Personnel Security Hearing (PSH)

Access Authorization Granted; Guideline F (Financial Considerations.

On September 26, 2022, an Administrative Judge determined that the Individual's access authorization should be granted under 10 C.F.R. Part 710. The Individual is employed at a DOE facility in a position that requires him to hold a security clearance. The Local Security Office (LSO) received derogatory information regarding the Individual's financial irregularities. The LSO determined that the Individual had charged-off or in-collection accounts totaling over $200,000 and failed to file federal and state income taxes for the years 2016, 2017, and 2018. The Individual began experiencing financial difficulties because of a loss of employment due to the for -profit college that he was working for closing.  This occurred to him two times. Because of his joblessness, the Individual feel behind on all his accounts and his car was repossessed.  The Individual eventually had to move in with his sister and sleep on her couch.  He eventually found a job with a DOE contractor, which led to his current employment in 2019 at a significantly greater rate of pay.  Despite his significant increase in income, the Individual did not begin to resolve his finances until the background investigation for his security clearance had commenced.  The Administrative Judge determined that the circumstances that led to the Individual's financial difficulties are unusual, which are unlikely to recur and do not cast doubt on his current reliability, trustworthiness, or good judgment. Further, the Judge determined that the Individual has initiated payment plans for several his outstanding debts and is attempting to locate the creditors for his other outstanding bills.  Finally, the Individual has submitted his delinquent tax returns and does not owe federal or state taxes.  Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guideline F. (OHA Case No. PSH-22-0096, Cronin)

Access Authorization Restored; Guideline G (Alcohol Consumption)

On September 2,  2022, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should be restored. Derogatory information was discovered regarding the Individual's arrest for Aggravated Driving Under the Influence. The Individual underwent a psychological evaluation by a DOE consultant psychologist. The Psychologist diagnosed the Individual with Unspecified Alcohol-Related Disorder and recommended the Individual remain enrolled in an alcohol treatment program and demonstrate abstinence from consuming alcohol, supported by monthly blood testing. The LSO notified the Individual that his access authorization was being suspended due to Guideline G (Alcohol Consumption) concerns. At the hearing, the Individual presented credible evidence he completed multiple alcohol treatment programs and remained enrolled in an aftercare program. The Individual also presented credible evidence he abstained from alcohol for just under one year, which was supported by documentation of monthly PEth testing, several months of random ETG testing, and several months of breathalyzer testing, all showing negative results. The DOE Psychologist also opined the Individual substantially complied with all treatment recommendations and was rehabilitated and reformed. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual mitigated the security concerns associated with Guideline G. Accordingly, the Administrative Judge found that the Individual's access authorization should be restored.  (OHA Case No. PSH-22-0093, Martin)

Access Authorization Denied; Guideline G (Alcohol Consumption), Guideline E (Personal Conduct)

On September 28, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be denied. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In completing a Questionnaire for National Security Positions (QNSP) in June 2021, the Individual disclosed that he had twice previously been charged with "driving under the influence of alcohol" ( DUI), once in 2001 and once in 2005. Subsequently, the Individual completed a Letter of Interrogatory (LOI) in August 2021 and was evaluated by a DOE consultant psychologist (Psychologist) in November 2021. The Psychologist opined that the Individual "habitually (multiple times a month) consumes alcohol to a serious level of intoxication, beyond that which has been found to impair judgment." The Psychologist recommended that the Individual abstain from alcohol for 12 months. At the hearing, the Individual testified that, following the psychological evaluation, he limited his alcohol consumption to one to two drinks per sitting. The Individual additionally testified that, in April 2022, he began abstaining from alcohol as he became busy in other areas of his life. Although the Individual had enrolled in an alcohol rehabilitation program, he had not yet completed the program, and he had only been abstinent for approximately four months at the time of the hearing. The Individual stated that he had additionally been attending Alcoholics Anonymous (AA) on a weekly basis; however, at the hearing, the Psychologist indicated that AA would not provide the best support for the Individual as the Individual saw himself as different from the other attendees. Although the Psychologist ultimately testified that he was satisfied with the steps the Individual had taken to address the habitual consumption of alcohol to a serious level of intoxication, due to the recency of the Individual's abstinence from alcohol, as well as the fact that he had not completed his alcohol rehabilitation program, the Administrative Judge could not find that the Individual had sufficiently mitigated the security concerns associated with Guideline G. After considering the evidence in the record and the testimony presented at the hearing, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline G and Guideline E. Accordingly, she concluded that the Individual's access authorization should be denied. OHA Case No. PSH-22-0105 (Katie Quintana)

Access Authorization Not Granted; Guideline E (Personal Conduct)

On September 29, 2022, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. In January 2021, the Individual completed a Questionnaire for National Security Positions (QNSP) in which he denied having used illegal drugs during the prior seven years. In November 2021, the Individual completed a second QNSP and again denied having used illegal drugs during the prior seven years. However, during an interview with an investigator concerning his eligibility for access authorization, the Individual admitted to illegal drug use which he did not disclose on the QNSPs because he feared that he would not be granted access authorization. In light of the seriousness of the Individual's failure to disclose his illegal drug use on the QNSPs, and his failure to promptly disclose these omissions, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline E. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-22-0116, Harmonick)