Notwithstanding any other provision of this subpart, the Secretary
of Labor is authorized to perform any of the functions otherwise
assigned in this subpart to the Under Secretary in any proceeding. The
Secretary is also authorized to appoint as an alternate official any
other officer or employee of the Department of Labor to perform
functions otherwise assigned in this subpart to the Under Secretary or
the Solicitor of Labor in any proceeding; except that:
(a) The functions otherwise assigned in this subpart to the Under
Secretary and the Solicitor shall not both be performed by the same
alternate official in the same proceeding, and
(b) The same individual shall not be appointed as both an Examiner
under Sec. 0.737-5 and an alternate official under this section in the
same proceeding.
