Access Authorization Not Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
February 2, 2022On February 2, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be not restored. The Individual is employed by a DOE contractor in a position that requires her to hold a DOE security clearance. In September 2020, the Individual was arrested and charged with Simple Assault. The Individual admitted to consuming alcohol prior to this incident. As a result of this incident, the Individual was evaluated by a DOE consultant psychologist (Psychologist) in March 2021. The Psychologist diagnosed her with Alcohol Use Disorder, Moderate, and determined that the Individual had not demonstrated adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that she did not believe that she had an alcohol use disorder, and aside from undergoing breathalyzer testing, did not follow any of the Psychologist's recommendations for rehabilitation or reformation. The hearing testimony also made clear that the Individual had repeatedly misrepresented her alcohol consumption. After hearing the Individual's testimony, the Psychologist opined that the Individual had not demonstrated adequate evidence of rehabilitation and reformation from the Alcohol Use Disorder, Moderate. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should be not restored. (OHA Case No. PSH-21-0121, Quintana)