PSH-23-0132 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline E (Personal Conduct), Guideline I ( Psychological Conditions), Guideline H (Drug Involvement and Substance Misuse) 

On December 4, 2023, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE Contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's personal conduct, psychological conditions, and drug involvement. Regarding the Guideline E allegations, the LSO alleged that the Individual made a number of omissions on his 2020 and 2021 QNSPs and engaged in conduct that demonstrate a pattern of rule violations and dishonesty. Regarding the Guideline I allegations, the LSO alleged that the Individual received inpatient mental health treatment in 2018, was taken to a hospital for treatment in 2008, and that a DOE Psychologist recommended twelve weeks of therapy . Regarding the Guideline H allegations, the LSO alleged that the Individual disclosed in 2018 that he smokes marijuana on the weekends and tested positive for the substance. At the hearing, the Individual testified on his own behalf and a DOE Psychiatrist testified for the agency. The Individual provided various reasons for the omissions, stating among other things, that another person completed his 2021 QNSP on his behalf. He denied the current use of drugs but did not provide any evidence to corroborate his testimony. Finally, the Individual had a history of noncompliance with medical treatment, a history of alleged threats of suicide involving firearms, and mental health diagnoses in 2018. Although the Individual was receiving individual therapy, the Administrative Judge could not be reassured that he would comply with current treatment recommendations. The Individual failed to mitigate the stated concerns (OHA Case No. PSH-23-0132, Rahimzadeh)