Personnel Security Hearing (10 CFR Part 710)

On October 7, 2016, an Administrative Judge issued a decision in which he determined that an individual’s access authorization should not be restored. The individual was arrested for DUI and was referred to a DOE consultant psychologist for an evaluation. The DOE psychologist diagnosed the individual as suffering from Unspecified Alcohol-Related Disorder, and his clearance was suspended. The individual requested a hearing. At the hearing, the individual demonstrated that he had abstained from alcohol usage for approximately six months as of the date of the hearing. After reviewing the testimony, the Administrative Judge (AJ) determined that the individual had not demonstrated adequate evidence of reformation or rehabilitation. The AJ based this determination on the unfavorable testimony of the DOE psychologist, the failure of the individual to demonstrate that he had undergone any counseling or therapy, and the relatively brief period of abstinence when compared to the individual’s history of abusive drinking. Consequently, he concluded that the individual had not successfully addressed the DOE’s security concerns.  OHA Case No. PSH-16-0051 (Robert B. Palmer)