BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  DOCKET SH89269

ACCIDENT PREVENTION DIVISION		)  CITATION R520012289

		PLAINTIFF		)

FIRESTONE INC				)

		DEFENDANT		)  OPINION AND ORDER



	This is a contested case under the Oregon Safe Employment Act,
ORS Chapter 654.  The matter came on for hearing in Portland,
February 22, 1990.  Plaintiff, Accident Prevention Division
(APD) was represented by counsel, Stephanie Smythe.



	There was no appearance for defendant employer.



	The Notice of Hearing was mailed October 31, 1989.  By letter
of November 6, 1989 counsel for APD filed a motion to dismiss on
the grounds the request for hearing had not been timely
submitted in accordance with ORS 654.078(1),  That motion was
inadvertently filed, and wasn't brought to my attention until a
few days prior to February 22.



	Defendant employer never filed a response to the motion as
provided in OAR 438-85-735.



	The dates used by counsel in her motion were erroneous and she
corrected those dates at hearing.



	The citation for violation of the Safety Act was delivered to
defendant employer September 29, 1989.  ORS 654.078(1) requires
that an appeal of such a citation must be filed with the Board
within 20 days after receipt of the citation.



	Defendant's appeal was mailed in Chicago, Illinois October 18,
1989, and was not received by the Board until October 23, 1989.



	The appeal was not timely filed.



	Defendant employer did not respond to the motion within 10 days
as provided in OAR 438-85-735.  OAR 438-85-211 provides that a
hearing will be held on motions to dismiss because of untimely
filing.   After the motion was brought to my attention, I had
decided such a hearing would be held at the regularly scheduled
hearing time of 11 AM February 22, 1990.  However, defendant
employer did not appear.



	Therefore, it appears that the employer either agrees that the
appeal was untimely filed  or has abandoned it's request for
hearing.  In either event, it appears appropriate to grant
counsel's motion.



                        ORDER



	Motion by plaintiff's counsel for dismissal on the grounds the
appeal was not timely filed, and THIS MATTER IS HEREBY DISMISSED.



	NOTICE TO ALL PARTIES: You are entitled to a judicial review of
this Order.  Proceedings for review are to be instituted by
filing a petition in the Court of Appeals, Supreme Court
Building, Salem, Oregon 97310, within 60 days following the date
this Order is entered and served as shown hereon.  The procedure
for such judicial review is prescribed by ORS 183.480 and ORS
183.482.



	Entered at Portland, Oregon on FEB. 23 1990 



				WORKERS COMPENSATION BOARD

				H. DON FINK Referee