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PSH-13-0118 - In the Matter of Personnel Security Hearing

On January 30, 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 the Bond Amendment and under criteria (f), (k) and (l) regarding his multiple usages of marijuana while holding a security clearance, his violation of a Drug Certification, and his omission of significant information from a 2011 QNSP. The Administrative Judge rejected the individual’s argument that the drug usage was not illegal because it occurred in a state where marijuana usage was legalized, and he further determined that there was insufficient evidence of rehabilitation from that marijuana usage. He also concluded that the individual’s omission of significant information from his QNSP, and his repeated violations of DOE security guidelines and of his Drug Certification cast into serious doubt his judgment, reliability and trustworthiness.  Consequently, the Administrative Judge found that the individual’s clearance should not be restored.

Robert Palmer - Hearing Officer