AAA SCHOOL, LLC V. PASSAIC COUNTY EDUCATIONAL SERVICES COMMISSION, PASSAIC COUNTY, 8/4/14, (#314-14)

#314-14 (OAL Decision: http://njlaw.rutgers.edu/collections/oal/html/initial/edu06429-14_1.html)
AAA SCHOOL, LLC, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
PASSAIC COUNTY EDUCATIONAL 	: 	DECISION
SERVICES COMMISSION,
PASSAIC COUNTY, 	:
:
RESPONDENT.
:
SYNOPSIS
Petitioner herein – AAA School, LLC (AAA), a company that provides transportation services to public
schools – alleged that it was improperly denied contracts by the Passaic County Educational Services
Commission (Commission) after submitting bids in 2012 and 2013. 	The Commission asserted that
AAA’s claims were untimely filed pursuant to N.J.A.C. 6A:3-1.3(i), and that the petition should be
dismissed. 	AAA filed its appeal with the Commissioner on April 22, 2014, challenging the
Commission’s failure to award it contracts in 2012 and 2013. The Commission filed a motion to dismiss
in lieu of an answer.
The ALJ found, inter alia, that: 	the Commission’s motion to dismiss is appropriately converted to a
motion for summary decision under N.J.A.C. 1:1-12.5; there are no genuine issues of material fact in this
case, and the matter is ripe for summary decision; 	AAA’s petition challenged the failure of the
Commission to award it contracts for transportation routes in August 2012 and August/September 2013;
the petition was not filed until April 24, 2014 – approximately eight months after AAA’s 2013 bid was
rejected, and approximately one year and eight months after its 2012 bid was rejected by the Commission;
AAA’s prior unsuccessful attempts to bring these claims in Superior Court do not alter this conclusion; no
compelling matters of public interest are involved in this case so as to justify relaxation of the 90 day rule.
Accordingly, the ALJ concluded that the petition of appeal should be dismissed for failure to comply with
N.J.A.C. 6A:3-1.3(i).
Upon a comprehensive review of the record of this matter, the Commissioner concurred with the findings
and conclusions of the ALJ and adopted the Initial Decision as the final decision in this matter. 	The
petition was dismissed.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the reader. It
has been neither reviewed nor approved by the Commissioner.
August 4, 2014

OAL DKT. NO. EDU 6429-14
AGENCY DKT. NO. 104-4/14
AAA SCHOOL, LLC, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
PASSAIC COUNTY EDUCATIONAL 	: 	DECISION
SERVICES COMMISSION,
PASSAIC COUNTY, 	:
:
RESPONDENT.
:
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed. The parties did not file exceptions to the Initial Decision.
Upon a comprehensive review of the record in this matter, the Commissioner concurs
with 	the 	Administrative Law Judge 	that 	this 	matter 	is 	appropriately 	dismissed 	as 	untimely.
Accordingly, the recommended decision of the OAL is adopted as the final decision in this matter –
for the reasons clearly articulated therein – and the instant Petition of Appeal is dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: August 4, 2014
Date of Mailing: 	August 8, 2014
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36.
(N.J.S.A. 18A:6-9.1)