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• 10) The BOA found that the Order addressed the questions raised by the <br /> Appellant in its appeal, even if the Director did not provide the level of <br /> clarity or specifics desired by the Appellant. <br /> Id., ROA at 4824-4826. <br /> 41. The BOA also made the following nine conclusions of law ("COL"): <br /> • 1) Hawaii Revised Statues Section 91- 8 allows that: <br /> Any interested person may petition an agency for a declaratory order as to <br /> the applicability of any statutory provision or of any rule or order of the <br /> agency. Each agency shall adopt rules prescribing the form of the <br /> petitions and the procedure for their submission, consideration, and <br /> prompt disposition. Orders disposing of petitions in such cases shall have <br /> the same status as other agency orders. <br /> • 2) Planning Department Rule 3-1(a) gives the Planning Director the <br /> discretion to "issue a declaratory order as to the applicability of any <br /> statutory provision, ordinance, or any rule or order of the Director or the <br /> Department." <br /> • 3) Hawaii County Code ("HCC") Section 25- 2- 23 [Standard of Review], <br /> provides that: <br /> The board of appeals may affirm the decision of the director, or it may <br /> reverse or modify the decision or remand the decision with appropriate <br /> instructions if based upon the preponderance of evidence the board finds <br /> that: <br /> (1) The director erred in its decision; or <br /> 18 <br />