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Zendo Kern, Hawai'i County Planning Director Corporation Counsel Jean K. Campbell, Esq. <br /> and E. Britt Bailey, Deputy Corporation also appeared on behalf of the Planning <br /> Counsel, appeared on behalf of the Planning Director. Among other things, Ms. Campbell <br /> Department. Charles Coupe of C&J Coupe sat at the counsel table with Ms. Bailey during <br /> Family Limited Partnership, Kenneth R. the hearing. <br /> Kupchak, Esq., and Mark M. Murakami, Esq. <br /> appeared on behalf of Intervenor. <br /> b. Specific Objections to the Planning Director's Proposed Conclusions of Law. <br /> Oceanside submits the following specific objections to the Planning Director's Proposed <br /> COLs: <br /> PLANNING DIRECTOR'S PROPOSED OCEANSIDE'S OBJECTION <br /> CONCLUSIONS OF LAW <br /> 1. Hawai`i Revised Statues Section 91-8 allows n/a <br /> that: <br /> Any interested person may petition an <br /> agency for a declaratory order as to the <br /> applicability of any statutory provision or <br /> of any rule or order of the agency. Each <br /> agency shall adopt rules prescribing the <br /> form of the petitions and the procedure for <br /> their submission, consideration, and <br /> prompt disposition. Orders disposing of <br /> petitions in such cases shall have the same <br /> status as other agency orders. <br /> 2. Planning Department Rule 3-1(a) gives the Oceanside objects to Proposed COL 2 on the <br /> Planning Director the discretion to "issue a grounds that it mischaracterizes the nature and <br /> declaratory order as to the applicability of any extent of the Planning Director's authority and <br /> statutory provision, ordinance, or any rule or discretion when responding to petitions for <br /> order of the Director or the Department." declaratory rulings pursuant to Rule 3-1 of the <br /> County of Hawai`i Planning Department Rules <br /> of Practice and Procedure ("PD Rules"). <br /> The Hawai`i Supreme Court has explained that, <br /> "[b]y empowering agencies generally with the <br /> authority to adopt rules regarding the manner <br /> in which declaratory ruling petitions shall be <br /> considered and disposed of, the legislature has <br /> granted agencies discretion with regard to the <br /> consideration of declaratory rulings. The <br /> boundaries of that discretion, which normally <br /> are defined by the legislature, may in such <br /> 5 <br /> 4860-2001-2538.2.051730-00058 <br />