HCC §25-2-23
How the board reviews the director's decision
Read the official text at hawaiicounty.gov ↗This section explains how the board of appeals reviews a decision made by the director. The board can agree with the decision, change it, or send it back with instructions. It can only do this if the evidence shows the director made a mistake, broke the law, or acted unfairly.
courts
The ordinance, as written (Hawaiʻi County) — Standard of review
A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
The board of appeals may affirm the decision of the director, or it may reverse or modify the decision or remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: (1) The director erred in its decision; or (2) The decision violated this chapter or other applicable law; or (3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 4.)25-2-23
Published by the County of Hawaiʻi Office of the County Clerk.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.