2024-09-20 Appellant's Objection to Record on Appeal

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A complete record on appeal is important, because I`o Processing is appealing DPW's decision on the grounds that it was "arbitrary and capricious." "Arbitrary" is defined as "depending on individual discretion; of, relating to, or involving a determination made without consideration of or regard for facts, circumstances, fixed rules, or procedures." See Black's Law Dictionary (12th ed. 2024). "Capricious" is defined as "characterized by or guided by unpredictable or impulsive behavior" and"contrary to the evidence or established rules of law." Id. Relevant here, an administrative agency's decision is arbitrary or capricious where the standard applied by the agency is undefined and"unclear," and depends on incalculable subjective determinations. See Connections New Century Pub. Charter Sch. v. Windward Plan. Comm'n, 146 Haw. 155, 156, 456 P.3d 1002, 1003 (Ct. App. 2020) ("How much `community concern,' however calculated, is required before a special permit is found to be contrary to the general plan is unclear and is ripe for arbitrary and capricious abuse.") (emphasis added). DPW's complete file will help I`o Processing and the Board determine whether DPW acted arbitrarily and capriciously. First, DPW's policies/procedures, or lack thereof, is relevant to whether DPW made a "determination . . . without consideration of. . . fixed rules, or procedures." See Black's Law Dictionary (12th ed. 2024). In January 2023, DPW admitted that it"was currently revising policies and procedures regarding the declarations" and the inspector had"a few issues [he] require [sic] department acknowledgement/clarification." This either means that DPW did not have a policy or procedure applicable to agricultural exemptions, or that DPW was changing an existing policy/procedure specifically in response to I`o Processing's request for an exemption. The details on the policies/procedures, and any amendments to the same, will reveal whether DPW applied HRS § 46-88 using fixed, objective standards, or using never-before-applied, subjective standards developed specially for I`o Processing -- of the type that Hawai`i courts have recognized are "ripe for arbitrary and capricious abuse." See Connections New Century Pub. Charter Sch., 146 Haw. at 156, 456 P.3d at 1003. 4894-5780-8783.1.071717-00001 5