BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No. SH91032

	Plaintiff,			)

		vs.			)  Citation No.  L626004991

RIO CONSTRUCTION CO.			)

	Defendant			)  OPINION AND ORDER



	A hearing was held on May 17, 1991 in Portland, Oregon.
Plaintiff was represented by Armonica M. Gilford. Defendant did
not appear.



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



                         FACTS



	Defendant received Citation L626004991 on January 31, 1991.
Defendant mailed its appeal letter on February 20, 1991.
Plaintiff received the appeal on February 21, 1991.



	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). Defendant's 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. L626004991 is dismissed because
it was untimely.



2. Citation and Assessment of Penalty L626004991 is 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 MAY 23 1991 



				WORKERS' COMPENSATION BOARD

				By Albert L. Menashe

				Referee