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PSH-13-0027 - In the Matter of Personnel Security Hearing

Personnel Security Hearing (PSH-13-0027).  On June 5, 2013, 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 (1) the individual’s failure to pay federal and state income taxes owed for 2008-2010; (2) his admission that he owed $30,000 in federal income taxes; (3) records indicating that he owed over $6,000 in state income taxes; (4) his admission that he did not file his 2011 federal or state income taxes returns; and (5) his admission that he did not file his 2009 state income tax returns.  During and subsequent to the hearing, the individual presented evidence that he was currently up to date on his federal and state tax filings, and had made arrangements to make monthly payments toward his federal tax liability.  However, the hearing officer found that, given that he had brought his filings up to date only recently, and had not fully accepted responsibility for his past actions, the concerns raised by the individual’s failure to file tax returns had not been resolved.  As for the individual’s financial irresponsibility in accumulating delinquent tax debt, the hearing officer found that the individual had not yet fully established a pattern of financial responsibility, and that there were reasons to doubt that he would be able to sustain such a pattern in the long term.   The hearing officer therefore concluded that the DOE should not restore the individual’s access authorization.

Steven Goering - Hearing Officer