Access Authorization Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
June 26, 2024On June 26, 2024, an Administrative Judge determined that an individual's access authorization should be restored under 10 C.F.R. Part 710. On August 23, 2023, the Individual tested positive on a random breath alcohol test at work. In November 2023, a DOE-contracted psychologist (Psychologist) conducted a psychological evaluation of the Individual and diagnosed him with alcohol use disorder, moderate, not yet in early remission. At the hearing, the Individual provided evidence and testimony that he had successfully completed an intensive outpatient program (IOP) to address his problematic alcohol consumption, he continued to participate in one -on-one counseling and group aftercare sessions twice weekly, he had been abstinent from alcohol since September 2023, as corroborated by regular alcohol testing, and he had no intentions of resuming alcohol consumption. Based on this evidence, the Psychologist opined that the Individual had demonstrated reformation and rehabilitation from his alcohol use disorder. The Administrative Judge concluded that the Individual had mitigated the concerns under Guideline G, and therefore his clearance should be restored. (OHA Case No . PSH-24-0076, Rotman)