BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH91251

					)  CITATION NO C017601491

		PLAINTIFF		)

		VS			)

CITY OF WARRENTON			)

		DEFENDANT		)  OPINION AND ORDER



	A hearing was held and the record closed on December 5, 1991,
in Astoria, Oregon, before the undersigned Referee.  Plaintiff,
Oregon OSHA appeared their its attorney, Kevin Shuba.  The
defendant, City of Warrenton, was represented by its attorney,
Harold Snow.  The court recorder was Barbara Beglarius.



                             ISSUES



1) Jurisdiction



2)  Whether Citation # C017601491 should be affirmed.



                          FINDINGS OF FACT



	Oregon OSHA, following an accident investigation, issued a
citation on August 29, 1991, to the City of Warrenton, for 6
violations of the Oregon Safety and Health Standards.  The
citation was sent by certified mail and was received by a clerk
for the City of Warrenton on August 30, 1991.



	The City of Warrenton filed its request for hearing on
September 26, 1991.



	The request for hearing by the City of Warrenton was untimely.



                 CONCLUSIONS OF LAW AND OPINION



	Plaintiff moves to dismiss the defendant's request for hearing
for lack of jurisdiction.  Here the citation was received by the
City of Warrenton on August 30, 1991.  ORS 654.078(1) requires
an employer who wishes to contest a citation to file a written
request for hearing before the Workers Compensation Board within
20 days after receipt of the citation.  here, the City of
Warrenton's request for hearing was beyond 20 days and was
therefore untimely.  I conclude that the Workers Compensation
Board does not have jurisdiction to hear this matter and the
plaintiff's motion to dismiss should be granted.



                             ORDER



	IT IS HEREBY ORDERED that the City of Warrenton's request for
hearing is dismissed, but without prejudice to the defendant's
rights under OAR 437-01-270.



	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 State Court Administrator, Record
Section 1163 State St, Salem, Oregon 97310, within 60 days
following the date this Order is entered and served ass shown
hereon.  The procedure for such judicial review is prescribed by
ORS 183.480 and ORS 183.482.



	Entered at Portland, Oregon, on December 16, 1991 



				WORKERS COMPENSATION BOARD

				GARY N PETERSON, REFEREE