PSH-18-0033 - In the Matter of Personnel Security Hearing

Personnel Security; access authorization not restored; Guidelines G (Alcohol Consumption)

Office of Hearings and Appeals

July 16, 2018
minute read time

On July 16, 2018, an OHA Administrative Judge issued a decision in which she determined that an Individual's DOE access authorization should not be restored. In invoking Guideline G, the LSO relied upon the Individual's history of alcohol consumption, his diagnosis of Alcohol Use Disorder-Moderate by a DOE Psychologist, his BAC during breathalyzer tests at work, and his history of alcohol-related citations and arrests.  At the hearing, the Individual presented evidence that he had voluntarily taken measures to recover from his alcoholism, including attending counseling and outpatient treatment programs. However, the Individual also testified that he had used alcohol after completing an intensive outpatient program and that he had consumed alcohol to excess every night while on a hunting trip just a few months prior to his hearing. The DOE Psychologist testified that he did not consider the Individual rehabilitated at that time. After carefully considering the totality of the record, the Administrative Judge found that the Individual had not resolved the concerns raised under Guideline G regarding his alcohol consumption because he had not abstained from alcohol long enough to sufficiently establish a pattern of abstinence. Consequently, based on all of the above, the Administrative Judge found that the individual's access authorization should not be restored.   OHA Case No. PSH-18-0033 (Janet R. H. Fishman).