PSH-24-0137 - In the Matter of Personnel Security Hearing

On October 29, 2024, an Administrative Judge determined that an individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was arrested for Driving While Intoxicated (DWI) in June 2015 and in January 2024, and admitted that he drove while intoxicated approximately twice per month. In March 2024, a DOE-contracted psychologist (Psychologist) determined that the Individual engaged in habitual and binge consumption of alcohol, without evidence of rehabilitation or reformation. At the hearing, the Individual and his wife testified that he had not consumed any alcohol since the January 2024 DWI, for a total of nine months of abstinence, and did not intend to go back to drinking. He had also been an engaged participant in Alcoholics Anonymous and had been receiving cognitive behavioral therapy to address the negative mindset that he believed drove his excessive drinking. The Psychologist, nonetheless, felt that the Individual could not sufficiently reduce his likelihood of relapse without successfully completing a substance abuse treatment program, with required aftercare for one year. Without that, the Psychologist could not find the Individual rehabilitated. The Administrative Judge concluded that the Individual had not mitigated the concerns under Guideline G or Guideline J, and therefore his clearance should not be restored. (OHA Case No. PSH-24-0137, Rotman)