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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 29 - Labor |
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Subtitle B - Regulations Relating to Labor |
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Chapter V - Wage and Hour Division, Department of Labor |
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SubChapter C - Other Laws |
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Part 801 - Application of the Employee Polygraph Protection Act of 1988 |
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Subpart F - Administrative Proceedings |
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Modification or Vacation of Decision and Order of Administrative Law Judge |
§ 801.68 - Authority of the Secretary.
Latest version.
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§ 801.68 Authority of the Secretary.
(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.