THE STATE OF OREGON

                           HEARINGS DIVISION

Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH89285

		Plaintiff,		)

					)  Citation No. N858511389 

		vs.			)

M. PARKS. INC.,				)

		Defendant		)  OPINION AND ORDER

	Pursuant to Notice, this matter came on regularly for hearing
and closed March 8, 1990, in Portland, Oregon.  M. Parks, Inc.,
did not appear.  The Oregon Occupational Safety & Health
Division (OOSHD), appeared through Leslie G. Herd, Appeals
Coordinator, and was represented by Sharon R. Schooley, 
Assistant Attorney General.


	The employer filed a protest on November 6,  1989, to the
citation and Notice of penalty issued on October 2, 1989.

	The OOSHD moves the appeal be dismissed with prejudice because
a)  the request for hearing was untimely filed; and b) the
employer abandoned the request by its failure to appear at

                         FINDINGS OF FACT

	By certified mail, the OOSHD sent the Citation and Notice of
Penalty on October 2, 1989, to the employer, which it received
on October 4, 1989.  Although the employer's letter request for
hearing is dated October 24,  1989,  it was not postmarked until
November 2, 1989.  It was not received by the OOSHD until
November 6, 1989.

                    FINDINGS OF ULTIMATE FACT

	The employer filed its protest to the Citation and Notice of 
Penalty  greater  than  20  days  after  it  received  same.  
The employer failed to appear at hearing without any cause.

                     CONCLUSIONS AND OPINION

	The  positions  of  OOSHD are  correct.   The employer must
file any protest to a Citation and Notice of Penalty within 20
days of its receipt thereof.  ORS 654.078(1);  OAR
438-85-121(1).  The appeal  was  untimely  filed.   Thus,  the 
Hearings  Division  lacks jurisdiction to grant a hearing on the
merits.  OAR 438-85-216(1).

	Moreover, even if the Hearings Division had jurisdiction
herein, nonetheless the case must be dismissed.  A party's
failure to  appear  at  a hearing without good cause shall  be
considered a default and a waiver of all rights except to
receive a copy of the Opinion  and  Order with  notice  of  the 
right  to  request  judicial review.  OAR 438-85-810.


	The request for hearing protesting the Citation and Notice of 
Penalty  issued  on October  2,  1989,  hereby  is  dismissed
with prejudice,  and  the  Citation and Notice of Penalty hereby
becomes final by operation of law.

	NOTICE TO ALL PARTIES:  If you are dissatisfied with this
Order,  you may,  not  later than sixty  (60)  days after the
mailing date on this Order, request a review by the Court of
Appeals, Third Floor,  justice Building,  Salem,  OR  97310.  
Any  such  request  for review shall be mailed to the Court of
Appeals at the above address with copies  of  such request
mailed to all other parties to this proceeding.  The procedure
for such judicial review is prescribed by ORS 183.480 and  ORS
183.482.   Failure to mail such a request for review within
sixty (60) days after the mailing date of this Order will result

	Entered at Portland, OR MAR 09, 1990


				by Sidney A. Galton, Referee