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Code of Federal Regulations Title 29. Labor § 29.801.68 Authority of the Secretary

Current as of January 02, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 29. Labor § 29.801.68 Authority of the Secretary - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-29-labor/cfr-sect-29-801-68/

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