PSH-24-0078 - In the Matter of Personnel Security Hearing

Access Authorization Denied; Guideline's G and J

Office of Hearings and Appeals

August 1, 2024
minute read time

On August 1, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should be denied. The Individual had an extensive history of criminal activity and disregard for the law that included four alcohol -related arrests. In addition, a DOE-contracted Psychologist evaluated the Individual and found that he met sufficient criteria for Alcohol Use Disorder (AUD), Severe. Moreover, the Individual had failed to comply with DOE Order 472.2A which requires applicants for security clearances to report arrests to the LSO within three days.

The AJ found that three themes concerning the Individual stood out in the record, as relevant to the security concerns raised by the LSO. First, he had demonstrated a longstanding inability or unwillingness to comply with rules and the law. Second, he had a significant, longstanding alcohol problem, which he had not successfully addressed.  Third, he was a remarkably inconsistent historian.

Accordingly, the AJ found that the Individual had not mitigated any of the security concerns raised by his AUD, his extensive criminal history, and his failure to timely report an arrest for driving while intoxicated.

The AJ therefore concluded that the Individual's access authorization should be denied. (OHA Case No. PSH-24-0078, Fine)