PSH-24-0136 - In the Matter of Personnel Security Hearing

On November 13, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization should not be granted under 10 C.F.R. Part 710. In June 2023, the Individual submitted a Questionnaire for National Security Positions (QNSP). Through the investigation, the DOE Local Security Office (LSO) became aware of (1) eight outstanding delinquent financial debts owed by the Individual; (2) two civil court actions filed against the Individual in 2014 and 2017 for money owed; and (3) his failure to file and pay federal and state income taxes, in particular his failure to file his 2022 federal income tax return, his failure to file his 2022 state income tax return, and his failure to pay 2021 federal income tax liability. The Individual in the 2023 QNSP had also failed to disclose the civil court actions and his tax issues. The LSO found that the Individual's personal conduct and financial issues created a substantial doubt regarding his eligibility to hold a security clearance. After the hearing, the AJ determined that the LSO appropriately invoked Guidelines E and F and that the Individual had not put forth sufficient evidence to resolve the security concerns. Among other things, the AJ determined that the Individual had deliberately omitted his tax issues and civil court actions from the June 2023 QNSP and failed to begin to resolve his outstanding delinquent financial obligations until after applying for access authorization. Accordingly, the AJ concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-24-0136, Fishman)