On September 14, 2018, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored.  In January 2018,  the Individual informed the Local Security Office  (LSO) that a Bench Warrant had been issued for his arrest because he had failed to appear for a criminal court proceeding. A background investigation on the Individual revealed that the Individual was arrested and charged with several acts of domestic violence and twice received a bench warrant for failing to appear at his scheduled court hearings. The Individual's most recent criminal charge of Felony Battery occurred in 2016. The individual also engaged in criminal conduct separate from allegations of domestic violence. Between 2015 and 2016, the Individual was cited for speeding on four separate occasions.  Also, in 1999, the Individual was charged with Possession of Marijuana.  Notwithstanding the possession charge, the Individual continued to use marijuana daily or monthly until 2006. He also used cocaine daily during the same period. During the hearing, the Individual asserted that in each domestic violence incident, he was not the aggressor and applied force in order to repel attacks. He stated that he participated in a six-month intervention program in which he talked about anger management and received group therapy. He also explained that he participated in five sessions of counseling where he learned how to identify red flags in potential romantic partners. With respect to his speeding tickets, the individual explained that he took care of the fines associated with the citations and that he has not been stopped for speeding since 2016.

Regarding his drug use, the individual explained that he has since changed his life, and has not used drugs since 2006. The Administrative Judge found that the Individual did not mitigate the security concerns related to his criminal conduct because the criminal charges are recent and are still pending. She also found that the Individual's conduct does not appear to be unusual as the Individual has been involved in at least two similar physical incidents with romantic partners. The Administrative Judge found that while the Individual's illegal drug use may have occurred over a decade in the past, the recency and severity of his remaining criminal conduct preclude a finding that the Individual is successfully rehabilitated due to the passage of time. She concluded that the evidence in this case established that the Individual has committed criminal offenses which provide a continuing basis for concern. The Administrative Judge therefore concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-18-0052 (Kimberly Jenkins-Chapman).