(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.
