The Secretary, for purposes of this subsection, means the Secretary
of Labor or a person, board or other organizational unit authorized to
perform the review function. Either the applicant or agency counsel may
seek review of the recommended decision on the fee application, or the
Secretary may decide to review the decision on his or her own
initiative, in accordance with the Department of Labor's regular review
procedures. If neither the applicant nor agency counsel seeks review and
the Secretary does not take review on his or her own initiative, the
adjudicative officer's decision on the application shall become a final
decision of the Department 45 days after it is issued. If review is
taken, the Secretary will issue a final decision on the application or
remand the application to the adjudicative officer for further
proceedings.
