BEFORE THE WORKERS' COMPENSATION BOARD OF



                          THE STATE OF OREGON



                           HEARINGS DIVISION



Oregon Occupational Safety &                                    
      Health Division			)  Docket No: SH-94261

					)

	Plaintiff,			)

					)

	vs.				)  Citation No:  K6898-090-94

					)

Leuthold, Inc.				)

					)

	Defendant.			)Opinion and Order



	This matter was set for hearing on October 10, 1995 before
Administrative Law Judge Mills.  Prior to the time of hearing,
plaintiff, OR-OSHA, filed a Motion to Dismiss, accompanied by an
affidavit.  The Motion was received September 18, 1995.  No
response was received from the employer.



ISSUE



	The basis for the Motion to Dismiss is that the employer's
Request for Hearing was filed in an untimely manner.



FINDINGS OF FACT



	Based upon the uncontested affidavit from Mr. Miller submitted
along with the Motion and upon those facts evident from the
hearings file, I find as follows:



	1.  The citation in dispute in this case was issued on October
12, 1994.



	2.  The employer received that citation on October 13, 1994.



	3.  The employer's request for hearing was mailed on November
10, 1994 and received on November 14, 1994.



CONCLUSIONS AND OPINION



	Under ORS 654.078(1), an employer seeking to contest a citation
must file a written request for hearing before the Workers'
Compensation Board within 20 days after receipt of the citation.
 Under ORS 654.078(4), no hearing may be granted on the request
for hearing unless the request is filed within the time period
specified.  



	Under the facts of this case, the employer had until November
2, 1994 to file its request for hearing.  Its request for
hearing was filed some eight days late and is, therefore,
untimely.  I have no discretion but to dismiss the request for
hearing and uphold the citation issued by OR-OSHA.



ORDER



	IT IS HEREBY ORDERED AS FOLLOWS:



	1.  The employer's request for hearing filed in the
above-entitled matter is dismissed; 



	2.  The citation issued by OR-OSHA in this case dated October
12, 1994 is approved.



	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, October 5, 1995	



				Workers' Compensation Board

				John Mark Mills

				Administrative Law Judge