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PSH-11-0032 - In the Matter of Personnel Security Hearing

On April 24, 2012, an OHA Hearing Officer issued a decision in which he determined that the DOE should not restore an individual’s access authorization.  As security concerns under 10 C.F.R. Part 710, a Local Security Office cited the fact that the individual filed Chapter 13 Bankruptcy Petitions in April 1999, July 2002, February 2006, and October 2010, and that he failed to report his 2002, 2006, and 2010 bankruptcy filings within the time period required by relevant DOE directives.  The hearing officer found, though the individual had taken genuine steps toward better managing his finances, he had not yet established a sustained pattern of financial responsibility, and certain circumstances that contributed to his difficulties appear likely to continue into the future.  Regarding the individual’s failure to timely report his bankruptcy filings, the hearing officer found it unlikely that the individual will run afoul of the relevant reporting requirements in the future, but that his repeated failure to take seriously the need to familiarize himself with basic requirements raises larger questions about his judgment going forward, given that this pattern of behavior continued over a period of more than 10 years, and only ended recently. The hearing officer therefore concluded that the DOE should not restore the individual’s access authorization.

Steven Goering - Hearing Officer