PSH-18-0029

On June 26, 2018, an Administrative Judge determined that a request for access authorization under 10 C.F.R. Part 710 should not be restored. The Individual's access authorization had been suspended after an altercation with a friend that resulted in the Individual's arrest for felony battery. The Individual had been consuming alcohol at the time of the altercation. He continued consuming alcohol after the altercation, in violation of his probation. The Individual also had a years-long history of citations and arrests. During an evaluation, the Individual told a DOE Psychologist that he had not consumed alcohol in several months. A subsequent blood test showed that this statement was false.  At the hearing, the Individual and    his witnesses presented insufficient evidence to convince the Administrative Judge that the Individual has now mitigated his alcohol-related concerns. Regarding his misrepresentations to the DOE Psychologist, the Individual testified that he was simply scared of losing his job. The Administrative Judge was not convinced, however, that the Individual would tell the truth the next time he was faced with serious consequences for his actions. The Individual's intentional violation of the terms of his probation, coupled with his long history of violating the law, showed that he has not mitigated concerns regarding his criminal conduct. The Administrative Judge therefore found that the Individual had not resolved the security concerns and concluded that the Individual's access authorization should not be restored at this time. OHA case no. PSH-18-0029 (Kimberly Jenkins-Chapman).