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PSH-13-0039 - In the Matter of Personnel Security

On July 3, 2013, an OHA Hearing Officer issued a Decision in which she determined that an Individual’s access authorization should not be restored.  In reaching this determination, the Hearing Officer found that the Individual had not resolved the security concerns raised by the Local Security Office (LSO) under Criterion L arising from his six alcohol-related arrests, multiple traffic citations, and false statement during a Personnel Security Interview (PSI).  The most recent alcohol-related arrest was Aggravated Driving While Intoxicated arrest, which occurred in October 2012.  At the hearing, the Individual denied having consumed alcohol prior to the arrest, yet he refused to take a breathalyzer at that time and pleaded guilty to the charge.  The Hearing Officer found that, based on the evidence presented to her including the guilty plea and refusal to take the breathalyzer, she could not find that the Individual had mitigated the concern based on his 2012 ADWI arrest.  Further, the Hearing Officer found that taken along with that arrest, the five other alcohol-related arrests and thirty-one traffic citations showed a pattern of criminal conduct.  Although the Individual has a good employment record, successful rehabilitation shown by a passage of time is eradicated by the recurrence of criminal activity as represented by the 2012 ADWI.  Finally, the Hearing Officer could not find that the Individual mitigated the security concern raised by his statement during the PSI that he had not consumed alcohol prior to his 2012 ADWI because he refused to take a breathalyzer and pleaded guilty to the charge.  Although the Hearing Officer was unsure of whether he actually consumed alcohol prior to the ADWI, she erred on the side of caution and found that the Individual did not mitigate the security concern.  The Individual has a burden of showing that he did not make a false statement.  He did not make that showing at the hearing.  Therefore, the Hearing Officer concluded that the Individual’s access authorization should not be restored. 

Janet Fishman - Hearing Officer