BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
  Health Division			)  Docket No: SH91208

	Plaintiff,			)  Citation No. D686902191

		vs. 			)

KEN HAHN, Defendant			)                                 



A hearing was held and the record closed on December 31, 1991,
in Portland, Oregon, before the undersigned Referee. Oregon
Occupational Safety and Health Division, plaintiff, appeared by
and through their attorney, Armonica Gilford. The defendant, Ken
Hahn, appeared personally. The court recorder was Vicki Gotner.



                               ISSUES



1) Jurisdiction.



2) Whether the citation is appropriate.



                           FINDINGS OF FACTS



Oregon Occupational Safety & Health Division issued Citation
#D686902191 to the defendant, Ken Hahn. The citation was sent to
the defendant by certified mail and was received by him on April
20, 1991. The defendant did not file his request for hearing
until August 30, 1991.



The defendant's request for hearing was untimely.



                  CONCLUSIONS OF LAW AND OPINION



The plaintiff, Oregon Occupational Safety & Health Division,
moves to dismiss the defendant's request for hearing in this
case on the grounds that the request is untimely and therefore
the Hearings Division, Workers' Compensation Board, is without
jurisdiction to hear or decide this case on the merits. ORS
654.078(1) provides that an employer who wishes to contest a
citation must file a written request for hearing before the
Workers' Compensation Board within 20 days after receipt of the
citation. Here, the defendant received the citation on April 20,
1991. In order for the request for hearing to be timely it
should have been filed on or before May 10, 1991. Here, the
defendant did not file the request for hearing until August 30,
1991, which is well beyond the 20 days provided by the statutes.
I conclude that I do not have jurisdiction to hear this matter
because the defendant's request for hearing was untimely.
Accordingly, the defendant's request for hearing should be
dismissed and the citation affirmed in accordance with OAR
438-85-216(2).



                               ORDER



IT IS HEREBY ORDERED that the defendant's request for hearing is
dismissed with prejudice.



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 Street, 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 6, 1992



				WORKERS' COMPENSATION BOARD

				By GARY PETERSON, REFEREE