The Secretary may modify or vacate the Decision and Order of the
Administrative Law Judge whenever he concludes that the Decision and
Order:
(a) Is inconsistent with a policy or precedent established by the
Department of Labor,
(b) Encompasses determinations not within the scope of the authority
of the Administrative Law Judge,
(c) Awards attorney fees and/or other litigation expenses pursuant
to the Equal Access to Justice Act which are unjustified or excessive,
or
(d) Otherwise warrants modifying or vacating.
[54 FR 13330, Mar. 31, 1989]
