29 C.F.R. § 500.263
Authority of the Administrative Review Board
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.