2006-11-17_Motion_to_Dismiss_Petition_for_Declaratory_Ruling_re_Herron_Whitehead

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decision by the Director regarding matters within his jurisdiction. Likewise, the Board is not authorized under the Hawaii County Charter to make a declaratory ruling which essentially orders the Director not to perform the duties of his position as required under the Hawaii County Charter. Because the issue is not relevant to some action which the Board might take in the exercise of the powers granted by the Hawaii County Charter, the Board is without authority to issue a declaratory ruling on this issue, pursuant to Section 91-8, HRS. C. If a final decision was made by the Director, the appropriate action would have been to appeal the decision to the Board. If any of the issues presented in the Petition relate to a final decision that was made by the Director regarding matters within his jurisdiction, with the exception of the first issue over which the OIP has jurisdiction, Petitioners should have appealed the decision to the Board within thirty days of the Director's final decision, pursuant to Section 23-5 of the Hawaii County Code for subdivision issues or Section 25-2-20 of the Hawaii County Code for zoning issues. Failure to file an appeal within the thirty days results in a waiver of the right to an appeal. If, for whatever reason, Petitioners failed to appeal any final decisions by the Director and thus waived their right to an appeal, they cannot now petition the Board for a declaratory ruling concerning issues that are outside the Board's jurisdiction. Because the issues in the Petition are not within the jurisdiction of the Board, good cause exists for the Board to refuse to issue a declaratory order, pursuant to Rule 6-4 of the BOA Rules. IV. CONCLUSION The Board's authority to issue a declaratory ruling under Section 91-8, HRS, is limited by the powers granted to the Board by the Hawaii County Charter. The powers granted by the Hawaii County Charter to the Board are to hear and determine appeals from final decisions of the Director regarding matters within his jurisdiction. Because the issues presented in the 8