01-2-8497 In the Matter of Protest of Denial of Pre-Qualification Application of ABC Towing for Zone 195 of N.J. Turnpike, App. Div. (per curiam) (9 pp.) Appellant ABC Towing appealed from a final agency decision of the New Jersey Turnpike Authority denying its prequalification application to perform routine towing services on the New Jersey Turnpike. Authority argued that it appropriately decided ABC’s protest upon the written exchanges of the parties and that no formal hearing was necessary to resolve the factual contentions advanced by ABC. ABC ultimately conceded that Authority was not required to afford it a trial-type hearing to address its protest. Nonetheless, ABC argued that it was never afforded a fair opportunity to present facts that would demonstrate that it satisfied Authority’s prequalification criteria. As a result, ABC submitted that the agency’s decision disqualifying it from bidding on turnpike towing contracts was arbitrary and capricious. Ordinarily, the matter would be remanded to the Authority to conduct an informal hearing on ABC’s factual assertions that it satisfied Authority’s prequalification specifications. However, the appellate panel declined to do so here because the towing contracts for which ABC sought prequalification status have already been awarded to other qualified bidders. While ABC filed a timely appeal, it did not seek a stay of Authority’s decision. The matter was dismissed as moot.
01-2-8533 In the Matter of Nugent, App. Div. (per curiam) (7 pp.) Harold Nugent, who had taken the open competitive examination and had ranked number one, appealed the final decision of the Civil Service Commission that upheld the Township of Brick’s decision not to appoint him to the position of mechanic in the Department of Public Works and to instead appoint two equally ranked candidates. The only reason the township provided for not appointing Nugent was that the decision to appoint the other two candidates was “in the best interest of the township.” The panel affirmed, finding that where the township selected two other equally-ranked candidates, it was entitled not to appoint Nugent, as long as the decision was not based on legally impermissible grounds such as race, gender, sexual orientation, or other similar invidious considerations.
