Upon request, petitioners were sent proof of the calibration of the odometer of the third vehicle used by respondent. This appeal followed. Petitioners seek an order directing respondent to provide transportation for Jake. Respondent contends the appeal must be dismissed as untimely and because the transportation petitioners request exceeds the 15 mile limit. Respondent denied petitioners' transportation request on January 18, 1994.
Petitioners offer no excuse for the delay in their petition.
Therefore, the appeal must be dismissed as untimely. The appeal must also be dismissed on the merits. The record indicates that respondent measured the distance with a properly calibrated electronic distance measuring computer. The distance measured was greater than the 15 mile limit. Accordingly, petitioners have failed to establish that respondent acted in an arbitrary, capricious or unreasonable manner in determining that Jake is not entitled to transportation.