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(1) In violation of the Code or other applicable law; or <br /> (2) Clearly erroneous in view of the reliable,probative, and substantial evidence on the <br /> whole record; or <br /> (3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly <br /> unwarranted exercise of discretion. <br /> BOA Rule 8-15; see also BOA Rule 8-13 (BOA "shall render its decision in an appeal <br /> proceeding,by either affirming the decision appealed from, or reversing or modifying the <br /> decision, or remanding the case to the Director for further proceedings and action."). <br /> VI. ANALYSIS <br /> A. The Planning Director Erred in not Ruling Upon Requests that He <br /> Determined were within his Jurisdiction Under PD Rule 3, and Further <br /> Erred by Not Issuing the Declaratory Rulings on the Requests Set Forth in <br /> Oceanside's Petition. <br /> 1. The Planning Director Erred in not Ruling Upon Requests that He <br /> Determined were within His Jurisdiction Under PD Rule 3. <br /> The Hawai`i Supreme Court has explained that "[b]y empowering agencies generally <br /> with the authority to adopt rules regarding the manner in which declaratory ruling petitions shall <br /> be considered and disposed of, the legislature has granted agencies discretion with regard to the <br /> consideration of declaratory rulings." Citizens Against Reckless Dev. v. Zoning Bd. of Appeals of <br /> City & Cnty. of Honolulu, 114 Haw. 184, 194-95, 159 P.3d 143, 153-54 (2007) ("CARD"). "The <br /> boundaries of that discretion, which normally are defined by the legislature, may in such cases be <br /> established with reference to the agency rules themselves, or by reading the statute and the <br /> agency rules in tandem." Id. at 195, 159 P.3d at 154. Thus, an agency's "decisions to refuse to <br /> issue a declaratory ruling [are] reviewed under the `abuse of discretion' standard, with reference <br /> to the language of HRS§91-8 and the bases for refusal enumerated in the [agency's] rule." <br /> Id. (emphasis added). <br /> In the Declaratory Order, the Planning Director ruled that the following Requests were <br /> 4860-3160-4157.3.051730- 00058 9 <br />