PSH-19-0030 - In the Matter of Personnel Security Hearing

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On September 17, 2019, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. In 2017, the Individual submitted a Questionnaire for National Security Positions (QNSP). A background investigation into the Individual revealed that he failed to disclose criminal activity that he was required to include on the QNSP, including alcohol and drug-related arrests. The background investigation also revealed twenty-one instances in which the Individual was arrested, cited, or accused of unlawful conduct since 2000. In addition, the background investigation provided further adverse information on the Individual's financial situation, including that he had accrued significant tax liability as a result of fraudulently claiming unauthorized dependents on tax returns, was delinquent on child support payments, and failed to pay numerous debts. During the hearing, the Individual offered character testimony, demonstrated that he had resolved the last pending charges against him, had not been arrested or cited for unlawful conduct since 2017, and had begun the process of paying his unpaid taxes, debts, and child support. However, the Individual did not resolve the security concerns asserted by the local security office. With respect to Guideline E, the Individual's explanation for omitting arrests and citations from the QNSP was unconvincing and reflected poorly on his judgment and reliability. While the Individual made some progress towards improving his financial situation, his efforts were too recent, and his plans for meeting his obligations on an ongoing basis were too vague to resolve the security concerns under Guideline F. As to Guideline J, the Individual's ability to refrain from criminal conduct for a period of two years was not sufficient to resolve the security concerns in light of his long pattern of unlawful conduct. For these reasons, the Administrative Judge determined that the Individual should not be granted access authorization. OHA Case No. PSH-19-0030 (Katie Quintana).