PSH-24­-0039 - In the Matter of Personnel Security Hearing

On April 10, 2024, 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 criminal conduct. Regarding these allegations, the LSO alleged that the Individual was arrested and charged with Aggravated Battery, Child Abuse, and Misdemeanor Interference with Communications in July 2023. The LSO also alleged a number of other criminal charges, including traffic-related matters, a 2020 Driving Under the Influence, Domestic Violence in 2017 and 2018, and Aggravated Assault and Negligent use of a Deadly Weapon in 2016. 

At the hearing, the Individual presented the testimony of four witnesses, including that of the alleged victim in the 2023 criminal matter. The Individual also presented evidence that he had taken alcohol education courses through is employer's Employee Assistance Program and participated in one-on-one counseling for nine weeks. Although the Individual mitigated the concerns related to the traffic-related charges and the 2020 DUI, the Individual failed to mitigate the aforementioned 2016, 2017, 2018, and 2023 charges. (OHA Case No. PSH-24­0039, Rahimzadeh)