2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000104)

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incorporated below by reference. The Conclusions of Law below, to the extent they constitute Findings of Fact, are incorporated into the Findings of Fact above. DECLARATORY RULINGS 2. HRS § 91-8 provides that: "Any interested person may petition an agency for a declaratory order as to the applicability of any statutory provision or of any rule or order of the agency. Each agency shall adopt rules prescribing the form of the petitions and the procedure for their submission, consideration, and prompt disposition. Orders disposing of petitions in such cases shall have the same status as other agency orders." 3. PD Rule 3-1(a) authorizes the Planning Director"to issue a declaratory order as to the applicability of any statutory provision, ordinance, or of any rule or order of the Director or the [Planning] Department." 4. "[T]he declaratory ruling procedure of HRS § 91-8 is meant to provide a means of seeking a determination of whether and in what way some statute, agency rule, or order, applies to the factual situation raised by an interested person." CARD, 114 Hawai`i at 196-97, 159 P.3d at 155-56 (underline in original); see also Fasi v. State Public Ennp't Relations Bd., 60 Haw. 436, 444, 591 P.2d 113, 118 (1979) (HRS § 91-8 "is designed to provide a means for securing from an agency its interpretation of relevant statutes, rules and orders."). 5. "By empowering agencies generally with the authority to adopt rules regarding the manner in which declaratory ruling petitions shall be considered and disposed of, the legislature has granted agencies discretion with regard to the consideration of declaratory rulings. The boundaries of that discretion, which normally are defined by the legislature, may in such cases be established with reference to the agency rules themselves, or by reading the statute and the agency rules in tandem." CARD, 114 Hawai`i at 194-95, 159 P.3d at 153-54. 15 4860-2001-2538.2.051730-00058