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9. On October 11, 2024, the Board heard oral arguments and presentation of <br /> evidence, including exhibits, and testimony on the Appeal in a contested case hearing pursuant to <br /> BOA Rule 8-11, Part 3 of the BOA Rules, and Haw. Rev. Stat. Chapter 91, at the West Hawaii <br /> Civic Center with all Board Members present in person. Michael Kaleihoku Vitousek, Manager <br /> of Land and Development of 1250 Oceanside LLC, Derek B. Simon, Esq., and Ian R. Wesley- <br /> Smith, Esq. appeared on behalf of Appellant. Zendo Kern, Hawai'i County Planning Director <br /> and E. Britt Bailey, Esq., and Jean K. Campbell, Esq._,Deputies Corporation Counsel, appeared <br /> on behalf of the Planning Department. Kenneth R. Kupchak, Esq., and Mark M. Murakami, <br /> Esq., appeared on behalf of Intervenor. Charles Coupe of C&J Coupe Family Limited <br /> Partnership was also present. See Board of Appeals Meeting Minutes of October 11, 2024. <br /> 10. Appellant's witness, Michael Kaleihoku Vitousek, testified that Planning <br /> Director's declaratory order did not provide enough or specific information for Appellant to <br /> understand how to comply with its compliance obligations under Ord. 96-7 and Ord. 96-8. See <br /> Transcript of October 11, 2024 Hearing at 20. <br /> 11. Haw. Rev. Stat. § 91-8 states that an interested person may petition an agency for <br /> "a declaratory order as to the applicability of any statutory provision or of any rule or order of <br /> the agency."Pursuant to Planning Department's Rules of Practice and Procedure ("PRPP") Rule <br /> 3-1(a), declaratory orders can be issued as to "the applicability of any statutory provision, <br /> ordinance, or any rule or order of the Director or the Department." Under both Chapter 91 and <br /> PRPP, the Planning Director's discretion to issue declaratory rulings is limited. <br /> 12. Planning Director testified, and his testimony was consistent with the contents of <br /> his Order. See ROA at 894-906. Transcript of October 11, 2024 Hearing at 3045. In response to <br /> Oceanside's questions pertaining to its Petition that is the subject of Oceanside's appeal in PL- <br /> 4 <br />