PSH-18-0028

On June 26, 2018, an Administrative Judge determined that an individual's access authorization should not restored under 10 C.F.R. Part 710. The individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the individual having a psychological condition. In citing Guideline I, The Notification Letter relied upon the opinion of a DOE psychologist that the individual has cognitive deficits of unknown origin, which is an emotional, mental, or personality condition that can continue to impair judgement, reliability, or trustworthiness.

At the hearing, the individual presented evidence from himself and his supervisor that he was a reliable and trusted employee. He also presented a letter from a Licensed Clinical Social Worker who opined that the individual did not suffer from cognitive deficits. Subsequently, the DOE psychologist explained the type of testing he conducted in order to reach his determination regarding the individual's condition. The DOE psychologist also opined, after having the benefit of listening to the hearing testimony and reviewing the exhibits that the individual continued to suffer from cognitive deficits of unknown origin that could impair his judgment and reliability. Finally, the DOE psychologist stated that the condition is not amendable to treatment.

The Administrative Judge concluded that, based on the specific record developed in the case, the individual had not mitigated the security concerns stated in the Notification Letter. The Administrative Judge therefore concluded that the individual's access authorization should not be restored. OHA Case No. PSH-18-0028 (James P. Thompson, III,).