The Administrative Review Board may modify or vacate the Decision and Order of the Administrative Law Judge whenever it concludes that the Decision and Order:
(a) Is inconsistent with a policy or precedent established by the Department of Labor,
(b) Encompasses determinations not within the scope of the authority of the Administrative Law Judge,
(c) Awards attorney fees and/or other litigation expenses pursuant to the Equal Access to Justice Act which are unjustified or excessive, or
(d) Otherwise warrants modifying or vacating.
[54 FR 13330, Mar. 31, 1989, as amended at 86 FR 1786, Jan. 11, 2021]