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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 ma__ i� a <br /> declaratory order as to the applicability of any statutory provision, <br /> ordinance, or of any rule or 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 <br /> ruling, the Director shall either deny the petition in writing, stating the <br /> reasons for such denial or issue a declaratory order on the matters <br /> contained in the petition, or set the matter for a public hearing, as <br /> provided in Sections 3-2, 3-3 and 3-4 of these rules. <br /> 4. PRPP Rule 3-1(a) gives the Planning Director the discretion to "issue a <br /> declaratory order as to the applicability of any statutory provision, ordinance, or any rule or order <br /> of the Director or the Department." <br /> 5. PRPP Rule 3-1(a) does not require the Planning Director to answer all questions <br /> posed in a petition once the Planning Director decides to issue a declaratory ruling on a petition. <br /> The Planning Director has discretion in the manner and method in addressing questions posed for <br /> a declaratory ruling. <br /> 6. PRPP Rule 3-1(c)provides when the Planning Director shall respond to the <br /> request for a declaratory order. <br /> 8 <br />