[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.68]

[Page 788-789]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
                  Subpart F_Administrative Proceedings
 
Sec. 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

[[Page 789]]

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.