Personnel Security (10 CFR Part 710)

On April 14, 2016, an OHA Administrative Judge issued a decision in which she concluded that an individual’s access authorization should not be restored.  A Local Security Office (LSO) conducted a Personnel Security Interview (PSI) of the individual to address concerns under Criterion L regarding his delinquent debts and deliberate misrepresentations on his QNSP.  After conducting a hearing and evaluating the evidence, the Administrative Judge concluded that the individual did not sufficiently mitigate the DOE’s concerns as to his delinquent debts and as to his honesty and trustworthiness for making misrepresentations on his QNSP.  The individual’s financial problems have been ongoing as he had delinquent accounts for many years.  The LSO conducted several PSIs with him to address those concerns.  By time of the hearing, he had recently entered into a payment plan with one collection agency, and did not have a plan for resolving another collection account.  The Administrative Judge was not convinced that the individual’s financial problems would not recur as he also had a negative monthly balance as of the time of the hearing.  Hence, the individual had not yet established a pattern of financial responsibility.   Moreover, the individual did not sufficiently explain why he did not disclose any of his 26 collection accounts, a judgment, and a 120-day past-due delinquent account on his QNSP. For these reasons, the Administrative Judge could not find that the individual resolved the security concerns related to his financial irresponsibility or deliberate misrepresentations.  OHA Case No. PSH-16-0004 (Shiwali Patel)