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PSH-12-0003 - In the Matter of Personnel Security Hearing

In September 2011, the Individual, a security clearance holder, was arrested for Driving While Intoxicated (DWI) and subsequently reported the arrest to the Local Security Office (LSO) at the DOE Facility where he worked. DOE Exhibit (Ex.) 19. Neither a September 2011 personnel security interview (PSI) nor a DOE-Contractor Psychologist’s (DOE Psychologist) examination and evaluative report of the Individual resolved the security concerns raised by his 2011 DWI arrest. Consequently, the LSO informed the Individual, in a January 2011 notification letter (Notification Letter), that derogatory information existed which raised security concerns under 10 C.F.R. § 710.8(h), (j), and (l) (Criteria H, J, and L, respectively) and that his security clearance was suspended. Ex. 1. The Notification Letter also informed the Individual that he was entitled to a hearing before a Hearing Officer in order to resolve the security concerns.

Reversed (OS October 2, 2012)