Section 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.