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PSH-12-0079 - In the Matter of Personnel Security Hearing

On October 12, 2012, an OHA Hearing Officer issued a decision in which he concluded the DOE should grant an individual an access authorization.   A Local Security Office suspended the individual’s security clearance because of concerns regarding the individual’s prior use of heroin and an opinion of a DOE consultant psychologist that the individual suffered from Opiate Dependence and Learning Disorder Not Otherwise Specified.  A Local Security Office cited this information as the basis for security concerns under the Bond Amendment and 10 C.F.R. Part 710.  The Hearing Officer found that that the individual resolved the concern related to his use of illegal drugs based on testimony and other evidence regarding the treatment the individual had received for his Opiate Dependence, and the testimony of the DOE consultant psychologist who, with the additional evidence provided as to that treatment, opined that the individual was at a low risk of relapse into the use of illegal drugs.  The Hearing Office rfurther found that the individual had resolved any concerns under the Bond Amendment, as he did not meet the definition of “addict” referenced in that statute.  With regard to any security concern raised by the diagnosis of Learning Disorder Not Otherwise Specified, the Hearing Officer found the concern to be resolved, based primarily upon the testimony of the DOE consultant psychiatrist that he had changed his opinion that the individual’s ability to read would be at such a low level that it would affect his reliability; particularly his reliability with respect to being able to learn about and follow security regulations.  OHA Case No. PSH-12-0079

Steven Goering - Hearing Officer