GroundRules
29 CFR 801.68: Authority of the Secretary.
Where this section sits in the code
- Title 29—Labor
- Subtitle B—Regulations Relating to Labor
- CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
- SUBCHAPTER C—OTHER LAWS
- PART 801—APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
- Subpart F—Administrative Proceedings
(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.
Collected 2026-08-27T02:25:20Z. Source file · JSON