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granted agencies discretion with regard to the <br /> consideration of declaratory rulings. The <br /> boundaries of that discretion, which normally <br /> are defined by the legislature, may in such <br /> cases be established with reference to the <br /> agency rules themselves, or by reading the <br /> statute and the agency rules in tandem." <br /> Citizens Against Reckless Dev. v. Zoning Bd. of <br /> Appeals of City & Cnty. of Honolulu, 114 Haw. <br /> 184, 194-95, 159 P.3d 143, 153-54 (2007) <br /> ("CARD") (emphases added). An agency's <br /> decision "to refuse to issue a declaratory ruling <br /> [is] . . . reviewed under the `abuse of discretion' <br /> standard, with reference to the language of HRS <br /> § 91-8 and the bases for refusal enumerated in <br /> the [agency's] rule." Id. at 195, 159 P.3d at <br /> 154 (emphasis added). In other words, the <br /> Planning Director's discretion in considering <br /> and disposing of petitions for declaratory <br /> rulings is circumscribed by PD Rule 3, and <br /> when the Planning Director acts outside of the <br /> boundaries of PD Rule 3, he commits clear <br /> error and acts without discretion, arbitrarily and <br /> capriciously, and in violation of the law. See id. <br /> ("In this case, DPP Rule § 3-5 governs DPP <br /> refusals to issue a declaratory ruling, making <br /> that decision discretionary with the DPP <br /> Director, within the parameters of five <br /> enumerated reasons.") (emphasis added). <br /> Pursuant to PD Rule 3-1(c), once a petition for <br /> declaratory ruling has been filed, the Planning <br /> Director"shall"respond in only one of three <br /> ways: (a) "deny the petition in writing, stating <br /> the reasons for such denial;" (b)"issue a <br /> declaratory order on the matters contained in <br /> the petitions;" or (c) "set the matter for a public <br /> hearing, as provided in Sections 3-2, 3-3 and 3- <br /> 4 of'the PD Rules. Unlike administrative rules <br /> promulgated by other agencies, PD Rule 3 does <br /> not provide any basis or discretion for the <br /> Planning Director to refuse or fail to respond to <br /> requests for declaratory ruling that are within <br /> his jurisdiction and otherwise satisfy PD Rule 3. <br /> See, e.g., CARD, 114 Haw. at 195, 159 P.3d at <br /> 154 (discussing administrative rule allowing the <br /> 6 <br /> 4897-0598-6819.1.00DBS 1-00001 <br />