Laserfiche WebLink
Honolulu Planning Director to refuse to issue <br /> declaratory rulings on various grounds, <br /> including that the "issuance of the declaratory <br /> ruling may adversely affect the interests of the <br /> city in any litigation which is pending or may <br /> reasonably be expected to arise" and"[f]or <br /> other good cause"). <br /> An agency commits clear errors, abuses its <br /> discretion, and acts arbitrarily, capriciously, and <br /> in violation of the law, when its failure or <br /> refusal to issue a declaratory ruling is not <br /> grounded in HRS § 91-8 or its administrative <br /> rules governing petitions for declaratory <br /> rulings. Id., 114 Haw. 184, 195, 159 P.3d 143, <br /> 154 (2007). <br /> Nothing in HRS § 91-8 or PD Rule 3 grants the <br /> Planning Director discretion to either reform <br /> requests for declaratory rulings to avoid <br /> addressing the substance of the request or to <br /> otherwise fail to respond to requests that are <br /> within the Planning Director's jurisdiction. <br /> 3. Hawai`i County Code ("HCC") Section 25-2- n/a <br /> 23 [Standard of Review],provides that: <br /> The board of appeals may affirm the decision of <br /> the director, or it may reverse or modify the <br /> decision or remand the decision with <br /> appropriate instructions if based upon the <br /> preponderance of evidence the board finds that: <br /> (1) The director erred in its decision; or <br /> (2) The decision violated this chapter or <br /> other applicable law; or <br /> (3) The decision was arbitrary or <br /> capricious or characterized by an abuse <br /> of discretion or clearly unwarranted <br /> exercise of discretion. <br /> 4. Board of Appeals Rules of Practice and n/a <br /> Procedures, Rule 8-4(4) requires that a general <br /> petition for an appeal must include: <br /> A statement explaining: <br /> (A) How the decision appealed from <br /> 7 <br /> 4897-0598-6819.1.00DBS 1-00001 <br />