2026-01-26 Proposed Amended FOF, COL, D&O (PL-BOA-2024-000105)

Home

4. PRPP Rule 3-1(a) gives the Planning Director the discretion to "issue a declaratory order as to the applicability of any statutory provision, ordinance, or any rule or order of the Director or the Department." 5. PRPP Rule 3-1(a) does not require the Planning Director to answer all questions posed in a petition once the Planning Director decides to issue a declaratory ruling on a petition. The Planning Director has discretion in the manner and method in addressing questions posed for a declaratory ruling. 6. PRPP Rule 3-1(c)provides when the Planning Director shall respond to the request for a declaratory order. 7. A development agreement is not a"statutory provision, ordinance, or any rule or order of the Director or the Department." Therefore, Planning Director does not have the discretion to issue a declaratory order regarding a development agreement. 8. Hawaii County Code ("HCC") Section 25-2-23 [Standard of Review], provides that: The board of appeals may affirm the decision of the director, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. 9. Board of Appeals Rules of Practice and Procedures, Rule 8-4(4)requires that a general petition for an appeal must include: A statement explaining: (A)How the decision appealed from violates the law; or (B)How the decision appealed from is clearly erroneous; or 7