29 CFR § 801.68 - Authority of the Secretary.

---
identifier: "/us/cfr/t29/s801.68"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 801.68 - Authority of the Secretary."
title_number: 29
title_name: "Labor"
section_number: "801.68"
section_name: "Authority of the Secretary."
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "C"
subchapter_name: "OTHER LAWS"
part_number: "801"
part_name: "APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584."
regulatory_source: "56 FR 9064, Mar. 4, 1991, unless otherwise noted."
cfr_part: "801"
---


# 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.