29 C.F.R. § 801.68 Authority of the Secretary.
Title 29 - Labor
(a) The Secretary may modify or vacate the Decision and Order of the Administrative Law Judge whenever the Secretary concludes that the Decision and Order: (1) Is inconsistent with a policy or precedent established by the Department of Labor; (2) Encompasses determinations not within the scope of the authority of the Administrative Law Judge; (3) Awards attorney fees and/or other litigation expenses pursuant to the Equal Access to Justice Act which are unjustified or excessive; or (4) Otherwise warrants modifying or vacating. (b) The Secretary may modify or vacate a finding of fact only where the Secretary determines that the finding is clearly erroneous.
Title 29: Labor
PART 801—APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
Subpart F—Administrative Proceedings
Modification or Vacation of Decision and Order of Administrative Law Judge
§ 801.68 Authority of the Secretary.
