On September 23, 2022, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) discovered concerning information regarding the Individual's unpaid collection accounts and failure to file or pay federal and state income taxes for several years. Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance because the derogatory information raised security concerns under Guideline F of the Adjudicative Guidelines.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline F by citing that the Individual did not file federal or state income tax returns for tax years 2015 through 2019; he claimed an incorrect marital status for his income tax filings for tax years 2012 through 2014; he failed to file his federal and state income tax returns for tax years 1999 through 2011, and he was no longer able to file these returns because too much time had elapsed; he estimated that he owed more than $54,992 for federal and state taxes; and he had four unpaid collection accounts that totaled $13,352.

The AJ also concluded that the Individual did not put forth sufficient evidence to resolve the Guideline F security concerns for the following reasons. First, there was no evidence that the Individual failed to pay his student loans or file his tax returns for reasons outside of his control. Second, the Individual did not demonstrate a reasonable basis to dispute his past -due debt. Third, the record demonstrated that the Individual had not yet made arrangements with the IRS or state tax authority to file or pay any amount owed because he was still in the process of completing and filing his delinquent tax returns, and he therefore could not be in compliance with any arrangements. Fourth, very little time had passed since the Individual began to take significant steps to address his failure to file tax returns; his conduct had been frequent because his financial issues continued year after year without any significant change in behavior or resolution; his behavior did not occur under such circumstances that it was unlikely to recur; and there was no evidence in the record to indicate that his failure to address his student loan debt or his tax obligations resulted from any circumstance other than his decision to avoid addressing the issues. Fifth, the AJ did not find sufficient evidence to conclude that the Individual had been appropriately addressing the matter despite obtaining financial counseling or that the Individual had initiated or adhered to a good -faith effort to repay overdue creditors or otherwise resolve his debts.

Accordingly, the AJ concluded that the Individual had not resolved the Guideline F security concerns . (OHA Case No. PSH-22-0101, Thompson III)