PSH-24-0125 - In the Matter of Personnel Security Hearing

Access Authorization not restored; Guidelines E and F

Office of Hearings and Appeals

October 10, 2024
minute read time

On October 10, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored. 
A local security office (LSO) obtained a credit report for the individual which indicated that he had twelve delinquent debts nine of which were in collection status. After obtaining additional information from the Individual concerning these debts, the LSO issued a notification letter alleging that the Individual had twelve unresolved delinquent debts and that his monthly earnings were significantly less than his monthly income. In addition, the Individual had failed to self -report any of his several delinquent debts that were over 120 days past due, as required by DOE Order 472.2. At the hearing, the Individual was able to show that he had resolved ten of his twelve outstanding debts. However, he was unable to resolve two of his outstanding debts and was unable to show that his monthly expenses would not continue to be greater than his monthly earnings. Finally, the AJ found that the Individual had not shown that the security concerns raised by his failure to self -report his delinquent debts were resolved by his alleged ignorance of DOE's self-reporting requirements. After reviewing the record of the proceeding, including the hearing testimony of witnesses presented by the Individual and the DOE, the AJ concluded that the Individual had not resolved the Guideline E and F security concerns.

The AJ therefore concluded that the Individual's access authorization should not be restored. ( OHA Case No. PSH-24-0125, Fine)