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TSO-1004 - In the Matter of Personnel Security Hearing

The regulations governing the Individual’s eligibility are set forth at 10 C.F.R. Part 710, “Criteria and Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material.” Under Part 710, if derogatory information has been received regarding an individual and a question concerning the individual’s eligibility to hold an access authorization has been raised, the individual is given the opportunity to request an administrative review hearing. 10 C.F.R. § 710.21(b). At an administrative review hearing, the individual is offered the opportunity to offer evidence as to his or her fitness to hold a security clearance. The burden lies with the individual to prove that “the grant . . . of access authorization to the individual would not endanger the common defense and security and would be clearly consistent with the national interest.” See 10 C.F.R. § 710.27(a). The ultimate decision concerning eligibility is a comprehensive, common sense judgment based on a consideration of all relevant information, favorable and unfavorable. 10 C.F.R. § 710.7(a).