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19. The Planning Director did not rule that any roadway is not constructed as <br /> required. The Planning Director ruled the roadways in question must be constructed to a <br /> condition approved by DPW, which does not take a position on whether or not any roadway is or <br /> was currently approved by DPW, and instead leaves those determinations to DPW and the <br /> Hawai`i County Council. <br /> 20. The Board finds that the Order addressed the questions appropriately raised by the <br /> Appellant in its General Petition, even if Planning Director did not provide the level of clarity or <br /> specifics desired by the Appellant. <br /> CONCLUSIONS OF LAW <br /> 1. Hawai`i Revised Statues Section 91-8 allows that: <br /> Any interested person may petition an agency for a declaratory order <br /> as to the applicability of any statutory provision or of any rule or <br /> order of the agency. Each agency shall adopt rules prescribing the <br /> form of the petitions and the procedure for their submission, <br /> consideration, and prompt disposition. Orders disposing of petitions <br /> in such cases shall have the same status as other agency orders. <br /> 2. Planning Department's Rules of Practice and Procedure ("PRPP") Rule 3-1(a) <br /> states: <br /> (a) On petition of an interested person, the Director may issue a declaratory order <br /> as to the applicability of any statutory provision, ordinance, or of any rule or <br /> order of the Director or the Department. <br /> (emphasis added). <br /> 3. PRPP Rule 3-1(c) states: <br /> (c) Within sixty days after the submission of a petition for declaratory ruling, the <br /> Director shall either deny the petition in writing, stating the reasons for such <br /> denial or issue a declaratory order on the matters contained in the petition, or <br /> set the matter for a public hearing, as provided in Sections 3-2, 3-3 and 3-4 of <br /> these rules. <br /> 6 <br />