How to appeal a director's or board's decision

A. Any person aggrieved by a final decision of the director made pursuant to this chapter may appeal the decision to the board of variances and appeals within ten working days after receiving actual or constructive notice of the determination. The determination being appealed shall be held in abeyance, pending the decision of the board of variances and appeals. The board of variances and appeals may adopt rules and prescribe forms to implement this section. B. An appeal may be granted only if the board finds one of the following: 1. That the subject decision or order was based on an erroneous finding of a material fact or erroneously applied the law; 2. That the subject decision or order was arbitrary and capricious in its application; or 3. That the subject decision or order was a manifest abuse of discretion. C. Any person aggrieved by a final decision of the board may appeal the board's decision to the circuit court of the second circuit in the manner set forth in section 91-14, Hawaiʻi Revised Statutes. ( Ord. No. 4434, § 1, 2017 ; Ord. 3057 § 2 (part), 2002)