erroneous in view of the reliable, probative, and substantial evidence on the <br /> whole record; or(c) arbitrary, or capricious, or characterized by an abuse of discretion or clearly <br /> unwarranted exercise of discretion. BOA Rule 8-15; BOA Rule 8-13. <br /> V. ARGUMENTS SPECIFIC TO THE OCEANSIDE ORDER: THE PLANNING <br /> DIRECTOR'S FAILURE TO ANSWER OCEANSIDE'S REQUESTS. <br /> A. The Planning Director Erred by not Ruling Upon Requests he Determined <br /> were Properly Before Him, and not Issuing Oceanside's Requested Rulings. <br /> The Hawai`i Supreme Court has explained that "[b]y empowering agencies generally <br /> with the authority to adopt rules regarding the manner in which declaratory ruling petitions shall <br /> be considered and disposed of, the legislature has granted agencies discretion with regard to the <br /> consideration of declaratory rulings." Citizens Against Reckless Dev. v. Zoning Bd. of Appeals of <br /> City & Cnty. of Honolulu, 114 Haw. 184, 194-95, 159 P.3d 143, 153-54 (2007) ("CARD"). An <br /> agency's "decisions to refuse to issue a declaratory ruling [are] reviewed under the `abuse of <br /> discretion' standard, with reference to the language of HRS § 91-8 and the bases for refusal <br /> enumerated in the [agency's] rule." Id. at 195, 159 P.3d at 154. <br /> In the Oceanside Order, the Planning Director correctly ruled that the following eight <br /> Requests were within his jurisdiction and properly before him under PD Rule 3: <br /> • Dedication Requirements: <br /> o Request 1: Whether the express terms of Ordinance No. 96-7 require the <br /> dedication of the Mauka Haleki`i Extension, Makai Haleki`i Extension, or <br /> Connector Road? <br /> o Request 2: Whether the express terms of Ordinance No. 96-8 require the <br /> dedication of the Mauka Haleki`i Extension, Makai Haleki`i Extension, or <br /> Connector Road by a date certain or any milestone in the development of <br /> Hokuli`a? <br /> • Construction Standards: <br /> o Request 1: Whether the express terms of the Ordinances set specific <br /> construction standards to which the Mauka Haleki'i Extension, Makai <br /> 4881-6366-3335.6.051730-00058 13 <br />