§801.68. Authority of the Secretary.
29 C.F.R. § 801.68
The Secretary may modify or vacate the Decision and Order of the Administrative Law Judge whenever the Secretary concludes that the Decision and Order:
Is inconsistent with a policy or precedent established by the Department of Labor;
Encompasses determinations not within the scope of the authority of the Administrative Law Judge;
Awards attorney fees and/or other litigation expenses pursuant to the Equal Access to Justice Act which are unjustified or excessive; or
Otherwise warrants modifying or vacating.
The Secretary may modify or vacate a finding of fact only where the Secretary determines that the finding is clearly erroneous.
Notes, amendments, and revision history
Authority
Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.
Source
Source: 56 FR 9064, Mar. 4, 1991, unless otherwise noted.