BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH90170

	Plaintiff,			)

		vs.			)  Citation No. B733210190

B & G LOGGING				) 

	Defendant			)  OPINION AND ORDER



	A hearing was held on December 19, 1990 in Ontario, oregon.
Plaintiff was represented by Norman F. Kelly. Gary D. Richel,
President, appeared as the representative for defendant, B & G
Logging.



	Plaintiff moved for dismissal on the ground defendant's appeal
was untimely.



                           FACTS



	Defendant received Citation B733Z10190 on July 25, 1990.
Defendant mailed its appeal letter on August 14, 1990. Plaintiff
received the appeal on August 16, 1990.



                        CONCLUSIONS



	A contest of a citation must be filed within 20 days of
receipt. ORS 654.078(1). An appeal from a citation is filed when
it is received. OAR 438-85-026(14). Defendants appeal was filed
more than 20 days after it received the citation. The appeal was
untimely.



	Since the appeal was not timely, no hearing on the citation or
assessment of penalty may be held. ORS 654.078(3). Accordingly,
the citation and assessment of penalty is final.



                           ORDER



	IT IS HEREBY ORDERED that:



(1) The appeal from Citation No. B733210190 is dismissed because
it was untimely.



(2) Citation and assessment of penalty B733210190 lS final.



	NOTICE TO ALL PARTIES: You are entitled to 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 January 4, 1991 



				WORKERS' COMPENSATION BOARD

				By Albert L. Menashe

				Referee