PSH-22-0097 - In the Matter of Personnel Security Hearing

On October 11, 2022, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual submitted a Questionnaire for National Security Positions in which he disclosed having incurred significant gambling losses, being arrested for trespassing in a casino after having placed himself on a list of excluded problem gamblers, failing to pay federal and state personal income taxes, owing back child support, and falling into delinquency on numerous consumer debts. A DOE-contracted psychologist (DOE Psychologist) conducted a clinical interview of the Individual and determined that he met sufficient diagnostic criteria for a diagnosis of Gambling Disorder, in recent remission, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. At the hearing, the Individual provided evidence that he had resolved the significant majority of his child support arrears and testified that he had not gambled for approximately five months. However, he had not paid or made arrangements to pay his unpaid taxes or consumer debts. Additionally, the DOE Psychologist opined that the Individual's Gambling Disorder continued to impair his reliability and judgment and that his prognosis for recovery was guarded. As the Individual had not made arrangements to resolve his unpaid taxes and debts, and his self - described financial position was precarious, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline F. In light of the DOE Psychologist's negative prognosis for the Individual's future ability to avoid problematic gambling, the Administrative Judge likewise concluded that the Individual had not resolved the security concerns under Guideline I . Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-22-0097, Harmonick)