Summary of Decisions - December 02, 2024 -December 06, 2024

FOIA Appeal (FIA)

FOIA Appeal: Adequacy of Search, Granted

On December 6, 2024, the Office of Hearings and Appeals (OHA) granted a Freedom of Information ( FOIA) appeal filed by Dustin Slaughter (Appellant) from a determination letter issued by the Department of Energy (DOE), Office of Public Information (OPI). DOE determined that there were no records responsive to the Appellant's search. The Appellant challenged the adequacy of the DOE's search. After reviewing the appeal, OHA concluded that the DOE had not met its burden to show that it had conducted a search reasonably calculated to uncover responsive documents. Accordingly, the Appellant's appeal was granted, and the matter was remanded to OPI to conduct a new search. (OHA Case No. FIA-25-0008)

Personnel Security Hearing (PSH)

Access Authorization Not Restored; Guideline I (Psychological Conditions) and Guideline M (Use of Information Technology)

On December 6, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In March 2024, a DOE contractor detected the Individual transferring large amounts of data to a DOE site's network. An investigation determined that the Individual had inadvertently backed up over 100,000 sexually explicit files to the DOE site's network. The Individual subsequently underwent an evaluation by a DOE-contracted psychologist ( DOE Psychologist) who determined that the Individual was experiencing a major depressive episode at a moderate to severe level, the symptoms of which compromised his judgment, trustworthiness, and ability to comply with rules and policies. At the hearing, the Individual presented evidence to show that his mental health symptoms had stabilized, that a change in his medication would prevent him from experiencing similar symptoms in the future, and that he had taken measures to ensure that none of his personal files were inadvertently stored on the DOE site's network again. However, the DOE Psychologist opined that the Individual's prognosis for avoiding a future mental health episode that would compromise his judgment, trustworthiness, and reliability was only fair and the Individual did not bring forth sufficient evidence to mitigate the security concerns presented by his misuse of information technology. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0142, Harmonick)

Access Authorization Denied; Guideline J

On December 4, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should be denied. The Individual has a history of five arrests over a forty-two-year period. The AJ concluded that these incidents demonstrated that the Individual is vulnerable to moments in which her judgment is seriously impaired. The AJ questioned the accuracy of the information the Individual had provided concerning these incidents. The AJ noted that while the Individual had taken responsibility for her actions at the hearing and indicated she realized she needed to avoid "toxic relationships," the AJ remained concerned, however, because she never indicated she was addressing her inability to manage her emotions in difficult situations or that the Individual had acquired any insight into her propensity to lose control.

The AJ therefore concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0148, Fine)