PSH-18-0055 - In the Matter of Personnel Security Hearing

On October 11, 2018, an OHA Administrative Judge issued a decision in which she determined that an individual's DOE access authorization should not be restored. To support the Guideline G security concerns, the LSO relied upon the Individual's three Driving Under the Influence (DUI) charges; his Minor in Possession (MIP) charge; and the DOE Psychologist's diagnosis that the Individual was suffering from Alcohol Use Disorder, Moderate. To support the Guideline J concerns, the LSO relied upon the Individual's four alcohol related charges. After carefully considering the totality of the record, the Administrative Judge found that the Individual's clearance should not be restored. The Individual did not resolve the Guideline G or J concerns because he is not yet rehabilitated from his Alcohol Use Disorder, Moderate, diagnosis. He testified that he has not consumed alcohol since September 2017. The Individual claimed that his future intention was to consume alcohol in moderation on special occasions, but never before driving. The DOE Psychologist testified that his diagnosis was unchanged.  He opined that the Individual has started the process of rehabilitation and that he was at a low risk of returning to alcohol on his current program, but that the Individual was not rehabilitated because he had not actively participated in Alcoholics Anonymous or a similar program. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should not be restored at this time.   OHA Case No. PSH-18-0055 (Janet R. H. Fishman).