Personnel Security Hearing (PSH)

Personnel Security; Access Authorization Not Restored; Guidelines I (Psychological Conditions)

On January 9, 2019, an Administrative Judge issued a decision in which he determined that an Individual's access authorization should not be restored. In a Notification Letter issued to the Individual, the DOE alleged the existence of derogatory information under Adjudicative Guideline I. The Individual had been diagnosed as having Major Depression Disorder, Recurrent Episode, in Full Remission, with Anxious Distress, for which he was not being monitored or receiving treatment. After conducting a hearing, the Administrative Judge determined that (1) the depressive disorder could impair the Individual's judgment, reliability, stability, or trustworthiness; (2) the Individual had not been receiving treatment for the condition; and (3) there was therefore a significant risk that, though in full remission, the condition could recur. The Administrative Judge therefore concluded that the Individual had not mitigated the security concern and accordingly concluded that the Individual’s access authorization should not be restored. OHA Case No. PSH-18-0074 (James P. Thompson III).

Personnel Security; Access Authorization Not Restored; Guideline E (Personal Conduct) and Guideline F) (Financial Considerations)

On January 8, 2019, an OHA Administrative Judge (AJ) issued a decision in which he determined that an individual's DOE access authorization should be not be restored. The Individual failed to provide truthful and candid information in an Electronic Questionnaires for Investigations Processing (e-QIP) form to the Local Security Office (LSO). The Individual failed to report: (1) two judgments entered against him in  the previous seven years; (2) that his wages had been garnished during the previous seven years, (3) that he had failed to pay federal and state taxes for tax years 2010 through 2016; and (4) that he had 10 accounts totaling $43,495 in outstanding collections and charge-off accounts. In addition, the Individual had a history of failing to meet his financial obligations, failing to file his Federal and State tax returns, and failing to pay his personal income taxes in a timely manner. To this end, the LSO cited two credit reports indicating that the Individual has seven unpaid collection accounts totaling $20,310 and three outstanding charge-off accounts totaling $23,185; the Individual's admissions that three plaintiffs have obtained judgments against him for failing to meet his financial obligations; his admission that his wages have been garnished; his failure to file his Federal and state income tax returns for tax years 2010 through 2016; his admission that he owes the IRS approximately $25,000 and an additional $776 in state income taxes; and his admission that, despite the fact that he has approximately $1,185 in disposable income each month, he has taken no action to repay these debts and has no intention of satisfying these debts.  At the hearing conducted by the AJ, the Individual presented no testimonial or documentary evidence to mitigate these concerns, except for his own, uncorroborated testimony. Because he found this testimony to lack credibility, and relevance, the AJ found that the Individual had failed to mitigate the security concerns raised under Guidelines E and F. Accordingly, the AJ found that the Individual's access authorization should be not be restored. OHA Case No. PSH-18-0067 (Steven L. Fine).