BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH90169

		 Plaintiff,		)

					)  Citation No. H178809690

 		v.			)

BONBRIGHT OIL CO.,			)

		 Defendant		)  OPINION AND ORDER



	Pursuant to Notice, this matter was scheduled to come on
regularly for hearing in Pendleton Oregon in November 15, 1990.
Plaintiff appears through Norman F. Kelley, Assistant Attorney
General. Defendant appears through George E. Bonbright,
President. The record closed herein as of October 22, 1990.



                             ISSUE



	The employer filed a protest on August 15, 1990 to the Citation
and Notice of Penalty issued on June 27, 1990.



	Plaintiff moves the appeal be dismissed with prejudice because
the request for hearing was untimely filed.



                         FINDINGS OF FACT



	By certified mail Plaintiff sent the Citation and Notice of
Penalty on June 27, 1990, to the employer, which it received on
June 29. 1990. The employer's letter request for hearing is
dated August 13, 1990, and was received on August 15, 1990.



                      FINDINGS OF ULTIMATE FACT



	The employer filed its protest to the Citation and Notice of
Penalty greater than 20 days after it received same.



                  CONCLUSIONS AND OPINION



	Plaintiff is 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-l2l(1).   The appeal was
untimely filed. Thus, the Hearings Division lacks jurisdiction
to grant a hearing on the merits. OAR 438-85-216(1).



                              ORDER



	The request for hearing protesting the Citation and Notice of
Penalty issued on June 27, 1990 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 in LOSS OF RIGHT TO
APPEAL FROM THIS ORDER.



	Entered at Portland. OR OCT. 29, 1990



				WORKERS' COMPENSATION BOARD

				Sidney A. Galton Referee