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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 8-1 I,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.,;Deputiesy Corporation Counsel, <br /> appeared on behalf of the Planning Department. <br /> Kenneth R.Kupchak,Esq.,and Mark M.Murakami,Esq.,appeared on behalf of <br /> Intervenor. Charles Coupe of C&J Coupe Family Limited Partnership was also present.See <br /> 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.Star. §91-8 states that an interested person may petition an agency for <br /> "a declaratory order as to the applicabili , of any statutoijprovision 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 30-45.In response to <br /> Oceanside's questions pertaining to its Petition that is the suHect of Oceanside's appeal in PL- <br /> 4 <br />