PSH-18-0038 - In the Matter of Personnel Security Hearing

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On July 26, 2018, an OHA Administrative Judge issued a decision in which she determined that an individual's DOE access authorization should not be restored. To support the Guideline F security concerns, the LSO relied upon the failed to pay or had difficulty paying his bills on time. To support the Guideline G concerns, the LSO alleged that the individual has been diagnosed by the DOE Psychologist with Alcohol Use Disorder, Moderate; had been consuming six to eight beers every other day between 2014 and January 2017; sought treatment for alcohol use in January 2017; and currently continues to consume alcohol. After carefully considering the totality of the record, the Administrative Judge found that the individual’s clearance should not be restored. Although the individual did resolve the Guideline F concerns by declaring Chapter 13 bankruptcy and being current on all his required bankruptcy payments, he did not mitigate the Guideline G concerns regarding his alcohol consumption. He testified that he was currently consuming alcohol at a much reduced level--a level the DOE psychologist testified was at a level not currently considered risky. However, the DOE psychologist also testified that she could not find that the individual was rehabilitated or reformed because he had not been abstinent for one year.  In fact, he had not followed any of the recommendations listed in her report. Consequently, based on all of the above, the Administrative Judge found that the individual's access authorization should not be restored at this time. OHA Case No. PSH-18-0038 (Janet R. H. Fishman).