PSH-18-0056 - In the Matter of Personnel Security Hearing

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On October 3, 2018, an OHA Administrative Judge issued a decision in which she determined that an Individual's DOE access authorization should not be granted. The LSO's security concerns were based upon the individual's alcohol consumption, criminal behavior, and lack of candor. The Individual had been arrested for and charged with Driving While Intoxicated. He was not honest with the arresting officer or the DOE about how much alcohol he had consumed that evening. Furthermore, it was his second offense, despite his promise to DOE in 2009 to never drink and drive again. The Individual had begun treatment shortly after his arrest, but had multiple relapses, one as recently as five months before his hearing.

At the hearing, the Individual presented evidence that he had been abstinent since May 2018 and that he was active in various treatment plans.  The DOE Psychologist testified that the Individual had not abstained from alcohol long enough to be rehabilitated. After carefully considering the totality of the record, the Administrative Judge found that the Individual had not resolved the concerns raised under Guidelines G, E, or J. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should not be granted. OHA Case No. PSH-18-0056 (Kimberly Jenkins-Chapman).