2026-04-20 Corrected Prop Amd FOF-COL; Order on Remand - Redline Suggested Edits (PL-BOA-2024-000104)

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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. 2. Planning Department's Rules of Practice and Procedure("PRPP")Rule 3-1(a) states: (a)On petition of an interested person,the Director may issue a declaratory order as to the applicability of any statutory provision, ordinance,or of any rule or order of the Director or the Department. (emphasis added). 3. PRPP Rule 3-1(c)states: (c)Within sixty days after the submission of a petition for declaratory ruling,the Director shall either deny the petition in writing,stating the reasons for such denial or issue a declaratory order on the matters contained in the petition,or set the matter for a public hearing,as provided in Sections 3-2,3-3 and 3-4 of these rules. 4. PRPP Rule 3-1(a)gives the Planning Director the discretion to"issue a declaratory order as to the applicability of any statutory provision,ordinance,or any rule or order of the Director or the Department." 5. PRPP Rule 3-1(a)does not require the Planning Director to answer all questions posed in a petition once the Planning Director decides to issue a declaratory ruling on a petition. The Planning Director has discretion in the manner and method in addressing questions posed for a declaratory ruling. 6. PRPP Rule 3-1(c)provides when the Planning Director shall respond to the request for a declaratory order. 7. Hawai`i County Code("HCC")Section 25-2-23 [Standard of Review],provides that: The board of appeals may affirm the decision of the director,or it may reverse or modify the decision or remand the decision with appropriate 7