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2026-6-26 APPELLANTS OBJECTIONS TO PROPOSED ORDER_v1.pdf
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2026-6-26 APPELLANTS OBJECTIONS TO PROPOSED ORDER_v1.pdf
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to deny a continuation of the May 15, 2026 hearing, because Rohr's case was purportedly <br />frivolous and [implying that using unlawful procedure in violation of BOA Rule 3-12(d) can <br />be defended] by blaming Rohr for the fact that the case had been continued for more than a <br />year. See, DCC Campbell's email, attached as Exhibit F. <br />At bottom, the proposed Order fails to satisfy the requirements of HRS § 91- 12. <br />"The purpose of the statutory requirement that the agency set forth separately its findings of fact <br />and conclusions of law is to assure reasoned decision making by the agency and enable judicial <br />review of agency decisions. Application of Hawaii Elec. Light Co., Inc., 60 Haw. 625, 641, 594 <br />P.2d 612, 623 (1979. In order for the parties and courts to "be informed of the factual basis <br />upon which the [agency] relies, the [agency] findings of Ultimate facts must be supported by <br />findings of Basic facts which in turn are required to be supported by the evidence in the <br />record." Id. "The parties and the court should not be left to guess, with respect to any <br />material question of fact, or to any group of minor matters that may have cumulative <br />significance, the precise finding of the agency." Application of Hawaiian Tel. Co., 54 Haw. <br />663, 668, 513 P.2d 1376, 1379 ( 1973). <br />It is as if the Director's Proposed Order was drafted to confuse the Board members, <br />not enlighten them to what they are voting to agree on. <br />II. Rohr's Specific Objections. <br />PLANNING DIRECTOR'S FINDINGS <br />OF FACT <br />ROHR' S OBJECTION AND <br />SUPPLEMENTAL FINDINGS <br />A. Procedural History <br />4 <br />
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