PSH-18-0073 - In the Matter of Personnel Security Hearing

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On January 24, 2019, an OHA Administrative Judge issued a decision in which she determined that an individual's DOE access authorization should be granted. To support the Guideline E security concerns, the LSO relied upon the fact that the Individual omitted three Driving Under the Influence (DUI) charges from his Questionnaire for National Security Positions (QNSP). To support the Guideline H concerns, the LSO relied upon the fact that the Individual admitted he used marijuana between June 1981 and September 2012, failed a random drug test while on probation in 1998, and was charged with Drug Possession/Paraphernalia in 2012. Finally, to support the Guideline J concerns, the LSO relied upon the fact that the Individual had six arrests for DUI, one of which also involved Drug Possession/Paraphernalia; one arrest for Telephone Harassment; one arrest for Assault, Endangering Children, and Violation of a Protection Order; and two charges for Driving on a Suspended License.  After carefully considering the totality of the record, the Administrative Judge found that the Individual's clearance should be granted. As for the mitigation of the Guideline E concerns, the Administrative Judge found that the Individual had not intentionally omitted the three DUIs from his QNSP, but rather when he listed his one DUI arrest as a fourth offense, he believed he was including the other three DUI arrests. The Individual did resolved all the Guideline H and J concerns primarily because of the passage of time since the last occurrence. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should be granted at this time. OHA Case No. PSH 18 0073 (Janet R. H. Fishman).