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7. A development agreement and a county council resolution arei-S not a"statutory <br /> provision, ordinance, or any rule or order of the Director or the Department." Therefore, <br /> Planning Director does not have the discretion to issue a declaratory order regarding a <br /> development agreement or a county council resolution. <br /> 8. Planning Director correctly identified the requests seeking a declaratory ruling <br /> pertaining to the Development Agreement and Resolution 317-12 were outside of his authority. <br /> 8-.9. Hawai'i County Code ("HCC") Section 25-2-23 [Standard of Review],provides <br /> that: <br /> The board of appeals may affirm the decision of the director, or it may <br /> reverse or modify the decision or remand the decision with appropriate <br /> instructions if based upon the preponderance of evidence the board finds <br /> that: <br /> (1) The director erred in its decision; or <br /> (2) The decision violated this chapter or other applicable law; or <br /> (3) The decision was arbitrary or capricious or characterized by an abuse <br /> of discretion or clearly unwarranted exercise of discretion. <br /> 9:10. Board of Appeals Rules of Practice and Procedures, Rule 8-4(4)requires that a <br /> general petition for an appeal must include: <br /> A statement explaining: <br /> (A)How the decision appealed from violates the law; or <br /> (B)How the decision appealed from is clearly erroneous; or <br /> (C)How the decision appealed from was arbitrary and capricious, or <br /> characterized by an abuse of discretion or clearly unwarranted exercise <br /> of discretion. <br /> 4-011. The Planning Director acted within his jurisdiction and discretion in the manner in <br /> which the Planning Director addressed the Appellant's posed questions. The Planning Director <br /> was not required to respond to the questions in the form or format posed by the Appellant. <br /> 9 <br />