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applicability of the Ordinances to 1250's requests within his jurisdiction: that the Project roadways <br /> must be constructed to a standard meeting the approval of DPW and dedicated to the County. <br /> 2. The Director's Declaratory Rulings Refusing to Review or Affirm Variance 10-027 Are <br /> Not in Error <br /> 1250 argues that its declaratory requests related to Variance 10-027, numbers 1 and 2 <br /> under"Variances Under Chapter 23" and numbers 1-5 under"Variance Applications" are in <br /> error because the Director responded to them by stating the following: <br /> This question seeks a determination of how the Department's subdivision code applied to the <br /> relevant factual situation on January 31, 2011. This question improperly seeks review or <br /> affirmance of a past Department action,the issuance of the Variance 10-027, dated January 31, <br /> 2011, which is no longer appealable. <br /> ROA#105 at 390-391. <br /> Phrasing these questions as requests concerning the applicability of the Hawaii County <br /> Code as of a past date is a thinly veiled attempt to force the Director to opine on the validity of <br /> Variance 10-027 which was issued in 2011. PRPP Rule 3-1's allowance for the Director to issue a <br /> declaratory order as to the applicability of an ordinance does not re-open a long-closed appeal <br /> period. The declaratory ruling procedure is one "whereby an interested party could seek agency <br /> advice as to how a statute, agency rule, or order would apply to particular circumstances not yet <br /> determined." Citizens Against Reckless Development v. Zoning Board of Appeals of the City and <br /> County of Honolulu ("CARD'), 114 Hawaii 184, 197, 159 P.3d 143, 156 (2007) [emphasis <br /> added]. While unable to opine on the validity of Variance 10-027, the Director did clearly <br /> determine in the Director's Declaratory Ruling that: <br /> "[A] Chapter 23-variance cannot and does not: (a) extinguish the authority of the <br /> DPW to set standards for or make determinations regarding street construction <br /> standards; or(b)usurp Council's authority to accept or reject the dedication of <br /> public infrastructure subject to DPW's approval. While the Director has the <br /> authority to issue variances from Chapter 23's requirements, those variances <br /> provide relief only from Chapter 23's requirements; they do not relieve [1250] <br /> 13 <br />