PSH-24- 0175 - In the Matter of Personnel Security Hearing

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

Office of Hearings and Appeals

December 17, 2024
minute read time

On December 17, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was granted access authorization in 2018 after having disclosed an extensive history of illegal drug use. In 2019, while possessing access authorization, the Individual began illegally using fentanyl. The Individual submitted a Questionnaire for National Security Positions (QNSP) in 2023 as part of a routine reinvestigation of his eligibility for access authorization. In the QNSP, the Individual disclosed his illegal fentanyl use and the fact that he had received inpatient drug treatment in 2022. At the hearing, the Individual brought forth information to show that he had received treatment, abstained from illegal drug use since 2022, and established a support network that would prevent him from relapsing into illegal drug use. However, in light of the circumstances in which the Individual began illegally using fentanyl, the Individual's failure to timely disclose his illegal drug use even after receiving treatment, and hearing testimony that called into question the Individual's honesty, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guidelines E or H. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24- 0175, Harmonick)