29 CFR §801.68

1. (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. (1)Is inconsistent with a policy or precedent established by the Department of Labor;
   2. (2)Encompasses determinations not within the scope of the authority of the Administrative Law Judge;
   3. (3)Awards attorney fees and/or other litigation expenses pursuant to the Equal Access to Justice Act which are unjustified or excessive; or
   4. (4)Otherwise warrants modifying or vacating.
2. (b)The Secretary may modify or vacate a finding of fact only where the Secretary determines that the finding is clearly erroneous.