PSH-24-0045 - In the Matter of Personnel Security Hearing

On May 1, 2024, an Administrative Judge with the Department of Energy's (DOE) Office of Hearings and Appeals determined that the Individual's access authorization should be restored under 10 C.F.R. Part 710. In June 2023, the Individual was arrested and charged with Driving Under the Influence (DUI). DOE asked the Individual to undergo a psychological evaluation with a DOE-contracted psychologist ( Psychologist). The Psychologist opined that the Individual habitually binge consumed alcohol to intoxication and that he was not rehabilitated or reformed. The Individual presented testimony and evidence that he began attending an Intensive Outpatient Treatment Program and was seeing a therapist. He also presented testimony and evidence that he had not consumed alcohol since his DUI . He testified that he intended to abstain from alcohol indefinitely. The DOE Psychologist opined at the hearing that the Individual was rehabilitated and reformed. The Individual's criminal case was not yet resolved but due to his abstinence, it was unlikely that he would drink and drive in the future . Therefore, the Administrative Judge found that the Individual had mitigated the concerns arising from the Guidelines G and J. Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guidelines G and J. (OHA Case No. PSH-24-0045, Martin) (OHA Case No. PSH-24-0045, Martin)