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PSH-13-0117 - In the Matter of Personnel Security

On February 24, 2014, an Administrative Judge issued a Decision in which he determined that an individual’s access authorization should not be restored. In reaching this determination, the Administrative Judge found that the Individual had not resolved security concerns under Criteria H and J regarding an incident where the Individual had reported to work with an elevated breath-alcohol level and an evaluative report from a DOE Psychologist diagnosing him as suffering from Alcohol Dependence, not in remission. At the hearing, the Individual presented evidence demonstrating that he had recently completed an intensive outpatient treatment program, was currently participating in Alcoholics Anonymous with a sponsor, and currently has a three-month period of abstinence from alcohol. However, the Individual’s own therapist, as well as the DOE Psychologist, opined that the Individual had not completed a sufficiently lengthy period of abstinence whereby they could conclude that the Individual had a low probability of relapsing into problematic alcohol consumption. The Hearing Officer was persuaded by the expert testimony and concluded that, as of the date of the hearing, the Individual had not provided sufficient evidence to resolve the Criteria H and J concerns centered on his Alcohol Dependence diagnosis. Consequently, the Administrative Judge determined that the Individual’s access authorization should not be restored.

Richard Cronin  - Administrative Judge-