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1. Questions Outside the Scope of the Director's Authority: Non-Compliance <br /> With Planning Rule 3-1(b), <br /> Questions posed which do not comply with the requirements of Planning Rule 3-1(b) <br /> will not be addressed in this Order. The following questions do not designate a specific <br /> provision, rule or order of the Director or the Department as Planning Rule 3-1(b)(3)requires: <br /> Dedication Requirements, Question 3, does not designate any specific provision, rule <br /> or order of the Director or the Department. It seeks an interpretation of the Development <br /> Agreement but the Development Agreement is not a Department order. <br /> Construction Standards, Questions 3, 4 and 6, seek an interpretation of the <br /> Development Agreement which is not a Department order. <br /> 2. Questions Outside the Scope of the Director's Authority: Requesting <br /> Review of Prior Reviewable Actions <br /> The following questions are focused on concrete agency decisions or past actions, <br /> whether by the Department or another agency of the County, for which other means of review <br /> are or were available. These requests are inconsistent with the purpose of Haw. Rev. Stat. ch. 91 <br /> and Planning Rule 3, see CARD, 114 Hawai`i at 197, 159 P.3d at 156, and, therefore,they will <br /> not be addressed in this Order: <br /> Variances Under Chapter 23, Questions 1 and 2, and Variance Applications, Questions <br /> 1, 2, 3, 4, and 5, seek a determination of how the Department's Subdivision Code, i.e., HCC ch. <br /> 23, applied to the relevant factual situation on January 31, 2011. These questions improperly <br /> seek review or affirmance of a past Department action, i.e., the issuance of Planning Variance <br /> 10-027, dated January 31, 2011 ("Variance 10-027"), which is no longer appealable. See CARD, <br /> 8 <br />