2024-09-18 Planning Director Exhibit List (PL-BOA-2024-000105)

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a. Questions I, 5, 7, 8, 9, 11, 12, 13, 16, 17, 18, and 19 do not designate any specific provision,rule or order of the Director or the Department. b. Questions 2, 3, 4, 14, and 15 do not designate any specific provision, rule or order of the Director or the Department and are an inappropriate reversal of the Petitioner's and Director's roles pursuant to Rule 3-1(b) in that, rather than providing the Director with the law to be applied and interpreted, Petitioner requests the Director cite to the applicable law. 2. Questions Outside the Scope of the Director's Authority: Requesting Review of Prior Reviewable Actions The following questions are focused on concrete agency decisions or past actions, whether by the Department or another agency of the County, for which other means of review are or were available. These requests are inconsistent with the purpose of Haw. Rev. Stat. ch. 91 and Planning Rule 3, see CARD, 114 Hawaii at 197, 159 P.3d at 156, and, therefore, they will not be addressed in this Order: Initial Petition 1. Question 2 seeks an interpretation of the Development Agreement but the Development Agreement is not a Department order. 2. Question 5 seeks an interpretation of the Development Agreement but the Development Agreement is not a Department order, and/or seeks review or affirmance of a Council action over which the Director has no authority, and/or seeks review or affirmance of a past Department action, i.e., the issuance of Variance 10-027, which is no longer appealable. See CARD, 114 Hawai`i at 196, 159 P.3d at 155 (explaining declaratory ruling procedure not for review of past agency decisions which are no longer appealable). 9 EXHIBIT A 902