Personnel Security (10 CFR Part 710)

On August 26, 2014, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should not be restored.  The individual had been diagnosed by a DOE psychologist with Alcohol Dependence without Physiological Dependence in Early Partial Remission (under the American Psychiatric Association’s Diagnostic and Statistical Manual – Text Revision (DSM-IV-TR)), and with Alcohol Use Disorder, Moderate (Under DSM-V).  At the hearing, the individual unsuccessfully attempted to show that she did not suffer from an alcohol disorder, that her alcohol consumption was “under control,” and that the alcohol treatment that she was receiving has reformed or rehabilitated her.  The Administrative Judge found that the DOE psychologist’s diagnosis of Alcohol Dependence/Alcohol Use Disorder was well supported by the record and the DOE psychologist’s hearing testimony.  Moreover, the Administrative Judge found that the individual had not received sufficient treatment, developed sufficient insight into her alcohol disorder, or abstained from using alcohol for a sufficient period of time, to establish reformation or rehabilitation from her Alcohol Dependence/Alcohol Use Disorder.  Accordingly, the Administrative Judge found that the individual had not mitigated the security concerns raised by her Alcohol Dependence/Alcohol Use Disorder.  OHA Case No. PSH-14-0041 (Steven L. Fine)

On August 27, 2014, an OHA Administrative Judge (AJ) issued a decision in which she concluded that the DOE should not restore an individual’s suspended DOE access authorization.  A DOE Operations Office referred the individual to administrative review, based upon security concerns arising from the individual’s pattern of financial irresponsibility, including her failure to file federal and state income taxes for tax years 2010, 2011, and 2012, as well as her unpaid collection accounts.  After conducting a hearing, convened at the individual’s request, and evaluating all relevant evidence, the AJ concluded that the individual had not resolved the security concerns raised by his pattern of financial irresponsibility.  In this regard, the AJ found that the individual had filed her delinquent tax returns, paid her collection accounts, and implemented a plan to address her future financial obligations.  However, the AJ further concluded that insufficient time had passed since the individual took those actions to allow the individual to demonstrate a sustained pattern of financial responsibility.  Therefore, the AJ was unable to conclude that the individual’s conduct at issue in the proceeding was in the past and unlikely to recur such that it did not cast doubt on her current reliability, trustworthiness or good judgment.  Accordingly, the AJ found that the DOE should not restore the individual’s suspended security clearance.  OHA Case No. PSH-14-0047 (Diane DeMoura)

On August 27, 2014, an OHA Administrative Judge issued a decision in which she determined that an individual’s access authorization should not be restored.  In reaching this determination, the Administrative Judge found that the individual had not resolved the security concerns arising from his financial irregularities.  At the hearing, the individual testified that he accumulated his outstanding debt and failed to file his Federal and state tax returns because his wife had several surgeries which led to her addiction to pain medication and failure to find employment.  He stated that she lied to him about her employment situation, claiming that there was a problem with payroll when he asked where her paycheck was.  He admitted that at some point he “lost all hope” that he could rectify the situation.  Finally, in December 2013, he filed his delinquent tax returns.  In May 2014, after consulting with a credit counseling company, he filed for Chapter 7 bankruptcy.  The Administrative Judge found that the individual has made strides in correcting his financial situation, but that he had not yet mitigated the concerns raised by his financial indebtedness.  She found that there was no pattern of financial responsibility that could offset his past pattern of financial irresponsibility.  Based on the foregoing, the Administrative Judge concluded that the individual had not adequately mitigated the security concerns.  OHA Case No. PSH-14-0050 (Janet R. H. Fishman)