---
kind: "section"
citation: "29 C.F.R. § 801.68"
title: "29"
number: "801.68"
heading: "Authority of the Secretary."
url: "https://uscodex.org/cfr/29/801.68"
---

# §801.68. Authority of the Secretary.

- (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.

## Notes

### 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.