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Content Last Revised: 3/4/91
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 801  

Application of the Employee Polygraph Protection Act of 1988

 

 

 

Subpart F  

Administrative Proceedings

29 CFR 801.68 - Authority of the Secretary.

  • Section Number: 801.68
  • Section Name: 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.
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