PSH-17-0080 - In the Matter of Personnel Security Hearing

On February 15, 2018, an Administrative Judge determined that an individual’s access authorization under 10 C.F.R. Part 710 should be granted.  The individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance.  During a background investigation, information surfaced about the individual’s failure to file federal and state income tax returns.  During his personnel security interview conducted in July 2017, the individual admitted that he failed to file his 2014 and 2015 federal and state income taxes as required by law.  However, at the hearing, the DOE Counsel acknowledged, and the individual confirmed, that he did not make enough money to legally require him to file his 2014 taxes.  According to the individual, he did not file his 2015 taxes because he did not have the 1099 information from an employer.  He admitted that he was not very organized and needed to sort through his documents to determine what he may be missing.  During the hearing, the individual testified that he is more organized now, and places all of his important documents in a binder as soon as he receives him.  He also testified that he has matured and now fully understands his legal obligation to file income tax returns, and he stated that, in the future, he will immediately meet with a tax preparer to file his taxes in a timely fashion.  The individual presented evidence that, as of December 7, 2017, he had filed his federal and state tax returns for the tax year 2015 (as well as 2014, although not required by law), thereby fulfilling his obligation to file tax returns for that year.  The Administrative Judge found that the individual met the mitigating criteria of Adjudicative Guideline F in that the individual’s behavior occurred under such circumstances that it is unlikely to recur, and that the individual has made arrangements with the appropriate tax authority to file his taxes.  She therefore found that the individual had resolved the concerns regarding his conduct, and concluded that the individual’s access authorization should be granted. OHA Case No. PSH-17-0080 (Kimberly Jenkins-Chapman)