(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.