500.263 Authority of the Secretary.§ 500.263 Authority of the Secretary. Link to an amendment published at 86 FR 1786, Jan. 11, 2021.
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]